Date of Filing – 17.05.2016

Date of Hearing – 18.09.2017

            The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of the Opposite Party to assail the Judgement/Final Order dated 30.03.2016 passed by the District Consumer Disputes Redressal Forum, Purba Medinipur at Tamluk (in short, Ld. District Forum) in Consumer Complaint no.102/2015. By the impugned order, the Ld. District Forum allowed the consumer complaint lodged by Respondent Sri Sanat Kumar Mondal @ Rabi Sankar Mondal under  Section 12 of the Act with the direction upon the OP/Appellant to effect service connection to the premises of complainant/respondent within 40 days, to pay compensation of Rs.5,000/- and litigation cost of Rs.2,000/- otherwise the respondent shall have liberty to take recourse to execution proceedings and in that event the appellant shall be liable to fine @ Rs.100/- per diem from date till compliance of the order.

          The Respondent being Complainant lodged the complaint under Section 12 of the Act before the Ld. District Forum asserting that on 11.05.2015 he  applied for new electric connection before West Bengal State Electricity Distribution Company Limited (WBSEDCL) for installation of electricity at his residence at Village – Bachalu, P.S.- Sutahata, Dist- Purba Medinipur for domestic purpose.  On that date OP issued an application received for providing electricity as individual owner for domestic supply for new connection for 500 watt.  The complainant has paid the entire quotation amount of Rs.400/- and service connection charges along with security deposit money of Rs.553/-.  However, despite payment of the same, the OP has not taken any positive steps to supply electricity.  Hence, the respondent lodged the complaint with prayer for several reliefs including a direction to provide new connection of electricity, compensation of Rs.12 lakhs, litigation cost of Rs.5 lakhs and to pay Rs.1,000/- per day till the date of installation of electric service connection.

          The appellant being OP by filing a written version has stated that on 14.08.2015 and on subsequent dates its enlisted agency went to the spot to effect the new service connection but due to incomplete installation it failed to effect the service connection.

          On evaluation of evidence on record, the Ld. District Forum by the impugned order allowed the consumer complaint on contest against the OP /Distribution Licensee with certain directions upon them as indicated above, which prompted the OP/WBSEDCL to prefer this appeal.

          I have scrutinised the materials on record and considered the submission advanced by the Ld. Advocate for the Appellant and Respondent in person.

          Having heard the Ld. Advocates for the respective parties and on going through the materials on record, it would reveal that the Respondent being a resident of Village – Bachalu, P.O. - Dhekua, P.S.- Sutahata, Dist- Purba Medinipur had applied for electric service connection in his dwelling house on 11.05.2015.  In accordance with quotation dated 23.08.2015, the respondent has paid the entire quotation amount of Rs.400/- for payment of service connection charge along with security deposit money of Rs.553/-. 

          Section 43 of the Electricity Act, 2003 is the main provision casting an obligation upon every distribution licensee to give supply of electricity to the premises when the application by the owner or occupier of such premises is made and Sub Section (1) of Section 43 of the said Act enjoins upon the distribution licensee to give such supply of electricity to the owner or occupier of the premises, as the case may be, within one month after receipt of the application requiring such supply. 

          Therefore, in view of the provisions of Section 43 of the Electricity Act, 2003, as an occupier of the property or a part thereof, the complainant has a statutory right to call upon the distribution company (herein WBSEDCL) to give him electricity, and once the requisite application was filed, the distribution company incurred a statutory obligation to give him electricity.

          In that perspective, the Ld. District Forum was quite justified in passing the order impugned.  The appellant/WBSEDCL had no reason to prefer this appeal and as such the appeal being devoid of merit is liable to be dismissed.

          Consequently, the appeal is dismissed on contest.  However, there will be no order as to costs in this appeal.

          The impugned Judgement/Final Order is hereby affirmed.

          The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Purba Medinipur at Tamluk for information.