West Bengal

Bankura

CC/38/2022

Sri Sanjoy Kumar Chakraborty - Complainant(s)

Versus

Station Manager, Schooldanga Consumer Care Centre, WBSEDCL - Opp.Party(s)

Tapan De

10 May 2023

ORDER

    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 38/2022

Date of Filing: 07.12.2022

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld Advocate Tapan De

For the O.P.: Ld Advocate Jayanta Chowdhury

 

Complainant  

Sri Sanjoy Kumar Chakraborty,  S/O Sri Santosh Kumar Chakraborty, Pratapbagan North, P.O. , P.S. & District- Bankura, PIN-722 101                                                                                                                                        

Opposite Party       

Station Manager, Schooldanga Consumer Care Centre, WBSEDCL, P.O.Junbedia, P.S. & District - Bankura, PIN-722 101

 FINAL ORDER / JUDGEMENT  

Order No.08

Dated:10-05-2023

Both parties file haziras through advocate.

The case is fixed for argument.

After hearing arguments 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 dwelling house under construction after purchase of Plot No.831 under Khatian No.    1393  of Mouza-Badra by a Registered deed of Cobala dated: 28-10-2021 and got the permission for construction of the building after change of character of land by the competent authority and also obtained No Objection Certificate for Tube Well in the dwelling house from the concerned Gram Panchayat. The Complainant also deposited service connection charge of Rs.1,000/- together with Security deposit of Rs.1,053/- under proper receipt as per Quotation dated: 20-12-2021 but the Complainant is still awaiting for electric connection in spite of representation for the same by letter dated: 23-11-2022. The Complainant has therefore approached this Commission for domestic electric connection at the Plot No.831 with adequate compensation and litigation cost.

                                                                                                                                                                                           Contd…..p/2

Page: 2

The O.P. contested the case by filing a written version contending inter alia that the O.P. could not give the electric connection during this period as one Smt. Purnima Chatterjee has  raised objection to the same.

-:Decision with reasons:-

Having regard to the facts of the case, materials on record and the contention and submission on both sides the Commission finds that the Complainant is the owner in possession of Plot No.831 under Registered deed of Cobala dated: 28-10-2021 but the O.P. failed to install electric connection to the said Plot of land for which necessary permission has been obtained for construction of the building and unless electric  connection is given the Complainant cannot enjoy the property.

            Ld. Advocate for the Complainant has submitted that the O.P. is careless and negligent in giving electric connection citing a vague plea of Objection by one Smt. Purnima Chatterjee.

            Ld. Advocate for the O.P. has referred to the objection letter dated: 30-11-2022 by the said Smt. Purnima Chatterjee which reveals that her objection relates to Plot No.816 and 822 under Khatian No 409 of the same Mouza but the Plot of land for which electric connection has been sought for by the Complainant appertains  to Plot No.831.

            Thus the said Smt. Purnima Chatterjee has no valid ground to raise any objection to the prayer for the electric connection of the Complainant. The O.P. authority without going through the content of the objection has held up the electric connection of the Complainant during this period.

            It is no doubt true that this Commission has no jurisdiction to decide the land dispute between the Complainant and the Objector but the Commission can go into the prima facie validity of the objection. If the objection is substantive and involves a civil dispute the Commission cannot further proceed with the case but in this case the objection raised by said Smt. Purnima Chatterjee is simply an act of harassment and for some other extraneous consideration and the O.P. authority on such vague and unfounded objection has stopped the process for giving electric connection to the Complainant and such careless and negligent act amounts to deficiency of service within the provision of Consumer Protection Act and the Complainant is entitled to get the relief as prayed for.

                                                                                                                                                                                             Contd……P/3

Page: 3

Hence it is ordered……..

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

The O.P. is directed to give electric connection to the dwelling house on the aforesaid Plot of land of the Complainant within a fortnight in default the O.P. shall pay to the complainant  penalty @ Rs.200/- per day u/s 43 (3) of Electricity Act, 2003 to be realized from the said objector Smt. Purnima Chatterjee in due process of law till the electric connection is effected.

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

 

  ____________________                   ________________              _________________

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