West Bengal

Paschim Midnapore

CC/144/2013

Sri Apurba Kanti Manna - Complainant(s)

Versus

Asst. Engineer and Station Manager, Customer Care Centre, W.B.S.E.D.C.L. - Opp.Party(s)

29 Aug 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 Complaint case No.144/2013                                                         Date of disposal: 29/08/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

    For the Complainant/Petitioner/Plaintiff : Mr. S.R. Jana,  Advocate.

   For the Defendant/O.P.S.                        : Mr. S.K. Bhattacharjee, Advocate.                                   

          

    Sri Apurba Kanti Manna, S/o – Late  Shyam Sundar Manna, of Jhapetapur, (Near Fire Brigade) 

    P.O. Kharagpur, P.S.- Kharagpur (Town), Dist- Paschim Medinipur…………..Complainant

                                                           Vs.

1. Asst. Engineer and Station Manager, Customer Care Centre, W.B.S.E.D.C.L. Sakti Bhaban, Inda, Kharagpur, Pin-721305.
2. Regional Manager, W.S.E.D.C.L. at Saratpally, P.O. Medinipur, P.S. Kotwali, Dist- Paschim Medinipur, Pin-721101...……………Ops.

                   The case of the complainant Sri Apurba Kanti Manna, in short, is that he applied for new connection of electricity on 18/08/2008 on deposit of 500/- (Five hundred) only with a sketch map.  Provisional quotation of 650/- (Six hundred fifty) only was deposited on 25/06/2009.  Thereafter, on 24/04/2013 he has received a letter for police arrangement from the end of OP.  Accordingly, the complainant requested to the police and thereby Op fixed a date for disposal of request of the complainant in the matter of new connection.  Thereafter, no material progress in the matter has been alleged by the complainant and thereby moved before us for relief as made in the petition.  In this connection, necessary documents as per firisty are filed which are all accepted on admission of the Op.  

           The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action as the complainant himself suppressed the real state of affairs even after knowing that there are so many court cases pending in Civil Court in respect of their joint property.  Even upon the same the OP for several occasions made their best effort to satisfy the complainant by giving electricity.  Thus, no deficiency in service can be made against the Op.        

          Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?

Contd……………..P/2

 

- ( 2 ) -

2. Whether the complainant has any cause of action for presentation of this petition of complaint?
3. Whether the complainant is entitled for getting relief as prayed for.?

Decision with reasons

Issue Nos.1 to 3:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that in spite of observing all necessary formalities on account of new connection, the Op is not trying to do necessary steps.  It is long period has already been elapsed, there is no electricity and as such the complainant has to suffer without remedy.  In view of the bona fide case, the Op should be directed for giving immediate connection of electricity to the premises of the complainant.

        Strong objection raised by the Ld. Advocate by submitting that how the Op would be able to satisfy the complainant specially where civil litigation is pending.  In spite of that, whenever the Op went to the area for laying electricity post for giving connection, there is serious nuisance and objection from the end of close relatives and co-sharers of the complainant preventing the Op.  A bunch of documents together with a letter of objection is produced on the part of the Op which has got no challenge from the end of the complainant.

        Upon careful consideration of the entire case, it appears that the Op received the requisite fees and charges from the complainant and accordingly they adopted suitable measures for giving new connection and the same could not be succeeded due to property dispute amongst the brother and sisters and other relatives of the complainant in the premises where they have been living at.  Moreover, there is no scope in the manner of way leave for giving connection.  If that be so, it amounts a valid ground for not extension of electricity to the complainant possible from the end of the complainant and that does not me to hold the allegation of deficiency as claimed in the case of the complainant.

        Under the facts and circumstances, it is held and decided that there exits no valid cause of action for raising the allegation of deficiency in service against the Op.

        Thus all the issues are disposed of against the complainant.

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dic. & Corrected by me

              

         President                     Member              Member                          President

                                                                                                         District Forum

                                                                                                     Paschim Medinipur.