31.....31.03.2022....
The complaint is present today. Final order is ready which contains 8 pages. The order copy is sealed in envelop and it is declared in open Commission.
It is
ORDERED
That the complaint case be and the same is hereby allowed on contest against the opposite parties with no cost.
The O.P.N o-1, the WBSEDC Ltd. Champahati is directed to install new electric metre and connection from the nearest pole in the name of Smt. Kakoli Mondal in her premise for the domestic use through the common passage within 30 days from the date of issuing this order.
Opposite added party no 2, Mr. Shyamal Gayen is directed to keep himself away from the installation matter of new electric connection temporarily as the complainant Smt. Kakoli Mondal has already been suffered a lot of mental pain, agony and physical harassment. O.P.2 added party is also directed not to create any further disturbances and obstruction in relation to new electric connection.
The Baruipur Police Station is directed to assist the WBSEDC Ltd. at the time of installation a new electric connection positively for the safety of the staffs of WBSEDC Ltd. and family members of Smt. Kakoli Mondal in the said premise.
The complainant is directed to arrange police personnel, if she thinks fit, at the time of installation of new electric connection in her premise only.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAES
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700144
C.C.NO. 128 of 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
6/8/2019 26/8/2019 31.03.2022
President in charge - : Hon’ble Sri Jagadish Chandra Barman
Member- Hon’ble Smt. Sangita Paul
Complainant- Smt. Kakoli Mondal
Wife of Sri Sankar Mondal
Daughter of late Sonatan Gayen
Vill.-Tamuldaha, P.O.- Nagartala
P.S.- Jibantala
Dist.- 24 Parganas. West Bengal
Versus
Opposite parties- 1) The Station Manager, Asstt. Engineer
Champahati Customer Care Centre
W. B. State Electricity Distribution Comp. Ltd
3113102, Customer Care Centre.
Vill. & p. o.- Champahati,
Police station- Baruipur
Dist. – 24 Parganas south. Pin - 743376
Added O.P.2) Shyamal Gayen
Son of late Sanatan Mondal
Vill. & p.o.- Champahati,
Police Station- Baruipur. Dist. – 24 Parganas south
Name of the advocate of the complainant-Tapas Kr. Das Mondal
Name of the advocate of O.P. no 1- Apurba Kumar Sautya
Name of the advocate of O. P. No. 2-Shambhunath Sardar
FINAL ORDER/ JUDGEMENT
Sri Jagadish Chandra Barman, President -in- Charge
The facts leading to the filing of the instant case by the complainant may be epitomized as follows:
This is a complaint case under Section 12 of the Consumer Protection Act 1986. Sanatan Gayen, son of late Biren Gayen,, village and post-Champahati, P.S.- Baruipur in the dist. 24 Parganas , purchased 26 decimal of land from Kuntibala Sardar on 22/4/1981 in the area vide dag no-1511,R.S.khatian no-88,L.R.Khatian no-4572, J.L. No-24, P. S.- Baruipur, Dist.- 24 Parganas south. Thereafter, he had been living there with all his family members in his house peacefully. He had acquired an electric connection in his house in the name of his son Sri Shyamal Gayen being Consumer ID No- 113110645, meter no -B3525503.
Sanatan Gayen gifted by Registered Deed of Gift no-7081, 17 decimal out of 26 decimals of area in her wife’s name Mrs. Bhaduri Gayen on 4/7/2012 with 6 feet wide common passage for entering and going out from the house. Sanatan Gayen, who died on 15/8/2018, also delivered possession to her wife. Not only that but Mrs. Bhaduri Gayen again transferred the said portion of land to her two daughters namely Mrs. Kakoli Mondal and Mrs. Archana Halder by a registered Deed of Gift on 20/2/2018 and delivered possession thereof.
As per statement, Mrs. Bhaduri Gayen did not pay the electric bill since June 2017 and the electric line was disconnected by the O.P. No-1. After taking possession, the petitioner/complainant had applied for a new connection in her name for her rooms before the O. P. No 1, but the O.P.no-1 did not allow new connection. The O.P.1 informed the complainant by writing a letter on 7/3/2019 that no new connection could be provided due to non-payment of the previous electric bill and told the petitioner to pay the due amount Rs.18,181/- only. Accordingly, the petitioner had paid the due amount of Rs. 18,181=00 only on 2/4/2019 vide receipt no- 128403851676 issued by the West Bengal State Electricity Distribution Company Limited for the existing metre no- B3525503, consumer ID 113110645.The applicant had paid the due amount with a hope that her new connection would be granted.
