IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No.CC/55/2016 .
Date of Filing: 07.04.2016. Date of Final Order 29.07.2016
Complainant : Aminul Islam Sk. S/O Lutfur Rahaman, Vill. Aminabad Sekhpara, P.O. Aminabad,
P.S. Domkal, Dist. Murshidabad.
-Vs-
Opposite Party: The Station Manager, WBSEDCL of CCC, P.O.&P.S. Domkal, Dist. Murshidabad.
Pin 742303.
Present: Sri Anupam Bhattacharyya …................... President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
Instant complaint has been filed by the complaint u/s 12 of C.P. Act, 1986 for electric connection for his husking mill along with Rs.5, 00,000/- as compensation for production loss and metal pain and agony.
The complainant’s case, in brief, is that the complaint Aminul Islam Sk is a bona fide consumer of the OP/station Manager, Domkal CCC, WBSEDCL by depositing the earnest money as connection charges a sum of Rs.2000/- as per letter vide Memo No. 3001487976/APR-RECT/01 dt. 25.04.2015 issued by the OP on 27.04.2015 to start his husking mill. The complainant collected the permission of concerned Pollution Control Board and purchased relevant machinery and installed the same as a preparation of the said mill. After that the OP informed to the complainant that the personnel will visit the place for connection though the complainant waits a long and visited the office of the OP several times with a request of connection yet the OP kept silence in this matter. At last on 15.01.2016, the complainant sent Advocate Notice to the OP, but it is not worked. Then the complainant was compelled to file this case in this Forum for proper redress.
On the other hand the OP entered into this case by filing written version, where he denied all the material facts and only admitted fact is that the complainant deposited a sum of Rs.2000/- as earnest money on 27.04.2015. The OP also stated that at the time of spot verification it was found that there was one disconnected industrial electric connection in the name of the father of the complainant, Lutfar Rahaman and said connection was disconnected due to an allegation of theft against the said consumer being P.S. Case No. 40/2004 dated 26.02.2004 under Section 135(1)(a) of I.E Act and during pendency of the case Vide No. 312/2004 before the Ld. Special Court at Berhampore Luthfar Raham was pleaded guilty. The complainant wants a new industrial connection to escape from those huge outstanding dues and pilferage. So, another connection cannot be permitted in the same premises till realization of those outstanding dues and the case will be dismissed.
The only point for consideration is whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.
Decision with reasons.
The complainant submitted some documents in support of his case.
Perused all the documents in the record. We observed that the only admitted position is that the complainant has been deposited the prescribed earnest money of Rs.2000/- to the OP, which was evident by the receipt of the money as well as mentioned by the OP in his written version. But, the OP raised objection of giving connection to the complainant in the same written version as because, there was previously another industrial connection in the name of the father of the complainant with a huge outstanding amount which was disconnected due to a case before the Ld. Special Court at Berhampore. We also observed that the complainant submitted some evidence that the pending case of his father was disposed of as well as the complainant applied for connection of his own mill with new structure and new instruments as well as material in separate vide 981 plot i.e. certificate for consent to establishment of the will by the West Bengal Pollution Control Board in the name of the complainant, certificate of Gram Panchayat, one receipt of the monthly domestic electric connection charges in the name of the wife of the complainant etc. Besides, this complainant filed one Panchayet Samiti Certificate of establishment of mill for the father of the complainant, which is evident that the plot was different i.e vide No. 983. All those evidence clearly shows that the complainant applied for his own land, so our view on this point is that the complainant is entitled to get electric connection by the OP.
On the other hand, after giving permission and issued the quotation, how the OP raised question that the plots are same. Al least when the complainant became a consumer by depositing the prescribed earnest money to the OP as well as purchased and prepared necessary arrangement for mill , the OP cannot avoid the responsibility to give the electric connection. It is a clear example of deficiency in service on the part of the OP.
On the basis of above discussions and the material on record, we are of the view that the complainant is entitled to get the electric connection in his premises in question.
Regarding prayer for compensation of Rs.5, 00,000/- we find that the electric connection is the most required thing and for that we are of the opinion that the complainant is not entitled to get any other relief as compensation.
Hence,
Ordered
that the Consumer Complaint No.55/2016 be and the same is allowed on contest without order as to cost.
The OP/Station Manager, Domkal CCC, WBSEDCL is hereby directed to give electric connection to the complainant within 15 days. In default, the OP is to pay Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
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.
Member Member President
