Facts enumerated in the complaint is that complainant is a businessman and applied for electric connection from Ops. Ops issued quotation against his application for connection on 01.11.2017. Out of quotation complainant deposited Rs.976/- and 400/- respectively on 03.11.2017. But Ops are reluctant to provide electricity. Complainant repeatedly knocked the door of OP department but all in vain. Hence he approached before this commission for proper relief in the form of order to the department behind his electricity connection and compensation and litigation cost.

        On the other OP department Electricity Board contested the suit before the Commission in the version that there was a previous connection remained in the name of consumer Sukumar Nandi and both Sukumar Nandi and Sushanta Nandi (compl.) used that meter when about Rs.8125/- was due in payment behind that connection. This OP repeatedly asked to pay that amount to the complainant. Now Sukumar Nandi died but he did not pay that amount. Even this department also asked the complainant to withdraw the quotation amount if that defaulted money behind consumer id no 342068044 is not deposited and no connection will be afforded to him. But this complainant did not pay any heed to it rather file this case which will be dismissed.

        In order to prove the contention under the complaint petition complainant examined himself and filed the documents such as : quotation paper, trade license, tax receipt, payment of quotation/ security deposit receipt, legal notice by the lawyer to the department and application by the complainant for electricity.

         On the other OP department examined DW 1 who was OP no3. He deposited that the complainant factually filed security deposit of Rs.1376/-. But on enquiry they came to know that previously under Consumer id no 34206844 Sukumar Nandi and Sushanta Nandi defaulted to pay Rs.8125/- behind their consumption for that reason until that payment would be made no connection will be given. So there was no unfair trade practice or deficiency of service on their part. These Ops filed no documents as evidence.  

DECISION

        This Commission carefully perused the record and all the evidence both oral and documentary as produced or given by the parties. We find crux of litigation lies to the defaulted payment of Rs 8,125/- behind the consumer id no 34206844 which is admitted by the OP department that the meter was now disconnected by them and that meter was installed at the premises of complainant Sukumar and Sushanta Nandi. This questioned-business-shop against which the connection was asked for by the complainant is attached to the residential premises of Nandi family.

        Now the question is, whether that consumer id no 34206844 was in the name both Sukumar and Sushanta?    But from the board of evidence of both the parties i.e. Affidavits, questionnaires and reply and the documents, we the commission noticed 34206844 was in the name of Sukumar Nandi only not Sushanta Nandi and it was not specifically proved by the department before the court that 34206844 was used by this complainant. Then if so, why complainant Sushanta Nandi would suffer for that? And will not get any connection for business place which is his livelihood only. Not only that this department-OP gave him quotation as per his application and took security deposit. Practically complainant has no fault behind this default of Rs.8,125/- when it was in the name of Sukumar Nandi. In cross examination Pw1 clearly said that 34206844 was in the name of Sukumar Nandi who has the legal heirs and they bound to pay and complainant is another person, none of Sukumar Nandi.

        We find Electric department also fail to satisfy this commission that Sushanta Nandi had any type of connection with consumer id no 34206844.

        Accordingly we observe complainant is entitled to get electric connection at his business shop as per complaint petition.

HENCE ORDERED

        That the complaint petition be and same is allowed with a direction to the OPs – Department to give electric connection as per security deposit to the complainant within two months from the date of this order. In default complainant is at liberty to take recourse to section 71 of CP Act and if suppose 72 of CP Act. Complainant also do get litigation cost of Rs.10,000/-. No order for any compensation.

                Let a copy of judgment/final order be supplied to the party at a free of cost.