West Bengal

South 24 Parganas

CC/162/2015

Arup Panja. - Complainant(s)

Versus

Station Manager of WBSEDCL, Bakrahat, Customer Care Centre. - Opp.Party(s)

28 Mar 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _162   OF ___2015____

 

DATE OF FILING : 31.3.2015     DATE OF PASSING JUDGEMENT:_28.03.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu                    

 

COMPLAINANT                  :  Arup Panja, Vill. Kashibati, P.O Chandandaha, P.S. Bishnupur, Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                                :     Station Manager, WBSEDCL, Bakhrahat, Customer Care Centre, Dist. South 24-Parganas, Pin-743377.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that he filed an application for installation of a new electric meter on 8^th August, 2014  and on that date O.P informed the complainant that inspection will be held within 90 days from that date. After expiry of 90 days complainant met the office of the O.P and came to learn that his application was cancelled  and complainant again filed a fresh application for installation of new electric meter  on 18.11.2014 but till date no meter was installed, no inspected was held . Finding no other alternative complainant sent legal notice . On 30.1.2015 the O.P verbally told the complainant to get at Baruipur RE Project office . Accordingly met the RE of Baruipur . Though assurance was given for installation of the meter short but to no effect. On 20.3.2015 complainant further went to the Bakhrahat Customer Care Center and deposited Rs.447/- as per verbal direction of the office of the O.P but till date no electric connection was given, no meter was installed . Hence, this case praying for installation of new meter  with electric connection in the house of the complainant and cost of Rs.10,000/- , compensation of Rs.50,000/-.

            The O.P filed written version denying all the material allegations contending inter alia that complainant is not a consumer and no written agreement has been executed by and between the O.P and the complainant. The positive case of the O.P is that the connection is under BRGF Scheme and quotation was  generated within short stipulated time much before 90 days but the complainant failed to deposit the amount within due time and O.P tried to give connection but could not give the same due to objection of neighbor of the complainant. The matter was also informed the complainant and Bishnupur Police Station. The O.P stated that complainant also failed to arrange free way leave as per regulation 46/WBERC 3.2.1( c ) . The O.P prays for dismissal of the case in limini.

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            All the points are taken together for the sake of convenience, as they are interlinked.

            After scrutinizing vividly the complaint, written version and evidence filed by both the parties and hearing argument in full length from the Ld. Advocate of both  the sides and also scrutinizing all the documents brought before this Forum it is crystal clear that the complainant approached before the O.P WBSEDCL for new electric connection for his residence in proper format along with prescribed amount and this process was completed on  20.3.2015. But after repeated requests the O.P has not given connection due to strong third party objection.

            It is beyond doubt that  in modern civilization electricity is most essential necessity for day to day life and complainant should not be deprived from this facility. Consumer Forum, under the purview of the C.,P Act, which is a benevolent legislation to protect the consumer and keeping in mind the ____ for restraining “Social wrongs”, in the instant case should not keep our eyes closed and should give redressal by allowing the prayer of the complainant in part.

            Therefore, in the light of the above discussion , it is opined by the Forum that the O.P is duty bound to give electric connection by installing new meter at the residence of the complainant and O.P is at liberty to take necessary police help for restraining third party objection as it is prayed by the Learned Advocate of the O.P at the time of advancing final argument.

            Thus all the points are discussed and all are in favour of the complainant and complaint case succeeds.  

            Hence,

                                                                        Ordered

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

The O.P WBSEDCL is directed to provide electric connection by installing new meter at the residence of the complainant within 30 days from this date  and, if necessary, with police help and concerned P.S. is directed to provide all sorts of police help to the O.P WBSEDCL at the time of installation of new meter and electric connection , as electricity is an essential commodity for modern life .

In the facts and circumstances , no cost and compensation is imposed.

 

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

                                   

       Ordered

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

The O.P WBSEDCL is directed to provide electric connection by installing new meter at the residence of the complainant within 30 days from this date  and, if necessary, with police help and concerned P.S. is directed to provide all sorts of police help to the O.P WBSEDCL at the time of installation of new meter and electric connection , as electricity is an essential commodity for modern life .

In the facts and circumstances , no cost and compensation is imposed.

 

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President