This case has been filed by Nikhileswar Das, S/o Late Parameshwar Das of Vill. Krishnapally, Gour Bandh Road, English Bazar, Malda U/S. 12 of the Consumer Protection Act, 1986 praying for return of money of Rs. 6177/- along with compensation of Rs. 30000/- for harassment and mental agony along with cost of litigation
The petitioner filed this case stating that this Forum passed an order dt. 20.06.2014 by Order No. 19 in Malda D.F.C. Case No. 92/2013 in which a direction was given to the Electricity Board to provide electric connection in the name of Subinoy Das who is residing in the first floor of the premises and the petitioner gifted the property to that person. The direction was also given to Electricity Board that after observing all the formalities Electricity Board must given connection to the petitioner is now Subinoy Das or the name of his wife Pampa Das
The further case of the petitioner is that a sum of Rs. 6177/- was taken by the Electricity Board in spite of the order passed by the Forum in D.F.C. Case No. 92/2013. So he filed this case in this Forum.
The Electricity Board appeared and file written statement that this petitioner has electric connection in his name since a long time and thereafter this petitioner gifted his property by registered instrument and this petitioner did not make up the arrear bill of Rs. 7153/-. They denied all these allegations as labeled by this petitioner in this case. They give connection as per direction of the Forum in D.F.C. Case 92/2013. After complying all the provisions of the Electric Department and as per direction of the Forum.
On the basis of the respective case only one issues is framed:-
- Whether the O.P. Respondent did not comply the order of the Forum?
- Is there any deficiency in service on part of the O.Ps?
::DECISION WITH REASONS::
Issue Nos. 1 and 2
From the very order in Case No. 92/2013 it reveals that the Forum directed this Respondent to give connection to Subinoy Das who is none but one of the son of the petitioner of this case within 30 days from the date of the order (after communication of the order), in the first floor after observing all the formalities………..
From the very facts it reveals that the petitioner has electric connection in the said premises and he thereafter gifted his proper to his sons and from the very document and recitals it reveals that the petitioner issued one cheque of Rs.7153/- for the electric consumption from June, 2006 to April, 2008 and the meter stands in the name of the wife of the petitioner in the said premises not for the new connection.
It is also reveals from the document filed by the O.P. dt.23.07.2013 that the Electric Department informed him that there is some dues of the electric bill. From the facts it also reveals that after passing of the order the said petitioner of this case deposited money of Rs.6177/- as per the order of the Forum the petitioner deposited Rs. 6177/- on 10.07.2014 for his new connection. The new connection was given in the said premises in the name of Subinoy Kr. Das.
As per the law the Electric Department as per the order of the Forum give connection within 30 days, and as per the order the Electric Department after observing all the formalities i.e. after receiving all the dues i.e. the cheque issued by the previous owner i.e. the petitioner of Rs. 7153/- by cheque dt.26.05.2012.
After going all the relevant documents and papers this Forum finds that there is no deficiency on part of the respondent and they carry out the order of the Forum after observing all the formalities, Thus the petitioner failed to establish his petition.
In the result, the consumer claim case fails.
Court fees, paid on the petition, is correct.
Hence, ordered
that the Consumer Case No. 52/2014 be and the same is hereby dismissed on contest against the O.Ps but in the facts and circumstances of the case without cost.
Let a copy of the order be given to each of the parties free of cost.
