Sri Shyamal Gupta, Member
Present Appeal is directed against the Order dated 22-01-2015, passed by the Ld. District Forum, Burdwan in CC/114/2013, whereof the complaint has been allowed.
Case of the Complainant, in short, is that, thanks to low voltage of electricity and frequent load-shading, all his family members faced lot of inconvenience. Complaint lodged with the OPs in this regard did not yield any positive result. Finding no alternative, he filed the complaint.
Per contra case of the OPs is that, to cater to the need of villagers, a 163 KVA transformer has already been installed by the OPs. Owing to RE Project, electric line in maximum network became single phased line because of which the Complainant might have faced some problem. In any case, work order had already been placed for installation of a 25 KVA transformer to tide over the situation, which would be installed soon and thereafter, the Complainant would see drastic improvement to the existing situation.
Decision with reasons
Notice of this Appeal was duly served upon the Respondent. However, as he did not turn up, the Appeal was heard ex parte.
On going through the impugned order, I find that the Ld. District Forum has passed a well reasoned order. Undisputedly, the Respondent suffered a lot on account of Appellant’s failure to improve the quality of service. As it transpires, the Appellants miserably failed to conform to the bare minimum standard specified in the Electricity Rules, 1956, Regulations of Central Electric Authority and WB Electricity Regulatory Commission.
It appears that the Respondent vigorously courted the attention of the Appellants to get rid of the situation over a prolonged period of time. However, the Appellants did not even bother to respond to any of the missive sent by the Respondent in this regard, let alone redress his grievance.
It is claimed by the Appellants that work order for installation of a 25 KVA transformer had already been placed and the same would be installed very shortly. However, there is no clarity when did the Appellants woken up from their deep slumber.
As a distribution licensee, it was the sacrosanct responsibility of the Appellants to fulfill all their obligations under the Electricity Act which they miserably failed to ensure.
It transpires from the impugned order that an expert was roped in to investigate the allegation of the Respondent, who after thorough inspection reported that there was great lapses on the part of the Appellants.
Therefore, there can be no manner of doubt about the gross deficiency in service on the part of the Appellants. As a service provider, the Appellants are duty bound to ensure that a consumer gets the optimum value of his hard-earned money that he/she pays against the service provided by the service provider.
The Appellants cannot get away simply by stating that steps were being taken to improve the situation. Fact remains that when the Respondent ran from pillar to post to get his grievance redressed, the Appellants did not bother to act upon his complaint. It smacks of clear ‘we don’t care’ attitude of the Appellants. This is highly condemnable.
The Appellants sought to pick hole with the impugned order contending inter alia that the Respondent, by filing a complaint case, cannot champion the cause of scores of people of the locality. Perusal of the petition of complaint reveals that the Respondent primarily ventilated his personal grievance through the subject complaint case. In order to establish the gravity of the situation, he merely pointed out the sufferings of other villagers. The complaint, under any circumstances, cannot be bracketed as a class suit.
The Appellants seemingly took umbrage of the fact that the Ld. District Forum directed them to pay a sum of Rs. 3,000/- and another sum of Rs. 1,000/- as compensation and litigation cost, respectively, to the Respondent. If the sufferings that the Respondent endured for so long is taken into proper perspective, I feel, there can be no manner of doubt that the Ld. District Forum has been very economical in fixing up the quantum of award. Instead of appreciating the lenient view adopted by the Ld. District Forum and accepting it sportingly, the Appellants have moved this Appeal in utter disregard to the true financial impact of pursuing an Appeal which is bereft of any merit at all. This is clear hypocrisy.
In the result, the Appeal fails.
Hence,
O R D E R E D
The Appeal stands dismissed ex parte against the Respondent. The impugned order is hereby affirmed. No order as to costs.