West Bengal

Bankura

CC/53/2019

Sri Moysur Mondal - Complainant(s)

Versus

Station Manager, Bishnupur Group Electricity Supply WBSEDCL - Opp.Party(s)

Self

31 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 53/2019

          Date of Filing: 22/11/2019

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant: Ld. Advocate Mahiuddin Ahmed

For the O.P. : Ld. Advocate Jayanta Chowdhury

 

Complainant  

Sri Moysur Mondal, S/o Abdul Kalam Mondal, Resident of vill. – Kharidoba, P.O. – Jiabandi, P.S. – Bishnupur, District Bankura, West Bengal, Pin - 722164

Opposite Party

Station Manager, Bishnupur Group Electricity Supply WBSEDCL, P.O. & P.S. – Bishnupur, Dist. Bankura, West Bengal, Pin - 722122

 

 FINAL ORDER / JUDGEMENT              

                                                                                                                                             

Order No.29

Dated:31/08/2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he applied for electric connection to his submersible pump for irrigation purpose and duly deposited Earnest money of Rs.200/- under proper receipt and also Quotation money of Rs.7,699/- under Receipt dated: 20/08/2018 but the O.P. failed to give the connection as applied for in spite of several reminders and persuasions. The Complainant has therefore approached this Commission for appropriate relief.

The O.P. contested the case by filing a written version contending inter alia that they have no mal-intention to give the connection to the Complainant but in course of enquiry it was  detected that an F.I.R. has been lodged at Bishnupur P.S. case No. being 123/2018, dt.22/06/2018 against one Atikul Mondal who is the brother of the present Complainant over the allegation of unauthorized consumption and enjoyment of electricity by the present Complainant through the submersible pump connection of said Atikul Mondal and the final assessment bill which was sent to said Atikul Mondal has not yet been paid and as such as per WBSERC Clause-13.9 the O.P. cannot comply with the prayer of the Complainant as there is nexus between Atikul Mondal and the present Complainant to the  un-authorized consumption of electricity.                                                                                                                                                                                                  

                                                                                                                                                                                Contd……p/2

                                                                                                        Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents produced from both sides the Commission finds that admittedly the electric connection to the submersible pump of the Complainant is installed in the vicinity of the land where the submersible connection of his own brother Atikul Mondal is alleged to exist but for non-payment of outstanding dues due to theft of electricity said connection now stands disconnected. Alleged F.I.R. could not be produced at the time of hearing wherefrom it could be ascertained that the present Complainant is also a beneficiary of the said disconnected submersible pump connection of Aatikul Mondal.

Unless the present Complainant is an abettor to the commission of offence of theft of electricity to the adjacent submersible pump connection belonging to his brother Atikul Mondal the present Complainant cannot be said to be a beneficiary or having any nexus between themselves regarding theft of electricity and as such the O.P. cannot deny the electric connection to the submersible pump of the Complainant as applied for.

The case therefore succeeds.

Hence it is ordered……..

That the case be and the same is allowed on contest but without cost.

The O.P. is directed to give electric connection to the submersible pump of the Complainant within a month from this date subject to fulfillment and observance of all legal formalities in default the law will take its own course.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                _________________           _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER        HON’BLE MEMBER