Judgment On 24.02.2006
Present: Shri B.K. Samanta, President.
Shri S.Paul, Member.
This is a case for Electric connection and compensation.
The complaint’s case in short is that the complainant is residing in Plot No. 2149 at Vill. Kanakpur. He applied for Electric connection which is registered on 15.12.2004. After spot inspection provisional quotation was issued on 24.03.2005. The complainant deposited the quotation money on 08.04.2005. The complainant came to know that co-share of Plot No. 2149 raised objection against installing Elec. Connection over plot No. 2149 on 15.10.2005 the OP(1) by letter asked for way-leave and the complainant deposited the same. Thereafter, the OP stated to have an order from the Court for installing Elec. Connection. Under the circumstances’, the complainant prays for Elec. Connection at his residence and also prayed for compensation amounting to Rs.21,000/-.
The OP contested the case by filing a written statement wherein he denied the allegation and also stated that the case is not maintainable. He further stated that the complainant deposited the quotation money but one Shri Sahadev Mondal raised objection in getting LT line over the plot No. 2143, Thereafter, the OP also stated that neighboring persona of plot No. 2149 raised objection against such elec. Connection. Under the circumstances, the OP prays for dismissal of the case.
Points for decisions
On the basis of the above pleading of the parties the following points are taken up for consideration:
- Is the case maintainable?
- Is there any deficiency in service on the part of the OP?
- Is the complainant entitled any relief as prayed for?
Decisions
Point.- It is admitted by the OP that the complainant is the consumer under him and the instant case for relief against the OP, so the case is maintainable.
Point No.2. It is admitted by the OP that the complainant deposited the quotation money. The complainant applied for Elec. Connection in Plot No. 2149. In fact, the complainant is the co-sharer of plot No. 2149 by purchase. Every co-sharer has right in every inch of land of the plot No. 2149, so the objection case we think that without giving Elec. Connection in house of the complainant in plot No. 2149 is the deficiency in service on the part of the OP. We did not find any subsistence regarding raising objection by the owner of plot No. 2143 which has been mentioned in para- 6 of the written statement. As desired by the OP the way-leave submitted by the complainant connecting plot No. 2149. Thus this point is disposed of accordingly.
Point -3. On the basis of the above pleading of the parties we are of opinion that the complainant is entitled to have Electric connection at this residence in Plot No. 2149 and compensation.
Hence Ordered
That the case be and the same is allowed on contest against the OP. The complainant is entitled to have electric connection at his residence in Plot No.2149 and compensation Rs.5,000/- for such delay and harassment. The OP is directed to pay the same to the complainant by one month from this date failing which the complainant is entitled to have the same by way of execution after expiry of the period mentioned above.
