West Bengal

Bankura

CC/51/2015

Sk. Ziaul Haque - Complainant(s)

Versus

Station Manager, Indus Group Electricity Supply, WBSEDCL, Indus, P.O. & P.S. - Indus, Dist. Bankura, - Opp.Party(s)

Self

10 Apr 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 51/2015

Date of Filing: 12.05.2015

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  

Sk Ziaul Haque, S/o-Sk Saha Alam, Vill-Mirjapur, P.O. & P.S.- Indas, Dist-Bankura

 

Opposite Party          

Station Manager, Indas Gr. Electric Supply,  W.B.S.E.D.C.L., P.O. & P.S.- Indas, Dist- Bankura

 

 FINAL ORDER / JUDGEMENT  

Order No.42

Dated:10-04-2023

Both parties file hazira through advocate.

The case is fixed for argument.

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

The complainant’s case is that he being a small farmer applied for electric connection to his submersible tube well for irrigation purpose on 04-09-2014 on payment of Earnest money of Rs.200/- and Quotation dated: 09-01-2015 for Rs.7,299/-. Even after compliance and observance of all legal formalities the O.P. failed to install electric connection to the complainant.

Hence, this case.

                                                                                                                                                                                      Contd…..p/2                                                  

                                                                                                                  Page: 2

The O.P. contested the case by filing a written version contending inter alia that they are ready and willing to the installation of electric connection as prayed for by the complainant but due to objection letter made by Sri Bibekananda Sengupta, Suvas Chandra Sen, Gour Gobinda Sengupta and Subrata Sengupta submitted on 27-02-2015 before the O.P. against the electric connection of the complainant the O.P. is not in a position to comply with the prayer of the complainant.

-:Decision with reasons:-

Admittedly the complainant has complied with all the legal formalities to get the electric connection for his submersible pump but according to the O.P. objection to the said connection has been raised by the above mentioned four persons for which the installation of electric connection is held up and delayed for which the O.P. cannot be held liable.

Ld. Advocate appearing for the complainant has submitted before the Commission that the O.P. could not produce the objection letter and as such Commission has every right to grant the relief as prayed for without giving any importance on the aspect of objection but the Ld. Advocate for the O.P. has contended that the Commission should not ignore the statement made by Assistant Engineer & Station Manager, WBSEDCL, Indas , Sri Sushanta Gorai in the Written Version supported by  Affidavit raising the plea of objection by the above mentioned four persons.

It is no doubt true that if any objection is made by interested person or Authority the Consumer Commission has no power and jurisdiction to go into the merit and validity of the objection as it is a dispute of Civil nature to be decided by the competent Civil Court.

                                                                                                                                                                                            Contd……P/3

Page: 3

The complainant could not produce any material on record to show that the above mentioned four persons have actually no objection to the electric connection as prayed for.

The statement made in the written version supported by affidavit by concerned Public servant is admissible in evidence as a relevant fact in view of Section-35 of the Evidence Act and reliance can be placed upon such statement without production of the so called objection.

The O.P. should however dispose of those objections as early as possible and install electric connection to the submersible pump of the complainant.

Accordingly it is ordered……..

That the case is disposed of on merit by directing the O.P. to install electric connection to the submersible pump of the complainant as prayed for after disposal of the objection if any within two months from this date I/D the order of the Commission may be executed in due process of law.

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

 

   ____________________             ________________                _________________

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