Final order/Judgment

This appeal under section 15 of the Consumer Protection Act, 1986 against the final order of Ld. D.C.D.R.F., Dakshin Dinajpur in reference to CC no. 41 of 2018 dated 29/4/2018. The appeal case is in nutshell is that the respondent of this appeal Sri. Uday Singha Roy lodged a Consumer Complaint before the Ld. D.C.D.R.F., Dakshin Dinajpur bearing CC no. 41 of 2018 to the effect that he submitted an application for new electric connection in his residence at village Uttakhapur under Police Station, Balurghat on 7/3/2017 and on that day a quotation issued in his favour by the Electric Authority asking to deposit rupees 948 for the new connection. The utmost necessity of such new electric connection with a view to electric illuminations of Bashanti Puja which was scheduled to be held at his residence on 2/4/2017 and to secure this electricity line, he deposited security deposit rupees 548 on 9/3/2017 and on very date he deposited another rupees 400 for the purpose of service connection charge and he was allotted the Consumer ID no. 401873948. The further case of the complainant was that in spite of submitting quotation and making payment of the quotation  money. The electric authority did not provide him the new electric connection and did not pay any heed to the repeated verbal request of the complainant. The complainant was compelled to arrange the generator facility at his own cost for the Bashanti puja for which he was urgently requested to the electric authority to install line at his residence prior to Bashanti Puja. Thereafter the complainant for repeated occasions, visited electricity office, requested them to immediate install electricity at his residence. But all his efforts fall in deaf ear.  At last, the complainant was compelled to file the Consumer Complaint before the Ld. Forum. The electric Authority as OP No 1 of that case had contested the case after obtaining of the notice  filed the Written version, contended inter alia that after receiving the quotation amount the official of electricity office visited the premises of the complainant and found the wiring was incomplete and intimated the same vide a letter dated 11/3/2017 and requested him to submit written information before the electric Authority about the completion of electrical wiring. But the complainant did not furnish any written letter showing that the very electric wiring was completed.

The further case of the electricity Authority is that the Lt. line infrastructure was very poor in the locality of the residence of the complainant and his house was situated more than 30 meters away from the last poll of the electricity office. So, there was a great difficulty for install the electric line in the residence of OP and to overcome this difficulty some time was required and it was intimated to the complainant vide letter dated10/10/2017 .The further case of the electric Authority is that after completion of proper structure, the electricity has already installed in the residence of the complainant and for that reason the complainant is not entitled to get any relief under the provisions of Consumer Protection Act, 1986.

The Ld. DCDRF, Dakshin Dinajpur after recording evidence and after hearing the arguments of both sides has delivered the impugned order and asked the appellant/OP to pay rupees 20,000 as compensation to the complainant for harassment and mental agony and rupees 5000 as litigation cost. Being aggrieved with this order, this appeal follows on the ground that Ld. Forum has committed  serious illegality which is not vested to the Forum in law and has committed a breach to the rules of natural justice. The respondent of this appeal after receiving the notice of this case has contested this appeal case by appointing a Ld. Advocate to conduct his case on behalf of the respondent. The appeal was heard in presence of Ld. Advocate of both sides.

Decision with reasons

Admitted position is that the respondent had submitted an application for new electric connection at his village residence on 7/3/2017 and on that very date a quotation was handed over to him, with a direction upon the respondent to make a deposit of rupees 948 for the new election connection. The complainant/respondent has deposited the quotation money rupees 948 on 9/3/2017. The appellant has taken a defence that after visit to the residence of the respondent, the officials of electric department found that electric wiring was not completed in the residence of the respondent and the Lt. infrastructure was not ready for installing a new electric connection in his residence and it was intimated to the respondent by the electric authority. At the time of hearing the appeal, Ld. Advocate of the appellant mentioned before the Commission that it was well intimated to the respondent after procuring the quotation money from the respondent that the infrastructure facility was not available in the locality for any new electric connection and the wiring process was not till the date of inspection completed. A letter dated 11/3/2017 (Annexure F) has shown on the part of the electric authority that “wiring incompletes” was intimated to the complainant/respondent but no supportive document is there on the part of the appellant to prove that actually this letter was despatched and had received by the respondent in due time. It is argued on the part of the respondent that the electric authority to save their skin has manufactured this document (Annexure F) which is blatant lie on the part of the electric authority. Ld. Advocate of the respondent further argued that receiving the notice of the consumer complaint, they have manufactured this document( Annexure F) and a Blue Card showing that the meter was installed in the residence of the respondent on 25/3/2018 whereas the Yellow Card supplied to the respondent by the Electric Authority shows that the meter reading Yellow Card was installed in the residence of the respondent on 16/4/2018 and on that very date, the electric connection was installed in the residence of the respondent which speaks that after the consumer complaint the electric authority has installed the electricity. The argument of the respondent regarding this Yellow Card is substantiated with the electric Bill dated 16/5/2018 for the billing period between 16/4/2018 and 16/5/2018. Ld. Advocate of the appellant at the time of argument on his part further submitted that in the locality where the respondent wanted to install electric line had no Lt infrastructure facility as because the last electric poll was erected about more then 30 meters away from the residence of the respondent and for that reason the electric Authority had erected new poll for instalment of electric line in the residence of the respondent and for that reason some delay was there and ultimately the process of installing electrification in the residence of respondent was completed on 25/3/2018. This argument on the part of the electric authority is not acceptable one as because when the electrical authority had issued the quotation they were well aware about the physical condition of the locality regarding the Lt infrastructure facility and a new case has been brought on the part of the appellant company that lt. infrastructure facility was not available there at the time of issuing quotation. We know very well that when one tentative Consumer comes to the electric Authority for installation of new connection at first the electric authority has to visit the spot to detect about the feasibility of installing the electric line there and thereafter the quotation are being issued. Therefore a lackadaisical approach on the part of the appellant is clearly detected in this case regarding the installation of electric line in due time to the residence of the respondent in spite of the fact that they have received the quotation money from the complainant/respondent on 9/3/2017. The complainant had an intention to illuminate his residence with electricity in the eve of Bashanti Puja and he had to perform the said  Bashanti Puja without any illumination by direct electric line. He was frustrated for the apathetical attitude on the part of the electric authority and Ld. Forum could not disbelief the miserable story of the complainant/respondent at the time of final disposal of the consumer complaint and Ld. Forum has correctly opined that there was deficiency in service and  negligence on the part of the electric authority and for that reason the complainant/respondent was compensated by awarding rupees 20,000 as compensation and rupees 5000 litigation cost which is found not excessive and harsh one. Therefore the appellant has no merit in its case and liable to be dismissed.

Hence it is,

Ordered.,

That the appeal be and the same, is hereby dismissed on contest without any cost. The order of  Ld. D.C.D.R.F., Dakshin Dinajpur, in CC No. 41/2018 dated 29/6/2018 is hereby confirmed.

Let a copy of this order be supplied to the parties free of cost.

Any interim order of stay in connection with this appeal is hereby recalled.

Let a copy of this order be communicated to the D.C.D.R.F., Dakshin Dinajpur by e-mail.