Fact of the case of the Complainant in short is that this Complainant  has made application to the O.P. for getting electric supply to operate a Shallow irrigation Pump at his own land situated in Mouza Kusthia under Khatian No.803 Plot no. 111 on 07-11-2015.

Thereafter, as per direction of the O.P. this Complainant deposited Rs.200/- as  Earnest Money on 26-11-2015 and this O.P. did inspection and issued quotation asking this Complainant to deposit Rs.3,800/-  as Service Connection Charge and Rs.3,712/- for energy charge and meter rent, etc. on 30-11-2015.

Thereafter, this Complainant has deposited the full amount as per quotation issued by the O.P. on 14-12-2015 and obtained Money Receipt from O.P.

Thereafter, several requests was made for making electric connection in his Shallow Pump but O.P. declined to give electric connection on the plea that there was outstanding dues of Complainant by issuing letter dated 28-03-2016.  This Complainant applied for new electric connection.  So, there is no question of outstanding dues from Complainant as alleged by the O.P.  So, this Complainant has filed this complaint and prayed for making direction upon the O.P. to give new electric connection and also to pay Rs.50,000/- as Compensation for physical and mental agony and harassment and Rs.10,000/- for Cost of Litigation and other reliefs.

   This complaint case is being contested by the O.P. by filing written version denying all allegations has made in the petition of complaint contending inter alia that as per service report this Complainant expressed his intention to get electric connection in place – Y instead of – X which has been mentioned in his application.

It has also been stated in written version that the service connection at place – Y  was disconnected due to huge outstanding dues.  This Complainant has misguided this O.P. to give electric connection.  So, this case should be dismissed.

                                                         Point for determination

1)  Whether the complaint is maintainable ?

2)  Whether there was any deficiency in service on the part of the O.P. as alleged ?

3)  Whether the Complainant is entitled to get any compensation as prayed for ?

4)  Whether the Complainant is entitled to relief as prayed for ?

                                                            Decision with reasons.

Ld. Advocate for the Complainant argued inter alia that this Complainant has deposited entire amount as stated in the quotation for getting electric connection.  There was no outstanding dues but this O.P. has declined to give electric connection without any reasons.

On the other hand Ld. Advocate for the O.P. argued inter alia that the complainant has made pressure upon the O.P. to give electric connection in the place which has not been mentioned in the application for getting electric connection.

Moreover, this Complainant has also made pressure to draw line from the pole which is not permissible under the rules.  As such, this O.P. could not be able to give electric connection due to pressure made by the Complainant.  So, this complaint is liable to be dismissed.

We have carefully heard the submission made by the Ld. Advocate for the both sides.

     Perused the petition of complaint and the written version and the photocopy of the documents.  It is undisputed that this Complainant submitted application for getting electric connection in a plot for operating Shallow Pump.  It is also undisputed that this Complainant has deposited the full amount as per quotation issued by the O.P.   It also reveals from a letter issued to the address (annexure – E) of this Complainant stating inter alia that the case of the Complainant could not be considered for the reasons serial no.8 that there are outstanding dues in the proposed premises.  But no documents have been submitted by the O.P. to show that this complainant had electric connection earlier in the premises for which he applied for getting case electric connection.

Moreover, this fact has been denied.  So, the plea of outstanding dues as taken by the O.P. is not sustainable.

O.P. has taken other plea that this complainant is causing hindrance in giving electric connection by creating pressure to give electric connection in another place instead of the place applied for, so such delay was caused by Complainant.  But this fact has not been denied by the Complainant at the time of argument.  No rejoinder has been filed by Complainant denying this fact by Complainant in this regard.  Anyway it has been proved by the Complainant that Complainant has deposited full amount as per quotation issued by the O.P.  It has been observed by Hon’ble National Commission reported in 2015(1) C.P.R. 57 (N.C.) inter alia that “New Power connection cannot be denied on “Flimsy Ground”.

On 14-12-2015 as it reveals from copy of receipts issued by the O.P. (annexure – D).  so, in view of the above facts & circumstances we are inclined to hold that there is a deficiency  in service in the matter of giving electric connection as per application made by the Complainant.  So, ground raised for declining new electric connection to Complainant is Flimsy Ground One”.  So, in view of above observation of Hon’ble National Commission and the reason stated above complainant is entitled to get his electric connection for operating Shallow Pump in the place / land as stated / mentioned in the application submitted to the O.P. for getting electric connection, as it is a case of deficiency in service.

But we are not inclined to award any amount in respect of other prayer like compensation and Cost of Litigation, etc as we are satisfied that there was contribution on  connection in the question Shallow Pump by causing hindrance in this regard, insisting     upon O.P. to give electric connection in a place which has not been mentioned in  his application.  Moreover, O.P. is Govt. undertaking company.

It has been observed by Hon’ble National Commission reported in 2015(i) C.P.R. 57(N. C.) inter alia that “ It would be appropriate to set aside the direction of depositing Rs.50,000/- with Consumer Welfare Fund because petitioner is also a Govt. under taking.  In view of above facts & circumstances we do not like to award any amount in respect of other prayer like compensation, Litigation cost, etc. in favour of Complainant.

Hence, it is

                                                                                                                Ordered

That the complaint no. 27 of 2016 be and same is hereby allowed in respect of prayer of getting electric connection only; but dismissed in respect of other prayers but without cost.

O.P. is directed to give electric connection to the case Shallow Pump installed at the place / land as mentioned in the application filed by the Complainant for getting case electric connection after being satisfied about its wiring as per rules, by thirty (30) days from the date of getting copy of this Judgement.

O.P. is also given liberty to draw electric wire from the pole to give electric connection to the ca se Shallow Pump according to his convenience / rules.

No amount is awarded in respect of others prayers like cost of litigation, Compensation, etc. as made in the petition of complaint by the Complainant for the reasons as mentioned in the body of Judgement.

Let a plain copy of this Judgement be given to the both sides free of cost.