However, the O.P.no-1, after inspection of the premise as per statement given by the O.P. No-1 in the written version, directed the complainant to deposit Rs. 697=00 only vide quotation dated 31.5.2019 for new electric connection against the application no-1005042519 and the complainant deposited the said amount on 31/5/2019. The O.P. no 1 also issued a receipt vide transaction ID 8399785378 dated 31.5.2019. As per statement given by the O.P.No 1, WBSEDC Ltd. went to install new connection in the complainant’s house but due to strong objection and obstruction raised by the added O.P.No-2 and others, the O.P.No 1 could not do so but returned to Office. As per statement, there should be free access/way leave permission to the WBSEDC Ltd. to the premise of the petitioner at the time of installation of new electric connection.
The opposite added party no 2 stated in the written version that the complainant had acquired 17 decimals of land at the adjacent land of Lalit Mohan Mondal but she, here the complainant, has wanted to instal new electric connection in the tenanted 10 rooms constructed by him and there is no question to get new connection over their land of the opposite party no-2. The opposite party no 2 has also stated in para no-13, that the complainant got the said land from my mother through their Gift Deed and there is no question to get new connection over their said land which they got from their mother fraudulently as there is no room or meter room for taking new connection.”
The WBSEDCL has also clearly stated in the W.V. by saying , WBSEDCL will give supply to the complainant on compliance of all necessary formalities of this opposite party and pay any premises dues (OSD) if any. And or to arrange for free access and or way leave permission and restrain Shyamal Gayen and others from causing obstruction and disturbances at the time of lawfully installation of new service connection in the name of the complainant and direction upon the complainant to arrange police personnel at the time of installing new service connection.”
After finding no alternative, the complainant filed this instant C.C.NO. 128 of 2019 on 6/8/2019 and after perusal of documents, this Ld. Commission had admitted it. The show cause notices were served upon the O.P.No1 satisfactorily.In this case, the complainant prays for the following reliefs: -
- To issue an order upon the Divisional Engineer & Station Manager, Champahati Customer Care Centre to install a new electric connection in the premise of the complainant;
- To pay litigation charge Rs. 30,000 only for her harassment, mental agony etc.
- To issue any other order as the Commission may deem fit and proper.
In the meantime, Mr. Shyamal Gayen appeared before the Ld. Commission on 25/11/2019 and submitted an application to add as opposite party in this instant case. In his prayer Mr. Shyamal Gayen through his ld. Advocate stated that the complainant has no residential house on the land. According to O.P. No-2, this is a dispute between brothers and sisters over the title of the property gifted by her mother Mrs. Bhaduri Gayen in favour of her two daughters namely Mrs. Kakoli Mondal and Mrs. Archana Halder. It is also stated by the O. P. No 2 that there is a pending title suit case no 209 of 2019 filed by Shyamal Gayen, Amal Gayen and Parimal Gayen againstSmt. Kakoli Mondal and Mrs. Archana Halder before the ld. Court of Civil Judge (Jr. Divn.) at Baruipur. Thereafter, the prayer of Mr. Shyamal Gayen was considered and added as opposite party no-2.
All the O. Ps. have filed their separate written version along with annexures as per order of the Ld. Commission. The complainant has filed her evidences in course of time.The complainant has also filed the documents relating to a title suit case no- 655 of 2019 filed by Smt. Kakoli Mondal, Smt. Archana Halder against Shyamal Gayen, Amal Gayen, Parimal Gayen, Smt. Sandhya Gayen, Smt. Bulbul Gayen, Arjun Gayen and Surajit Gayen before the ld. Court of Civil Judge (Jr. Divn.), at Baruipur. Both the opposite parties have filed BNA. Accordingly, final arguments of all parties were heard by the hon’ble bench on 7.2.2022.
Upon the averments of both sides, the following points are formulated:-
POINTS FOR DETERMINATION
1]. Is the complainant a consumer?
2] Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainant?
3] Is the complainant entitled to get relief /relieves as prayed for?
EVIDENCE OF THE COMPLAINANT
The complainant as well as the O.P. No-1 and added O. Party no-2 have filed their respective evidences as per procedure maintains in the Ld. Commission.
DECICIONS WITH REASONS.
Points no. 1, 2, & 3.
The petitioner had paid the due amount of Rs. 18,181=00 only on 2/4/2019 vide receipt no- 128403851676 issued by the West Bengal State Electricity Distribution Company Limited for the existing metre no- B3525503, consumer ID 113110645.The applicant had paid the due amount with a hope that her new connection would be granted.However, the O.P.no-1,after inspection of the premise as per statement given by the O.P. No-1 in the written version, directed the complainant to deposit Rs. 697=00 only vide quotation dated 31.5.2019 for new electric connection against the application no-1005042519 and the complainant deposited the said amount on 31/5/2019. The O.P. no 1 also issued a receipt vide transaction ID 8399785378 dated 31.5. 2019.Therefore, it is crystal clear to us that the complainant is a consumer under Section 2 (d) of the Consumer Protection Act 1986.
