IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /78/2015.

 Date of Filing: 18.06.2015.                                                                                                                                          Date of Final Order: 17.12.2015.

Complainant: Ranu Bala Saha, W/O Late Sudhir Chandra Saha, 9, Jadhu Dutta Lane,

                        P.O. Khagra, P.S. Berhampore Town, Dist. Murshidabad. Pin-742103.          

-Vs-

Opposite Party: Station Manager, Khagra CCC, WBSEDCL,  P.O. Khagra, P.S. Berhampore

                           Dist. Murshidabad. Pin 742103.

                    Present:         Anupam Bhattacharyya   ………………….President.                                 

                                          Sri Samaresh Kumar Mitra ……………………..Member.           

                                          Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali, Presiding Member.

The complainant’s case u/s 12 of C.P. Act, 1986, in brief, is that the complainant applied for getting electric connection for domestic purpose at her residence and deposited earnest money for a sum of Rs.200/- on 19.09.2013. Then the Opposite Party inspected the house of the complainant, but afterwards, was very reluctant to give quotation or to take necessary action for electric connection. In spite of repeated requests of the complainant, the OP did not pay any heed and for that the complainant  suffered a lot and filed this complaint for electric connection in her residence along with a prayer for sum of Rs.10,000/- for suffering mental pain and agony from the OP.

The OP has been contesting the case by filing written version wherein all material allegations contained in the complaint have been denied. The specific case of the OP is that the complainant submitted an application declaring that there was no service connection in the said building, but in course of inspection it was found that there was another service connection in  the name of J.N. Saha &Brothers in the said premises. Accordingly, by a letter dt. 16.11.2013 , the OP asked  the complainant             to rectify or make an arrangement for separate meter box, main-switch , earthling as well as wiring of the premises for new connection, but the complainant did not informed the matter to this OP. The OP also stated that one Advocate’s letter was received with information of a case being No. 385 of 2013 is pending in respect of the premises, which matter was also informed to the complainant. The OP has no deficiency in service and so the complaint is liable to be rejected.

The only point for consideration is whether the complainant is entitled to get any relief as prayed for or not and  whether there is any deficiency in service on the part of the OP as alleged or not.

                                                                                        Decision with reasons.

The complainant in support of her case has submitted Xerox copies of receipt showing payment of Rs.200/- towards earnest money, letter dt. 16.11.2013 issued by the OP in favour of the complainant , one old bill on the same premises in the name of J.N. Saha & brothers , one tax receipt issued by the Berhampore Municipality in favour of the complainant

On close perusal of the documents submitted on behalf of the complainant, it is evident that in the said premises there is a service connection being consumer I.D. No. 313883788 standing in the name of J.N. Saha & brothers. It is also evident that tax receipt issued by the Berhampore Municipality in the name of the complainant that shows the complainant has a separate ownership of the said premises. It is further evident that the complainant deposited a sum of Rs.200/- as earnest money to the OP.

It is true that normally in one premises there should not be more than one electric connection but at the same time in one premises there may be separate connection if it can be proved that persons who want separate connection live separately.

From the letter dt. 16.11.2013 issued by the OP in favour of the complainant it is , however, seen that on inspection of the premises some discrepancies were noticed and  the complainant was requested to take necessary action to rectify the defects i.e no arrangements of separate meter box, main switch, earthling etc along with running court case and communicate the OP. The same letter also gave the unlimited delay time to the complainant to rectify the defects. But we find from the record that after rectification of defects, without making any communication with the OP, the complainant has directly come before the Consumer Forum for getting redress with a specific prayer for direction upon the OP to effect domestic electric connection to the complainant in the premises in question. It is perhaps needless to mention that until and unless the quotation is submitted by the OP and necessary payment is made as per quotation, no electric connection supposed to be given.

It is true that on the basis of application submitted by the complainant before the OP, no quotation has been submitted. It is also true that the complainant did not approach the OP for submitting answer on the basis of letter dt. 16.11.2013. But such non-approaching on the part of the complainant is not the ground for giving permanent good bye to the application submitted by the complainant because admittedly the electric connection in the premises is an essential service and the complainant has approached the Forum for just cause. Though we do not find any deficiency in service on the part of the OP but in the given facts and circumstances of the case coupled with the documents submitted before the Forum, we are of the view that the complainant is entitled to get electric connection in the premises in question. But in that case the complainant shall have to deposit the necessary amount towards cost of the electric connection on the basis of quotation whenever issued by the OP.

Regarding prayer for compensation of Rs.10,000/- we find that there were some discrepancies in arrangement of separate electric connection in the premises along with a court case was pending, for which the OP was  unable to give the connection at that time and for that we are of view that the complainant is not entitled to get any other relief as compensation.

In the result the case succeeds.

Hence,

                                                                                                   Ordered

that the Consumer Complaint No. 78/2015 be and the same is hereby allowed on contest

against the OP without any order as to cost.

The OP/Station Manager, Khagra CCC, WBSEDCL, is hereby directed to issue quotation in the name of the complainant/Ranu Bala Saha for effecting separate electric connection in the said premises within one month from the date of this order so that the complainant is in a position to deposit the entire amount.

The OP is further directed to effect electric connection at the earliest as soon as the necessary payment is made on the basis of the quotation.

 Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.