Shri A.K. Bhattacharyya

           The complainant’s case may be briefly stated as follows:

          The complainant applied for electric service connection on 10.02.2011 before the OP no.1 in respect of his dwelling house situated in the scheduled land as mentioned in the schedule of the complaint. He deposited Rs.763/- as Security Deposit and further Rs.800/- for service connection charges with the OP no.1 as per Quotation dtd. 08.06.2011, but the OP inspite of several request did not effect the service connection in favour of the complainant, hence the case.

          The OP no.1 contested the case by filing W/V denying all allegations made against them by the complainant. it is stated interalia that the complainant insisted OP no.1 on having connection from Keshapat 63 KVA Transformer at Bakshipara after altering from Gopalnagar KVA Transformer from which electric connection was effected to other premises of his other brothers and they agreed to arrange trimming work at their own expenses but despite of several request in writing on the part of the OP no.1, the complainant did not pay any heed to such request towards assurance given by him and as a result the OP was unable to give effect the service connection line from Keshapat 63 KVA Distribution Transformer. Hence, their prayer is for dismissal of the case.

             The OP no.2 did not contest the case even after service of Notice upon him.

Points for consideration

Whether the complainant is entitled to get any relief as prayed for?

Decisions with reasons

        Perused the petition of complaint, W/V W/N/A, and the photocopies of documents filed by the parties on record.Considered the submissions of the Ld. Advocates of both sides.

        Undisputedly, the complainant applied on 10.02.2011 for new electric service connection in his dwelling house situated in the scheduled land as mentioned in the schedule to the complaint and that he deposited Rs.763/- as Security Deposit and further Rs.800/- for service connection charges on 28.06.2011 with the OP.

        According to the complainant the Ops did not effect the service connection inspite of such aforesaid deposit even after several request. On the other hand, as per W/V of the OP the service connection could not be effected in favour of the complainant from Keshapat 63 KVA Distribution Transformer as intended by him since the complainant failed to keep his assurance to arrange for trimming work at their own expenses when 2 no. Of ex-span are required to be removed which feeded power from Gopalnagar 25 KVA Distribution Transformer despite service of several letter to the complainant for completion of trimming work as agreed upon.

        From the photocopies of letter dtd.16.02.2012 and another letter without date but with dtd. 05.09.2012 in respect of copy of forwarding letter addressed to the Divisional Manager indicate with regard to request to the complainant for completion of trimming of trees for drawal of electric line through Keshapat 63 KVA Distribution Transformer at Bhakshipara.

        It is to be noted that from the photocopy of letter of the complainant dtd. 27.09.2012 addressed to OP no.1 that he informed the OP no.1 in writing by servicing this letter that trimming work had already been completed by him. That being the position, we do not find any hindrance on the part of OP no.1 to effect service connection in favour of the complainant as applied for and as such the complainant is entitled to relief as sought for as to direction upon the OP to give effect to the connection in the complainant’s dwelling house as mentioned in the schedule to the complainant.

        This point is, thus, disposed of in favour of the complainant.

Hence, it is,

ORDERED

that the instant consumer case be and the same is allowed on contest against the OP no.1 and exparte against OP no.2 with no order as to cost. The OPsare directed to restore service connection to the premises of the complainant with police help, if required, within 45 days from the date of communication of this order i.d. the complainant is at liberty to execute the order in accordance with the law in which case, the OPs shall be liable to pay fine @ Rs. 50 per diem from the date of filing of this case till compliance of this order in toto. 

                    S.S. Ali                                                 Dr. S. Dutta                                                      A.K. Bhattacharyya

                   Member                                                 Member                                                            President