In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.207 / 2012 .
1) Mandira Saha,
57, Netaji Subhas Road, Kolkata-34. ---------- Complainant
---Versus---
1) M/s. CESC Ltd.
CESC House, Kolkata-1.
2) District Engineer,
M/s. CESC Ltd. South West Regional Office,
P-18, Taratala Road, Kolkatga-88, P.S. Taratala. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 10 Dated 29/01/2013.
The case of the complainant in short is that in the year of 2012 complainant with her husband came to Kolkata and then applied for domestic purpose new connection to the CESC Ltd. o.p. and o.p. direct the complainant to pay earnest money of Rs.200/- and as per claim, complainant paid the same amount to the o.p. and then o.p’s issued new form for domestic purpose new connection.
Complainant stated that complainant is one of the owners of premises no.5, Pathak Para Road, Kolkata-60 and there was no connection / meter in the name of complainant. Thereafter o.p. issued a letter to complainant on 2.3.12 and stated that an inspection will be carried out on 9.3.12 and they inspected the same on that date. O.p. sent a letter to complainant on 9.4.12 and directed the complainant to see Sr. Commercial Executive for reconnection of another meter.
Complainant applied for new connection and the complainant has no meter so, the question of reconnection of another meter is baseless. Complainant refused to accept the proposal of o.p. and requested to give new connection in her name but no action taken by o.p. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant applied for new electric meter for domestic purpose from o.ps. after deposit of Rs.200/- as earnest money and complainant happens to be owner premises no.5, Pathak Para Road, Kolkata-60 and no electric meter is there in the name of complainant. It was settled by o.ps. that an inspection will be carried out on 9.3.12 and inspection was held on that date. Further, o.ps. by a letter dt.9.4.12 directed the complainant to see Senior Commercial Executive for reconnection of another meter, but fact remains that the complainant applied for a new connection which was not given by o.ps. to the complainant.
In view of the above position and on careful scrutiny of the entire materials on record we find that o.ps. had deficiency in this regard being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to install new electric connection installing a new meter in the house of the complainant at premises no.5, Pathak Para Road, Kolkata-60 and are further directed to pay compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
