District Consumer Forum, Muzaffarpur
Complain Case No. – 75/2015
- Anil Kumar Sharma, Aged 52 Years S/o – Sri Tara Prasad Thakur, R/o Road No. 4 Mohalla– Babanbigha, Kanhauli Bishundutt, Ward No. 47, Holding No. 538/A, P.O.-Ramna, P.S.-Mithanpura, District – Muzaffarpur,....…….….……….Complainants
V/s
- Executive Engineer Essel Vidyut Vitaran, (Muz.) Pvt. Ltd. Maripur, Muzaffarpur.
- Commercial Head Essel Vidyut Vitaran Pvt. Ltd. Panday Motors Gobarsahi Road, Muzaffarpur ………………….…………Opposite Party.
Date of order- 10-02-2016
Present.
- Shri Govind Prasad Singh
President,
Consumer Forum Muzaffarpur
- Smt. Archana Singh
Member
Consumer Forum Muzaffarpur
For Complainants- Sri Amar Nath, Advocate.
For Opposite party- Legal Adviser, Essel Vidyut Vitaran, Advocate.
Order
The complainant has filed this case on 18-04-2015 for new electric domestic connection with claim of Rs. 50,000/- as mental physical harassment and Rs. 10,000/- as litigation cost.
The case of complainant appears from the complaint petition supported with an affidavit, that he has his ancestral house in mohalla Babanbigha, Kanhauli Bishundutt Nagar, ward no. 47., holding no. 538-A and living with his family members. There is electric domestic connection in the name of his father Tara Pd. Thakur bearing consumer no. ME20938 and the consumption of electricity amount is regularly paying by him through his elder son. Now he got acknowledged that his younger brother Sunil Kumar Sharma has taken separate domestic electric connection in the said premises by getting the change of name of his father from the previous same connection exhisting in the name of his father as such he is feeling inconvience and wants fresh connection for which he contacted the O.P. to give him separate connection in his name for which he has requested so many times. The O.P. has given assurance but avoided to consider his request. He has further submitted that there is no due of consumption of electricity in the said premises and he has filed the Xerox copy of payment receipt as such the O.P. has disobeyed the provision of section 2 D of consumer protection act. Accordingly he has prayed to direct the O.P. to give him separate connection in his premises and prayed as above.
The complainant has filed the Xerox copy of electricity bill & its payment receipts, letter dt. 15-04-2015 send by complainant to the O.P. for not change of electric connection exhist in the premises in the name of his father bearing no. ME20938 on the ground of family arrangemen paper and partition suit no. 1340/14 pending before the court Muzaffarpur and medical certificate of mental illness of his mother. In which he has prayed the O.P. to maintain the name of his father in domestic electric connection and do not change till disposal of partition sut no. 1340/14, further he has filed the Xerox copy of letters dt. 12-01-2015, 17-01-2015 for not disconnection of the said connection, punchnama, dt. 25-10-2009 order dt. 29-07-2011 passed in partition suit 459/09 by which the case was dismissed as withdrawn copy of plaint of partition suit no. 1340/14. He has further filed the Xerox copy of application of new connection dt. 23-06-2015 with application form submitted before O.P.
The complainant has further filed separate interim petition with a prayer to not disconnect and maintain the electric connection till disposal of the case. The petition is supported with an affidavit. The complainant has filed further petition supported with affidavit dt. 07-07-2015 with prayer to direct the O.P. to give him separate connection as he has applied for new connection.
In this case O.P. appeared on 07-07-2015 but has not filed any w.s. At the time of hearing of this case he was present and heard both sides at length.
Considering the facts, circumstances, materials available with record as well as allegation of complaint it appears to say when the O.P. appeared and has not filed w.s. as such in our believe the O.P. is ready to give him new connection and he has no any fact material to disbelieve the allegation of complainant. We feel it necessary to mention here that the electricity is an essential commodities of human being and every person is entitled to get it on proper requirements by the electricity department. Admittedly the complainant has applied for new connection in the premises mention in his complaint petition certainly it must be considered as per demand of natural justice. It is also relevant to say that when the O.P. has given the separate connection to the own brother of the complainant in the said premises which has not been denied by O.P.. As such how and in what circumstances the O.P is not accepting the request of installation of new connection to the complainant. The O.P. has not given any specific condition of refusal. As such we are of the opinion that complainant is entitled to get new connection in the said premises in his name by fulfilling the required condition.
As such accordingly the O.P. is directed to give new connection to complainant after fulfilling the required condition under the acknowledge to this forum within one month of this order. The complainant is not entitled for any mental physical harassment & litigation cost.
Member President
