In the District Consumer Disputes Redressal Forum, Murshidabad
Berhampore, Murshidabad.
Case No. C.C/128 /2015
Date of filing: 21/09/2015 Date of Final Order: 22/07/2016
Sushil Barui .
S/O- Late Satish Barui.85, Madhupur Road,
P.O.-Cossimbazar.P.S.- Berhampore Town.
Dist- Murshidabad, PIN-742102.(W.B.) ……………………………... Complainant
- Vs-
Station Manager,
Cossimbazar C.C.C. W.B.S.E.D.C.L
P.O.-Cossimbazar Raj, P.S.- Berhampore.
Dist.- Murshidabad. Pin.-742102. ………….….………… Opposite Party
Mr. Pranab KumarDas. Ld. Adv.………………….……………………………. for the complainant
Mr.Siddhartha Sankar Dhar Ld. Advocate…………………………………….for the Opposite Party.
Present: Hon’ble Member, Samaresh Kumar Mitra.
Hon’ble Member, Pranati Ali.
FINAL ORDER
Samaresh Kumar Mitra, Member.
Brief facts of the complaint is that complainant applied for domestic connection before the OP who after inspection issued quotation of Rs.1003/- and the complainant deposited quotation money amounting to Rs.603/- as security deposit and connection charge amounting to Rs.400/- to this OP. But the OP was reluctant to provide service connection in the premises of this complainant although this complainant several times visited the OP and requested to provide service connection. Getting no alternative this complainant filed the instant complaint before this Forum for deficiency of service of this complainant.
The sole OP appeared by its Ld. Adv and filed written version and denied the allegations as leveled against him and he further assailed that he went to the spot to effect the connection but due to physical resistance of Madhabi Mondal & others this OP was unable to effect such connection. Madhabi Mondal stated that a title suit is pending before the Civil Court and she served an advocate letter in that regard. As the OP could not effectuate the connection due to resistance so he is not deficient in providing service to this complainant.
The complainant filed evidence on affidavit in which he assailed that he complied all the formalities but the OP is reluctant to give the service connection to this complainant. And the petitioner fallen in trouble as because he has no electric connection since long and he became the consumer by depositing quotation money.
The argument as advanced by the parties/agents heard in full.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
- Whether the Complainant ‘Sushil Barui’ is a ‘Consumer’ of the Opposite Party?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
- Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Sushil Barui is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant by depositing the quotation money became the consumer of the OP as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The opposite party being the largest Electric Supply Company throughout the state having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. Programs. So the role of OP Company for the development of the society is unquestionable.
The O.P. herein is the Station Manager of an office of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The O.P. Company is providing power in the rural areas in different projects for a long period. That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffer from paying accumulated units at a higher rate. As a consequence the consumers suffer a lot and make their grievances for remedy.
It appears from the case record that the complainant paid the quotation money as issued by the OP in two heads i.e. security deposit & connection charge on 11.07.2015. Thereafter he visited the OP several times for getting electric connection in his premises but the OP could not effect the connection for a long time. And from the written version of the OP we come to know that the OP could not effect connection in the premises of the complainant as he faced obstruction from the end of Madhabi Mondal & othrs. The protestors also served an advocate letter and stated that a civil suit is pending before the Civil Court. For which the OP could not effectuate the connection so he has no deficiency in service towards the complainant.
After perusing the documents in the record that a civil suit is pending before the Civil Judge, 2nd Court, Berhampore in which the complainant is the defendant No.2 and the agitator Madhabi Mondal is the Plaintiff No.1 and the prayer portion of the plaint clearly depicts that permanent injunction is prayed so that the Plaintiff could not be evicted from the possession of the scheduled mentioned property & the Puja of Radha Gobinda may not be stopped as they are residing for a considerable period and continuing the puja for a long time. There is no order of the civil court as to temporary/ permanent injunction regarding the power connection of this Complainant in the case record. So we may conclude that there is no impediment to provide power connection to this complainant as he is suffering a lot in absence of power for domestic purpose.
So we are in considered opinion to allow the complaint in part so that the OP can connect the power connection of this Complainant as early as possible.
4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant abled to prove his case and the Opposite Party is not liable to pay any compensation for deficiency of service.
-
Hence it is ordered that the complaint be and the same is allowed in part on contest with no order as to cost against the Opposite party.
The OP is directed to connect the service connection in the premises of this complainant within 30 days from receiving this order and submit a report of connection in this Forum as early as possible.
The OP is at liberty to take the help of police if required during the course of providing connection in the premises of this complainant.
No other reliefs are awarded to the complainant.
At the event of failure to comply with the order the Opposite Party shall pay cost @ Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 30 days by depositing the accrued amount, if any, in the fund of “Consumer Legal Aid Account”.
Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.
Dictated and corrected by me.
Member, President-in- Charge,
District Consumer Disputes District Consumer Disputes
Redressal Forum, Murshidabad. Redressal Forum, Murshidabad.
