Gunadhar Jana,

s/o. late Mahendra Jana,

village – Sitalpur, P.O. & P.S. Shyampur,

District – Howrah,

PIN – 711314.-------------------------------------------------------------------- COMPLAINANT.

-          Versus   -

Station Manager,

Ajodhya Group Electric Supply,

Village & P.O.  Ajodhya, P.S. Shyampur,

District – Howrah.-------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case filed by the complainant U/S 12 of the C.P. Act, 1986 as

amended upto date against the O.P. alleging deficiency in service U/S 2(1)(g) of the C.P. Act, 1986 prayed for direction upon the O.P. i.e., WBSEDCL Authority for effecting the new electric service connection at his schedule premises together with compensation and litigation costs as the O.P. in spite of observing the necessary formalities including deposition of service connection charges and security deposition by the complainant, has been deferring the supply of electricity for want of requisite service connection materials including poll/s.

2.                  The O.P. WBSEDCL Authority is contesting the case contending interalia that

the case is not maintainable as well as in facts.  The allegation as made in the petition is false, frivolous and motivated with an intention to harass the O.P. The O.P. admitted that the fact regarding deposition of necessary quotation money against service and security deposit money but due to shortage of materials the O.P. is unable to provide new service connection as per time frame laid down by WBERC.

3.                  Upon pleadings of both parties two  points arose for determination :        

ii)                  Whether there is  deficiency in service on the part of the O.P. WBSEDCL Authority  for effecting new service connection in due time   ? 

iii)                Whether the complainant is entitled to get relief and compensation as prayed for ?

DECISION  WITH   REASONS      :

4.                  Both the points are taken together for consideration. Since the complainant

deposited the quotational money under the head of new service connection and security deposit money to the O.P. WBSEDCL Authority and the authority has the statutory obligation for effecting the service connection in accordance with provision 43 of the  Electricity Act, 2003, as an occupier of the property or a part thereof, the complainant has the statutory right to call upon the distribution company to give him electricity, once the requisite application is filed, the company incurred a statutory obligation to give him electricity in due time simply because the petitioner is a party suffering from electricity. The complainant has also approached R.G.R.O. of the tier – 1 as per WBERC  Guildelines as per record but all  attempts are in vain.

5.                  Reason for delay of effecting new service connection to the complainant

premises as ventilated by the O.P. in his written version is not convincing. Moreover, the O.P. did not submit any cogent evidence in support of the complainant excepting the point “non-availability of pole fittings materials”.

6.                  Therefore, we hold our considered opinion that the O.P. has deficiency in

service by not taking due care for effecting the new service connection to the complainant premises in due time which tantamount gross violation U/S 2(1(g) & 2(1)(o).

7.                   As it is already proved that the O.P. has deficiency in service , therefore,  the

complainant is entitled to get the relief as prayed for.

Both the points are accordingly disposed of.

In the result, the complaint succeeds.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 55  of 2013 ( HDF 55 of 2013 )  be  allowed on contest with a litigation costs of Rs. 2,000/-.

      The O.P. WBSEDCL Authority is hereby directed to effect the new service connection at the complainant schedule premises  within 30 days from the date of this order.  

      The O.P. WBSEDCL Authority is also directed to pay sum of Rs. 5,000/- as compensation against prolonged harassment and mental agony of the complainant.

      The entire amount of Rs. 7,000/- ( Rs. 2,000 + 5,000  ) should be payable within 30 days from the date of this order  i.d. a penal interest of 9% per annum shall be levied on the unpaid amount till realization.

      The complainants are at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                          (    P. K. Chatterjee)

  Member,  C.D.R.F.,Howrah.                                       Member,  C.D.R.F.,Howrah.

     (  Jhumki Saha  )                                                                (  T.K. Bhattacharya  )

 Member, C.D.R.F.,Howrah.                                            President,  C.D.R.F.,Howrah.