DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

SOUTH 24-PARGANAES

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700144

C.C.NO. 101of 2020

 

DATE OF FILING        DATE OF ADMISSION        DATE OF FINAL ORDER

16/12/2020                               29/12/2020                           02/05/2022

 

          President :-                    Hon’ble    Debashis Bandyopadhyay

Member - :                  Hon’ble   Jagadish Chandra Barman

            Membe :-                     Hon’ble   Sangita Paul

 

Complainant-        Samir Sardar

                               Son of Shambhu Sardar

                               Vill. - Nazirpur

                               P. O.- Madarat

                               P.S.-   Baruipur. Pin- 743610

                               Dist.- 24 Parganas south. West Bengal

 

                                                                             Versus

 

Opposite parties-   1) AE & Station Manager

                                    Baruipur Customer Care Centre

                                   West Bengal State Electricity Distribution Comp. Ltd.

                                    Zilla Parishad Building

                                     Police station- Baruipur

                                     Kolkata- 700144

                                     Dist. – 24 Parganas south. 

                   

                                2.  DE & DM Baruipur (D) Division

                                      Baruipur

                                      Dist. – 24 Parganas South.

                                       Pin code- 700144

                                 3. The Chief Engineer

                                      West Bengal State Electricity Distribution Comp. Ltd.

                          Bidyut Bhawan

                          Block-DL, Sector-1

                          Bidhan Nagar

                           Kolkata-700091

Name of the advocate of the complainant- 1.  Pintu Pathak

                                                                               2.  Avishek Mondal

Name of the advocate of O.P. no 1.2,3         1-  Apurba Kumar Sautya 

                                                              

 

 

FINAL ORDER/ JUDGEMENT

 

Sri Jagadish Chandra Barman, MEMBER

 

The facts leading to the filing of the instant case by the complainant may be epitomized as follows:

            This is a complaint case under Section 35 of the Consumer Protection Act 2019. The Complainant Samir  Sardar has built up a  house in his own land that is located at mouza –Baruipur, J. L. No- 31, R. S. Khatian no- 2582, plot no-8703 measuring land 5.5 decimal of 1/3 part and having paternal property around of such plot of land. The petitioner had also stated that he has enough own / common place / way adjacent with Madarat  Panchayet Road to install new electric pole.

                Thereafter, the complainant has applied through online for a new connection of electricity in his house to the Baruipur Customer Care Centre of West Bengal State Electricity Distribution Comp. Ltd. [WBSEDC Ltd] on 25/3/2019 vide application no-1004924531. Hence, a quotation was generated on 29.4.2019 through online. Accordingly, the complainant paid quotation amount Rs. 400.00 only with security amount Rs. 347/-only  on 29/4/2019 vide money receipt nos-6739803 and 6739804 , issued by the Baruipur Customer Care Centre of WBSEDC Ltd. ,  customer ID 104387188

              As per statement, the O. P. has sent a team of M/S Techno Electric, the authorized agent of the O.P., to inspect the premise of the complainant. On another day, the men of the authorized agency went there to perform the new electric connection. But some person namely Subhendu Saedar, Debu Saedar, Dipankar Sardar, Fatan Sardar and Sibu Sardar altogether had objected and created chaos, obstructed them to dig the pits of 3 poles to complete connection. Thereafter, the agent of the O. P., without performing the task, came back to their Office and reported.

                Finding no alternative, the aggrieved complainant filed this instant case before this Ld. Commission on 16/12/2020. This case was admitted provisionally on 29/12/2020 and show cause notices were served satisfactorily to all the opposite parties. In this complaint case, the petitioner has sought the following relieves:-     

                     

To issue an order upon all the opposite parties  to install a new electric metre with electric connection in the premise of the complainant;

To pay litigation charge Rs. 5,000 only for her harassment, mental agony etc.

 To issue any other order as the Commission may deem fit and proper.

               Hence, after receiving the show cause notices, the learned advocate of the Opposite Parties appeared on 10/3/2021 before this learned Commission and filed written version against the complaint petition.

                In the W. V., the O. Ps. stated that as per Electricity Act 2003 and as per West Bengal Electricity Regulatory Commission [ Standards of Performance  of licenses  relating to consumer service]  Regulations 2010 of regulation” 3.0 Procedure for giving new electricity  connection, extension f load and  alteration of service” and as per Regulation” 3.2 clearance required for new connection” and as per Regulation” 13.0 Miscellaneous  Provision under 13.17 :- that notwithstanding  anything contained elsewhere in this  Regulations, the licensee shall not be held responsible for the delay, if any in providing the supply  or service as specified under Regulation 3.0 to Regulation 12.0 of this Regulations, if the same is on account of  problems relating to right of way acquisition of land, order of court of law, clearance of any statutory authorities or delay in meeting intending consumer /consumers obligation over which licensee has no reasonable control.

                     The opposite parties have also clearly stated in para 4 of W. V. by saying, “If the complainant is a land lord/legal occupier of the said premise, then this opposite parties are duty bound to provide electric supply   at the premise in the name of the complainant. But due to non-availability of the free access/way leave permission to the said premise for new service connection and for the reasons it is not possible for this opposite party to install the said new service connection and as per “Regulation 13 Miscellaneous provision “this opposite party is not responsible for the installation of the new service connection in the name of the complainant.

                  The WBSEDCL has also clearly stated in the W.V. by saying, “WBSEDCL will give supply to the complainant on compliance of all necessary formalities of this opposite party and pay any premises dues (OSD) if any. And or to arrange for free access and or way leave permission and restrain those said neighbours and others from causing obstruction and disturbances at the time of lawfully installation of new service connection in the name of the complainant and direction upon the complainant to arrange police personnel at the time of installing new service connection.”

