Debasis Bhattacharya:- Presiding Member

Brief facts of the case:-The instant Complaint petition originates from the grievances of the present Complainant, claimed to be a consumer of WBSEDCL, arising out of the following issue.   

The Complainant, reportedly on 21.03.2022 at about 11-30 hrs found sparks and flashes coming out of electrical plugs and sockets fixed in his residential place and reason for this according to him was sudden voltage fluctuation which was above the ‘permissible limit’. At this, the Complainant rushed to the ‘spot’ where two persons were ‘fumbling with electrical wires, who pleaded ignorance and innocence’. However, a person ‘seemingly’ supervisor came to the Complainant’s residence and expressed exclamation after detecting a high voltage in the electric line of the residence of the Complainant. The Complainant further alleges that some ‘expert’ in this meantime appeared at the spot and rebuked the workers and gave certain instructions. Finally supply of power in acceptable voltage was restored.

The Complainant claims that on enquiry it came to his knowledge that some ‘unskilled people were outsourced by other parties’. According to the Complainant the entire episode was authored by ‘other parties’.

However, as a result of the said voltage fluctuation certain electrical appliances of the Complainant viz. refrigerator, ceiling fans, inverter and kitchen chimney suffered substantial damages.

The Complainant communicated the issue to the OP thrice which yielded no result. No response from the other end was received by the Complainant.

Considering the service rendered by the OP as utterly negligent in nature, resulting in deficiency in service, the instant case has been filed by the complainant u/s 35(1) of the Consumer Protection Act 2019.

In the concluding part of the Complaint petition, the Complainant approaches to this Commission for imposing direction upon the OP to pay Rs.18,600/- being the replacement cost of refrigerator and repairing charges of fans and inverter, along with interest @14%, Rs.5000/- as compensation for causing mental pain and agony and Rs.1000/- towards ‘cost of the Complaint petition’.

The Complainant has annexed certain related documents viz. photocopies of Tax-invoice cum delivery challan related to purchase of a refrigerator, copies of repairing charges bills and communications made with WBSEDCL.

The evidence on affidavit filed by the Complainant is almost a replica of the Complaint petition.

On perusal of the complaint petition the Commission opines that so far as the definition of ‘Consumer’ as laid down in the Consumer Protection Act 2019 is concerned, the Complainant may be considered as a consumer.

The Complainant and the OP are resident/having their office address within the district of Hooghly and the claim preferred by the complainant does not exceed the amount of Rs.50,00,000/-. Thus this Commission has both territorial as well as pecuniary jurisdiction to proceed in the instant matter.

The questions whether there was any deficiency of service on the opposite party’s part and whether the complainant is entitled to get any relief, being mutually inter-related, are taken together in the following part of this order for convenient discussion.

In spite of proper service of notices both the OPs refrained from making appearance before this forum. Thus the instant case was allowed by this Commission to proceed ex parte against both the OPs.

Decision with reasons:- Materials on records are perused. It is apparent that so far as the content of the complaint petition is concerned, the series of events as depicted in the Complaint petition is ab-initio devoid of material evidences.

The Complainant claims that when there were the sparks and flashes, he rushed to the spot and found two persons ‘fumbling with electrical wires’. But it is nowhere mentioned that where was the actual ‘spot’ and what electrical installation was there. Simply the proposition that ‘two persons were fumbling with electrical wires’ cannot establish negligence on the OP’s part. It could not be substantiated that whether those two persons at all were appointed for certain electrical job by WBSEDCL. It is also apparent from the complaint petition that the complainant was not certain about the credentials of the person ‘seemingly’ supervisor and some ‘expert’ who appeared at the spot.

It is surprising that in spite of such a major electrical failure the Complainant did not lodge an official complaint with the OP electrical distribution Company instantly. No docket no. in this regard is furnished in the complaint petition. The first communication with the OP was made four days after the incident.

The Complainant claims that on enquiry it transpired that the persons at work on that day were unskilled people outsourced by other parties. It is nowhere clarified with corroborating evidences that what type of enquiry was done and on what basis inference was drawn that the persons at work were unskilled people and outsourced by other parties. The questions which automatically arises that, who are those other parties and why those other parties were not made necessary parties in this case.

Besides, it is also questionable that if the unskilled people are outsourced by other parties then how the OP electrical Distribution Company can be blamed for the electrical mishandling by those other parties.

Outsourcing some unskilled people for some electrical job by some other parties indicates at involvement of some miscreants appointed for some misdeeds.

In view of the above this Commission is of the opinion that the complaint petition suffers from absence of material evidences, non-joinder of parties and in the instant case deficiency of service, negligence and irresponsible acts on the OP’s part cannot be established in unequivocal terms.

Hence, it is     

ORDERED

 that the complaint case bearing no.180/2022 be and the same is dismissed  ex parte with no order as to costs.

Let a plain copy of this order be supplied free of cost to the parties or their authorized Advocates/Agents on record, by hand against proper acknowledgement or sent by ordinary post for information and necessary action.

The Final Order will be available in the following website www.confonet.nic.in.