S .S Ali, Member

JUDGEMENT

          Briefly stated that the complainant applied for electric service connection before the OP no.3 in his dwelling house as described in the schedule to the complaint under Dag no.-1245, Mouza- Rajarampur, P.S.-Mahishadal, Dist.- Purba Medinipur. He deposited requisite quotation money as per Quotation supplied by aforesaid OP no.3. But the OP no.4 did not release the aforesaid service connection in his dwelling house on the baseless reason that the OP no.1 and 2 gave resistance for such connection when the men of the OP went to the spot and that OP no.4 by his letter dtd. 28.06.2012 expressed their difficulty to release connection and requested to take back the quotation money, hence this case.

          The OP no.1, 2 and 3 did not contest the case inspite of services of notices upon them.

          The OP no.4 contested the case by filing W/V wherein all the material allegations made against him had been denied. It is stated interalia therein that the men of OP no.4 had gone to the spot on 15.10.2011, 27.03.2012 and lastly on 29.03.2012 for effecting new service connection but the same could not be effected due to physical resistance from Op no.1 and 2, for which the OP no.4 asked for fresh way leave from the complainant vide his letter dtd. 28.06.2012, hence, his prayer is for dismissal of the case.

Point for consideration

          Whether the complainant is entitled to any relief as prayed for?

Decision with reason

          We have carefully gone through the photocopies of the documents filed by the parties on record as also the W/N/A filed by the complainant and OP no.4. Considered the submissions of the Ld. Advocates for both sides.

          Admittedly, the complainant deposited Earnest money on 18.07.2011 as also Quotation amount of Rs.461/- on 30.09.2011 for new service connection of electricity in his dwelling house. It is also not disputed that resistance was made from OP no.1 and 2 in the matter of releasing of such service connection in favour of the complainant. The photocopies of Parcha in respect of Khatian no. 1244, Mouza- Rajarampur, P.S.-Mahishadal, Dist.- Purba Medinipur speaks that the land in respect of plot in question (1245) stand in the name of the complainant. The photocopy of Sale Deed dtd. 25.01.2006 registered before Additional District Sub-Registrar, Purba Medinipur, (Book no.1, Vol-84, Page 154-159, Deed no. 2678 for the year 2001) stands in the name of the complainant as purchaser in respect of land appertaining to plot no. 1245 of Mouza- Rajarampur, P.S.-Mahishadal, Dist.- Purba Medinipur.

          The OP no. 1 and 2 did not appear to oppose the contention and prayer of the complainant for release of service connection in his favour in the schedule property. That apart, we do not find any cogent reason caused by OP no. 1 and 2 of such alleged resistance as stated on behalf of OP no.4. Third attempt was made from his (OP no.4) end on 29.03.2012. The delay for any action about three months has not been explained by the OP no.4 by any cogent explanation. In our view such act/inaction on the part of the OP no.4 amounts to deficiency in service. In view of the discussion as made above and having regard to the materials on record we feel that the complainant is entitled to a direction upon OP no.4 for release of new service connection in favour of the complainant in his dwelling house as described in the schedule to the complaint according to the way leave as mentioned in the sketch map attached to the complaint on record.

          The above point is, thus, disposed of in favour of the complainant.

          Hence, it is,

ORDERED

          that the instant complaint case be and the same is allowed on contest in part against the OP no.4 and exparte against OP no. 1, 2 and 3. The OP no.4 is directed to release electric service connection in favour of the complainant’s dwelling house as already applied for with police help, if necessary, within 45 days from the date of communication of this order failing which the complainant will be at liberty to execute the case in accordance with law. In case the OP fails to comply with this order/direction within the stipulated period, he will be liable to pay a fine @ Rs.50/- per diem from this day till compliance of the order.

          Having regard to the facts and circumstances of the case we direct the parties to bear their own cost.

                                                   S.S. Ali                                                A.K. Bhattacharyya

                                                   Member                                               President