Ld. Advocate(s)
For Complainant: Pritha Mandal
For OP/OPs : Dilip Kumar Saha
Date of filing of the case :07.06.2022
Date of Disposal of the case : 21.07.2023
Final Order / Judgment dtd.21.07.2023
Complainant above named filed this complaint u/s 35 of the Consumer Protection Act, 2019 against the aforesaid opposite parties praying for direction to shift the existing high tension line from the land of the complainant for which he paid Rs.45,084/-, compensation amounting to Rs.5,00,000/- and cost of the case amounting to Rs.50,000/-.
He alleged that OP No.1-4 drew 11 K.V. electric overhead line through the property of the complainant. Complainant apprehending accident due to extension of branch of trees. He gave a prayer to the OPs to shift the line from his land. On 27.07.2018 they asked the complainant to deposit a sum of Rs.45083.64 and complainant deposited the same on 01.10.2018 at Debogram Customer Care Centre. But since then OPs did not take any affirmative steps for shifting the aforesaid electrical line. Complainant gave several complaints to the OPs. On 02.11.2021 Secretary & Manager (HR&A), Regional Grievance Redressal Forum vide his notice dated 02.12.2021 asked the complainant to produce all relevant documents on 10.12.2021. Complainant appeared before him and produced all the relevant documents including the money receipt. He assured that aforesaid line will be shifted within 45 days but no positive action has been taken till date. Hence the complainant filed this case.
Case is running ex-parte against OP NO.1-2 & 4 vide order dated 11.10.2022.
OP NO.3 contests the case by filing a W/V. He denied the entire allegations which mentioned in the petition of complaint. He further stated that it is fact that complainant had submitted an application for shifting of 11KV line which has passed through directly over his garden plot of complainant. In response to the said application one quotation was served to him amounting to Rs.45083.64. Complainant deposited the quotation amount on 01.10.2018. RGRO passed an order on 22.09.2022 stating that since the consumer has paid the quotation amount, so the work may be executed within a fortnight and all departmental formalities may be completed on urgent basis pro-actively by the
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DM, Nakashipara Division and DM ,Tehatta Division. After receipt of the said order opposite party No.3 has already started the shifting work and it will be completed within the stipulated period. He prays for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. OP No.3 submitted questionnaire and complainant gave answer.
Documents
Complainant produced the following documents viz :
- Money Receipt in respect of deposited of Rs.45084/- dated 01.10.2018........(One sheet)..........(Original)
- Quotation issued by OPs dated 26.07.2018..........(One sheet)..........(Xerox)
- Application of complainant addressed to Station Manager, Debogram CCC dated 05.07.2018........(One sheet)..........(Xerox with receiving endorsement)
- Application of complainant addressed to Divisional Manager Nakashipara Division WBSEDCL........(One sheet).........(Xerox with receiving endorsement)
- Application of complainant addressed to Regional Manager, Regional Office Krishnagar dated 27.07.2020..........(One sheet)..........(Xerox with receiving endorsement)
- Application of complainant addressed to RGRO dated 05.11.2020..........(One sheet).........(Xerox with receiving endorsement)
- Application of complainant addressed to Electric office, Regional Office dated 20.03.2021..........(One sheet)........(Xerox with receiving endorsement)
- Application of complainant addressed to Divisional Manager, Tehatta Division, WBSEDCL dated 18.11.2014..........(One sheet)............(Xerox with receiving endorsement)
- Application of complainant addressed to Divisional Manager.........(One sheet)..........(Xerox with receiving endorsement)
10)Notice issued by Secretary and Manager (HR&A) dated 02.12.2021.........(One sheet).........(Original)
11)Letter dated 27.09.2022 issued by Mr. T. Biswas, RGRO Nadia Region addressed to complainant ............(One sheet)..........(Original)
12)Order Sheet passed by T Biswas, RGRO dated 22.09.2022...........(One sheet)..........(Original)
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Brief Notes of Argument
Complainant filed BNA. OP No.3 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, affidavit in chief filed by the complainant, documents filed by the complainant, BNA filed by the complainant and BNA filed by the OPNO.3. We have carefully considered these documents.
On perusal of affidavit in chief filed by the complainant, we find that complainant corroborated the allegation which he made in the petition of complaint.
On perusal of the said document, we find that one electrical line has passed over his land and he approached before the OPs for shifting of the said electrical line. OPs claimed the sum of Rs.45.083.64 for the said purpose and complainant agreed to pay the same and deposited Rs.45084/- before the OP No.3 on 01.10.2018.
On perusal of application of complainant dated 05.07.2019, quotation issued by OPs dated 26.07.2018 and original money receipt dated 01.10.2018, it is clear before us that complainant has successfully proved the said fact.
It is clear before us that complainant deposited Rs.45084/- before the OPs on 01.10.2018.
It is the further allegation of the complainant that in spite of several correspondence to the Ops, they did not take any steps for shifting of the said electrical line.
On perusal of applications of the complainant dated 18.03.2020, 27.07.2020 and 05.11.2020 we find that in spite of several requests from the side of the complainant OPs did not take any steps for shifting of the aforesaid electrical line.
On perusal of letter issued by Secretary and Manager (HRA&A) dated 02.12.2021, we find that complainant was asked to appear before him on 10.12.2021 at 2:00 p.m.
On perusal of draft order dated 22.09.2022 issued by T. Biswas RGRO, we find that we passed the said order which reads as order:-
“Since Consumer has paid the quotation amount in favour, work may be executed within a fortnight, and all departmental formalities may be completed on urgent
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basis pro-actively by the DM, Nakashipara Division and the DM, Tehatta Division.
Views pertaining to this draft settlement order may be submitted by both parties to this end within 21st days from the date of issuance of this order. In case no communication is received within the stipulated time presumed, that the Forum shall be free to pass reasoned order without conducting any further hearing.”
On perusal of record, we find that OPs not yet complied the said direction till date.
During hearing Ld. Adv. for the OP NO.3 failed to assign any proper reason as to why they did not comply the said order. Even he failed to assign any proper reason as to why they did not shift the electrical line from the land of complainant till date.
During hearing Ld. Adv. for the OP No.3 argued that OP NO.3 is unable to install the electrical poll and providing the connection due to heavily headwall in between the family members of the complainant. But OP NO.3 failed to produce any document in support of the said argument.
So, it is clear before us that such type of argument remains a story.
On careful perusal of record, we find that complainant is a consumer and OP NO.1-4 are service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance against the OPs and he is entitled to order as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against OP No.3 and allowed ex-parte against OP NO.1-2 &4 with cost of Rs.5,000/- (Rupees five thousand) to be paid by OP NO.1-4 in favour of the complainant.
OP NO.1-4 jointly or severally are directed to shift the aforesaid electrical line from the land of the complainant within 45 days from this date failing which OP NO.1-4 shall pay Rs.1,000/- per day as compensation till actual date of shifting the aforesaid electrical line.
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OP NO.1-4 are further directed to pay compensation amounting to Rs.25,000/-(Rupees twenty five thousand) in favour of the complainant for his harassment, mental pain and agony within 45 days from this date.
OP No.1-4 jointly or severally are directed to comply the aforesaid order within 45 days from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
