SMT. CHANDRIMA CHAKRABORTY, MEMBER,
The door of this Forum has been knocked by the Complainant for redressal of the consumer dispute as per the C. P. Act, 1986.
In concise, the fact stated in the complaint, is that, the Complainant had applied for a new domestic connection in his dwelling house being application No. D/16869, dated 31.05.2004 and also had complied with all other formalities in this regard. The Opposite Party Distribution Co. was satisfied to cause inspection of the dwelling house of the Complainant and issued the quotation bearing No. /KGP/18/642, dated 27.05.2004, for new service connection. The Complainant had deposited the Security Deposit amount of Rs. 650/- only and a sum of Rs. 185/- only for service connection charge on 31.05.2004 against the valid receipts.
But after lapse of one month the Opposite Party did not effect any electric connection and thereafter the Complainant repeatedly made contact in the office of the Opposite Party for effecting the service connection but till now the opposite Party did no response. The Opposite Party arranged for a further inspection on 14.03.2018 but did nothing. On the contrary the Opposite Party issued a letter dated 23.03.2018 on some baseless ground and after receipt of said notice the Complainant met with the Officials of the Opposite Party with all necessary papers. On 25.04.2018 the Complainant had sent a further letter to the Opposite Party along with a hand sketch map through registered post which was received by the Opposite Party on 26.04.2018 but the Opposite Party is still not doing anything for execution of the said electric connection which causing great hardship to the Complainant in running day to day life, what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Complainant for which being victimized and harassed the Complainant has to file the instant case seeking adequate redressal against the Opposite Party.
Despite service of the notice, the Opposite Party never appeared before the Forum in person and/or through their authorized representative/Ld. Advocate to contest the case by filing Written Version and thus the instant case has been heard ex-parte against the Opposite Party.
Point for Determination
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the Complainant against the Opposite Party is that, in spite of payment of Security Deposit amount, whether the Opposite Party was/is neglected or deficient to provide the proper services by not providing the electric connection towards the Complainant or not.
On overall evaluation of the argument by the Ld. Advocate of the Complainant and perusing the material documents in record, it is evident that, the Complainant had applied for a new domestic electric connection for his dwelling house, being application No. D/16869, dated 31.05.2004 which is revealed from the photocopies of the documents filed by the Complainant.
The record reveals that the Complainant also had complied with all other formalities in this regard and after being satisfied by inspecting the dwelling house of the Complainant, the Opposite Party Distribution Co. had issued the quotation bearing No. /KGP/18/642, dated 27.05.2004, in favour of the Complainant for new service connection for his dwelling house.
It is manifestly evident from the photocopies of the documents that the Complainant had deposited the Security Deposit amount of Rs. 650/- only and a sum of Rs. 185/- only for service connection charge on 31.05.2004 against the valid receipts towards the Opposite Party.
But the fact remains that after lapse of one month from the date of such deposition the Opposite Party did not effect any electric connection. Thereafter the Complainant repeatedly requested and made contact in the office of the Opposite Party for effecting the service connection but till now the Opposite Party did no response.
The Opposite Party arranged for a further inspection in the dwelling house of the Complainant on 14.03.2018 but did nothing. But on the contrary the Opposite Party issued a letter dated 23.03.2018 on some baseless ground and after receipt of said notice the Complainant met with the Officials of the Opposite Party with all necessary papers.
The record reveals that on 25.04.2018 the Complainant had sent a further letter to the Opposite Party along with a hand sketch map through registered post which was received by the Opposite Party on 26.04.2018 but the Opposite Party is still not doing anything for execution of the said electric connection which causing great hardship to the Complainant in running day to day life whereas the electric connection is a essential part of the every human life.
Moreover, all the allegations made by the Complainant were never challenged by the Opposite Party, even the Opposite Party never appeared to contest the case and therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.
Thus, the unanimous decision of the Forum is that the Opposite Party is strictly liable to provide the electric connection in favour of the dwelling house of the Complainant.
Therefore, in the light of the above analysis that the Complainant has successfully proved his case and is entitled to get relief as prayed for and consequently, the points for determination are decided in affirmative.
In short, the Complainant deserves success.
In the result, we proceed to pass
O R D E R
That the case be and the same is allowed Ex – Parte against the Opposite Party without any cost.
That the Opposite Party is hereby directed to effect the service connection in the premises/dwelling house of the Complainant within one month from the date of this ‘Order’.
There will be no order as to compensation or litigation cost.
Let copy of this judgment be supplied to the parties free of cost.