Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 12-02-2013 passed by the Ld. District Forum, Purba Medinipur in CC/45/2012, whereof the complaint has been allowed.

In short, case of the Complainant is that, he applied for a domestic service connection in the year 2012 and paid necessary charges for the same.  However, the service connection since been not effected for long, the complaint was filed.

The counter case of the OP is that, due to strong resistance put forth by local people, it could not effect the intended service connection.

Decision with reasons

Due notice was served upon the Respondent, but he did not turn up to defend his case.  Therefore, the case was heard ex parte. 

It is claimed by the Appellant that it was ever willing to provide due service connection to the residence of the Respondent.  However, thanks to stubborn resistance of local people, all their sincere attempts in the matter proved futile.

Notwithstanding the Appellant attributed its inability to alleged stiff resistance from local   people, it is inexplicable that the Appellant did not take punitive action against any of the offenders in terms of the Indian Electricity Act. 

It is incumbent upon the Appellant to duly explore the feasibility of providing service connection to an applicant before accepting requisite service charge from prospective consumers.  After receiving service charge, the distribution licensee cannot remain a fence-sitter and pass the entire buck upon the former, particularly when the Indian Electricity Act equips it to take troublemakers head on. 

Thus, the Appellant’s claim of acting bona fide cannot be accepted at its face value.  Since Appellant’s timid approach to put an end to the impasse put the Respondent in great difficulty and compelled him to burn a deep hole in his pocket in pursuing legal proceedings before the Ld. District Forum, not to speak the sufferings he endured in absence of electricity in his dwelling house, the Appellant cannot be left off the hook completely. Having said that, taking due note of the fact that the Appellant has already provided service connection to the Respondent, we are inclined to modify the order as under.

The instant Appeal, thus, succeeds in part.

Hence,

O R D E R E D

The Appeal stands allowed ex parte in part against the Respondent.  Appellant is directed to pay a lump sum amount of Rs. 10,000/- to the Respondent in lieu of fine amount @ Rs. 100/- per diem as ordered within 40 days hence, i.d., the Appellant shall be liable to pay simple interest @ 9% p.a. over the aforesaid sum from this day till full and final payment is made.