West Bengal

Purba Midnapur

CC/29/2005

Shri Rabindranath Sahoo - Complainant(s)

Versus

Asstt. Engineer (W.B.S.E. Board) - Opp.Party(s)

24 Feb 2006

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PURBA MEDINIPUR
ABASBARI, P.O. TAMLUK, DIST. PURBA MEDINIPUR,PIN. 721636
TELEFAX. 03228270317
 
Complaint Case No. CC/29/2005
( Date of Filing : 16 May 2005 )
 
1. Shri Rabindranath Sahoo
S/O Late InduBhusan Sahoo, Vill. & P.O.: Sitalpur, P.S.:Nandakumar
Purba Medinipur
West Bengal
...........Complainant(s)
Versus
1. Asstt. Engineer (W.B.S.E. Board)
Nandakumar, Group Electric Supply, Nandakumar
Purba Medinipur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sajal Kanti Jana PRESIDING MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 24 Feb 2006
Final Order / Judgement

This is a case for Electric  connection and compensation.

                The Complainant’s case in short is that he has deposited quotation money amounting to Rs. 785/- on 13.08.2002 vide quotation No. T.C.S.D./2938 Dt. 13.08.2002 for electric connection at his residence but till today the complainant is not getting any connection, so he filed this case.

                The case is contested by the Op by filling a written objection wherein he denied the material allegation of the case. He further that the complainant deposited the quotation money amounting to Rs. 785/- But one Shri Nimai Chand Maity stated that the plot NO. 1318 is a title land of said objection and the  Case No. 36/03 is still pending and the complainant applied for service connection over the plot No. 1318 at Sitalpur Mouza. Under the circumstances, the OP prays for dismissal of the case.

Points for decision

                On the basis of the above pleadings of the parties, the following points are taken up for consideration.

  1. Is the case maintainable?
  2. Is there any deficiency in service on the part of the Op?
  3. Is the complainant entitled to get any relief as prayed for?

Decision

Points No.1-  It is admitted by the OP that the complainant is the consumer, so it can be said that is a pray for relief if there is any illegal acts by the OP. As such the case is maintainable in the present by forum.

2.  It is the case of the OP that one shri Nemai Chand Maity raised objection regarding plot No. 1318 of Sitalpur Mouza where the electric line is to be installed. From the order of the Executive Magistrate dt. 01.08.2005 in M.P. case No. 610/04, we can find that the plot No. 1318 is being used by the petitioner at Barampath. As such, the portion of the plot No. 1318 is being used by the complainant. So there is no bar in getting Elect. Line by the complainant over the plot. Furthermore, we did not find any restrained order by any authority in getting such a elec, line at present. Only the pending of any case is not a bard in giving elec. connection to the complainant. So why the complainant is being deprived of in getting elec. Connection at  house. It is no doubt a deficiency in service on the part of the OP.

3. On the basis of the foregoing discussions and materials on record, we say that the complainant his entitled to get Elec. Connection at his house as well as compensation.

                                                                                                     Ordered

        That the case be and the same is allowed on contest against the OP. The complainant is entitled to have Elec. Connection in the house thought the plot No. 1318 as well as compensation amounting to connection as well as compensation as mentioned above by one month from this date failing which the complainant is entitled to have the same by execution according to law after expiry of the period mentioned above.

 
 
[HON'BLE MR. Sajal Kanti Jana]
PRESIDING MEMBER

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