                   In the W. V., the O. Ps. have stated that there is no deficiency of service on the part of the O. Ps. and question of payment for costing and  compensation for mental agony, harassment etc.

                     All the O. Ps. have filed their separate written versions along with annexure as per order of the Ld. Commission. The complainant has filed his evidences and reply to questionnaire in course of time.  . Both the parties have filed BNA. Accordingly, final arguments of all parties were heard by the Hon’ble bench on 25/3/2022.

 

         Upon the averments of both sides, the following points are formulated:-

 

 

POINTS FOR DETERMINATION

1].    Is the complainant a consumer?

2]    Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainant?

3]      Is the complainant entitled to get relief /relieves as prayed for?

 

EVIDENCE OF THE COMPLAINANT

           The complainant as well as the O.Ps.  have filed their respective evidences as per procedure maintains in the Ld. Commission.

 

DECICIONS WITH REASONS.

 

Points no. 1, 2, & 3.

                 After inspection, the O.P. directed the complainant to deposit Rs. 747.00 only for new electric connection in the premise of the complainant.  The complainant [ Samir  Sardar] also paid quotation amount Rs. 400.00 only with security amount Rs. 347.00 only. In total the  complainant paid Rs. 747.00 only on 29/4/2019 vide money receipt nos. 132203881401 , 700034567761, serial nos. 6739803 and 6739804 vide customer ID 104387188 issued by the Baruipur Customer Care Centre of WBSEDC Ltd.

                Therefore, it is crystal clear to us that the complainant is a consumer under Section 2 (7) of the Consumer Protection Act 2019.

                In relation to point for determination 2,”Are the O. Ps.  guilty of deficiency of services and unfair trade practice as alleged by the complainant?” and point no 3, “  Is the complainant entitled to get relief /relieves as prayed for?”, it is relevant to say that the opposite party  had sent  a team of M/S Techno Electric, the authorized agent of the O.P., to inspect the premise of the complainant. On another day, the men of the authorized agency went there to perform the new electric connection. But some persons namely Subhendu Sardar, Debu Sardar,  Dipankar Sardar, Fatan  Sardar and Sibu Sardar had objected and created chaos, obstructed them to dig the pits of 3 poles to complete connection. Thereafter, the O. Ps. came back to their Office without doing their task.

                   As per statement of the O. Ps., there should be free access/way leave permission to the WBSEDC Ltd.  to the premise of the petitioner at the time of digging pits for poles, installation of new electric connection etc.

                    Hence, it is clear to us that there is no deficiency of service and unfair trade practice occurred on behalf of the O.P. No 1, 2, 3.

                  The complainant has applied and paid money with the hope that he would get the new connection of electricity in his premise mentioned in the Khatian no- 932, J. L. No-31, area-0.02 decimal, dag no-16703, Mouza-Baruipur,vill.- Nazirpur,  P. S.- Baruipur, dist.- 24 Parganas[south] .    The petitioner had also stated in the complaint petition that he has enough own / common place / way adjacent  with Madarat  Panchayet Road to install new electric pole.

                      The complainant, with his older father and mother, a son and a daughter, had been living and passing days in great trouble and mental agony without electricity. Electricity is an essential commodity and this is the reason for his application for new installation of a metre and connection in his house.But some persons namely Subhendu Sardar, Debu Sardar, Dipankar Sardar, Fatan Sardar and Sibu Sardar had objected and created chaos, obstructed them to dig pits and to connect the electricity in his premise unnecessarily, motivatedly, unlawfully.      Yet, it is clear to us that the complainant Samir Sardar is entitled to get new electric connection in his premises without any delay.

                       Subhendu Sardar, Debu Sardar, Dipankar Sardar, Fatan Sardar and Sibu Sardar all are clearly instructed not to create any obstruction and disturbances at the time of digging the pits for 3 or any other no. poles and installation by the WBSEDC Ltd. a new electric metre and connection in the said premise from the nearest pole. 

                        The complainant is also directed to take police forces, if he requires, to  assist the WBSEDC Ltd. for the safety purpose and peaceful set up of required poles and installation of new electric connection. The Baruipur Police Station is also directed to maintain law and order at the time of digging pits for poles and providing connection of new metre and electricity in the house of the complainant Mr. Samir  Sardar. Police may take legal action against any one of the problem creators/ obstructers as per law.

                        The WBSEDC Ltd. is also directed to install new electric metre and connection after setting required poles from the nearest pole in the premise for the domestic use of the complainant within 45 days from the date of issuing this order.  

       In the long run, the complaint case is succeeded. 

Hence, it is 

       

                                                        ORDERED

 

        That the complaint case be and the same is hereby allowed on contest against the opposite parties with no cost.

         The complainant is directed to take police forces, if he requires, to assist the WBSEDC Ltd. for the safety purpose and peaceful set up of required no of poles as well as during the period of installation of new electric connection. The costs of poles will be borne by the petitioner/complainant or as per Rules & order for setting required no of poles for electricity connection.

        The Baruipur Police Station is also directed to maintain law and order at the time of digging pits for poles and providing connection of new meter and 

 

 

electricity in the house of the complainant Mr. Samir Sardar. Police may take legal action against any one of the problem creators/ obstructers as per law.

                        The WBSEDC Ltd. means all the opposite parties are also directed to install new electric metre and connection after setting required no of poles from the nearest pole in the premise for domestic use of the complainant within 45 days from the date of issuing this order.  

       Let copies of the order be supplied to all the parties concerned including Baruipur P. S.  in either speed post /registered post free of cost as per rule.

            The final order be also available in www.confonet.nic.in .

 

Dictated and Corrected by me.

 

 

  ( Sri Jagadish Chandra Barman)        

         (Member)