In relation to points for determination 2 & 3,”Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainant?” and “ Is the complainant entitled to get relief /relieves as prayed for?”, it is relevant to say that the opposite party no.-1 had sent some staffs to instal the new electric connection in the premise of the petitioner here the complainant. But due to strong objection and obstruction raised by the O.P.No-2 and others, the O.P.No 1 here WBSEDC Ltd. could not install the new electric metre in the premise of Smt. Kakoli Mondal but returned to Office. As per statement, there should be free access/way leave permission to the WBSEDCLtd. to the premise of the petitioner at the time of installation of new electric connection. Hence, it is clear to us that there is no deficiency of service and unfair trade practice occurred on behalf of the O.P. No 1.
The complainant has applied and paid moneywith the hope that she would get the new connection of electricity in her premise mentioned in the Deed of Gift. She had been passing her days in great trouble and mental agony without electricity. Electricity is an essential commodity and this is the reason for her application for new installation of a separate metre and connection in her premise located at vill. & p. o.- Champahati vide dag no-1511,R.S. khatian no-88, L.R. Khatian no-4572, J.L. No-24, P. S. Baruipur, Dist.- 24 Parganas south. It is within the Schedule of Land:-
North- Sali land of Balai Mondal
South- Sali land of late Anantalal
East= land of late Biren Gayen
West -Sali land of late Lalit Mohan.
But the added opposite party no 2 has created obstruction to connect the electricity in her premise unnecessarily, motivatedly, unlawfully. It is pertinent to mention that there are pending two title suit cases- 1] 209 of 2019 filed by Shyamal Gayen, Amal Gayen and Parimal Gayen against Smt. Kakoli Mondal and Mrs. Archana Halder before the ld. Court of Civil Judge (Jr. Divn.) at Baruipur and; no-2 suit title case no.655 filed by Smt. Kakoli Mondal and Mrs. Archana Halder against Shyamal Gayen, Amal Gayen, Parimal Gayen, Smt. Sandhya Gayen, Smt. Bulbul Gayen, Arjun Gayen and Surajit Gayen before the ld. Court of Civil Judge (Jr. Divn.) at Baruipur.
Yet, it is clear to us that the complainant Smt. Kakoli Mondal is entitled to get new electric connection temporarily in her premises without any delay.
Added opposite party Mr. Shyamal Gayen is clearly instructed not to create any obstruction and disturbances at the time of installation by the WBSEDC Ltd. a new electric connection in the said premise through the common passage of 6 feet mentioned in the Deed of Gift of Mrs. Bhadury Gayen. The complainant is also directed to take police forces, if she requires, to assist the WBSEDC Ltd. for the safety purpose and peaceful installation of new electric connection temporarily. The WBSEDC Ltd. is also directed to install new electric metre and connection from the nearest pole in the premise for the domestic use of the complainant through the common passage within 30 days from the date of issuing this order. Opposite added party no 2 is also responsible for lingering this case without any justifiable ground. Hence, Mr. Shyamal Gayen is directed to keep himself away from the installation matter of new electric connection temporarily as the complainant has already suffered a lot mental pain, agony and physical harassment. The Baruipur police station is directed to assist the WBSEDC Ltd. at the time of installation a new electric connection positively for the safety of the staffs of WBSEDC Ltd. and family members of Smt. Kakoli Mondal in the said premise.
In the long run, the complaint case is succeeded.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed on contest against the opposite parties with no cost.
The O.P.N o-1, the WBSEDC Ltd. Champahati is directed to install new electric metre and connection from the nearest pole in the name of Smt. Kakoli Mondal in her premise for the domestic use through the common passage within 30 days from the date of issuing this order.
Opposite added party no 2, Mr. Shyamal Gayen is directed to keep himself away from the installation matter of new electric connection temporarily as the complainant Smt. Kakoli Mondal has already been suffered a lot of mental pain, agony and physical harassment. O.P.2 added party is also directed not to create any further disturbances and obstruction in relation to new electric connection.
The Baruipur Police Station is directed to assist the WBSEDC Ltd. at the time of installation a new electric connection positively for the safety of the staffs of WBSEDC Ltd. and family members of Smt. Kakoli Mondal in the said premise.
The complainant is directed to arrange police personnel, if she thinks fit, at the time of installation of new electric connection in her premise only.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Dictated and Corrected by me.
