Date of filing :11.1.2018
Judgment : Dt.14.3.2019
Mrs. Balaka Chatterjee, Hon’ble Member
This petition of complaint is filed under section 12 of C.P.Act, 1986 by Shyamal Sardar alleging deficiency in service and unfair trade practice on the part of the opposite party (referred as OP hereinafter) District Engineer, CESC.
Case of the Complainant, in brief, is that the Complainant being the owner of a flat on the ground floor of a building at premises No.9/29, Chitta Ranjan Colony, P.S.-Jadavpur, applied for new electricity connection to the said flat on 25.10.2017 and the OP carried out inspection on said premises on 31.10.2017 but did not take any initiative to install supply line and the Complainant on several occasions visited the said office along with relevant documents to substantiate his ownership in respect of the flat but the OP pay no heed to materialize the prayer made by the Complainant. The complainant, therefore, sent legal notice dt.13.12.2017 to the OP asking the OP to supply electricity positively within a fortnight and the said letter was received by the OP but no fruitful result had been yielded and, therefore, the Complainant by filing the instant complaint prayed for direction upon the OP to supply electricity to the flat of the Complainant, to pay Rs.50,000/- towards compensation and Rs.30,000/- towards cost of litigation along with interest @ 2% per month.
The Complainant annexed copy of Deed of Conveyance dt.14.10.2015, Order dt.30.9.2015 passed by DCDRF, South 24-Parganas in EA/80/2015, copy of Enquiry for new connection, letter dt.2.11.2017, issued by District Engineer to the Complainant legal notice dt.13.12.2017 issued on behalf of the Complainant.
The OP contested the case by filing written version stating inter alia, that on prayer dt.25.10.2017 made by the Complainant, the OP went to the said premises for conducting inspection on 31.10.2017 but due to strong objection raised by the promoter and other flat owners and for not providing access to the existing meter room inspection could not be carried out and in this respect the Complainant was asked to file necessary documents to substantiate his ownership in respect of the flat but the documents still to be filed.
The OP has further stated that an objection letter issued by Ld. Advocate S.S Choudhury on behalf of one Babita Ghosh and Krishna Ghosh was received by the OP on 16.11.2017.
It is stated by the OP that as per regulation No.3 & 3.2 of Regulation 2010 “Clearance required for new connection and after compliance of all formalities the OP will supply electricity to the intending consumer.
It is further stated by the OP that ‘if the applicant is landlord/legal occupier of the said building the OP is duty bound to provide electric supply to the existing meter board position at the said premises’ and after compliance of necessary formalities if the Complainant arrange for free access to the meter board by himself or the help of police personnel the new meter would be installed and accordingly prays for dismissal of this case.
The Complainant by filing a petition prayed for treating the petition of complaint as evidence. Prayer was allowed but the OP did not cross examine the Complainant by putting questionnaire.
The OP adduced evidence in respect of which questionnaire was filed on behalf of the Complainant but the OP by filing a petition submitted that affidavit in reply is not necessary in this case and did not file the same.
In course of argument Ld. Advocate for the Complainant submitted that a direction may be passed by this Forum to the local P.S. to render help at the time of installation of the meter.
Ld. Advocate for the OP has submitted that if such direction is given by this Forum meter will be installed and new electricity connection will be given.
Points for determination
- Whether there is deficiency in providing service?
- Whether the Complainant is entitled to the relief as prayed for?
Decision with reasons
Point Nos.1 & 2
Both the points are taken up together for comprehensive discussion and decision.
Admittedly, the Complainant applied for installation of new electric meter for getting electric supply through the said meter.
Admittedly the OP conducted an incomplete inspection on 31.10.2017. The OP has claimed that the promoter and other flat owners raised strong objection and put obstruction from entering into the existing meter room.
It is further claimed by the OP that on 16.11.2017, an Advocate’s letter was received by him on behalf of one Babita Ghosh and Krishna Ghosh raising objection towards installation of new meter.
Though this issue has been raised by the OP but in support of such contention no document has been filed by OP. Had the OP filed the copy of the said letter before us it would have been clear therefrom why such objection has been raised by them.
The OP has further claimed that vide letter dt.2.11.2017 the OP asked the Complainant to file a copy of certified site plan, Deeds/Partition Deed Municipal Tax Receipt, ownership documents which have not been filed yet. It is not clear why the opposite party asked for site plan or Municipal Tax receipt. In case of providing new electricity supply line, the status of the prospective customer is required to be made clear but copy of site plan or Municipal tax receipt has no bearing with installation of New Meter.
However, in course of argument, Ld. Advocate for the OP made it clear that the OP was agreeable to install the same.
It is also evident from the Deed of Conveyance dt.14.10.2015 that the Complainant is absolute owner of the flat in question and, therefore, is entitled to get new electric connection in his favour after complying all the necessary formalities.
Considering the situation we are of opinion that if a direction is given to the OP to install the same, justice would be done.
Regarding compensation and litigation cost we do not find any ground to allow such prayer.
Point Nos.1& 2 are decided accordingly.
In the result, the Consumer Complainant succeeds in part.
Hence,
ordered
That CC/15/2018 is allowed on contest but without any cost.
The OP is directed to install new electric meter at the premises No.4/29, Chitta Ranjan Colony, P.S.-Jadvpur in favour of the Complainant within one month from the date of compliance of all the necessary legal formalities by the complainant.
