West Bengal

Paschim Midnapore

CC/131/2016

Sri kalipada Maity. - Complainant(s)

Versus

Station Manager, W.B.S.E.D.C.L. - Opp.Party(s)

02 Mar 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

 Kapot Chattopadhyay, Member.

   

Complaint Case No.131/2016

 

            Sri  Kalipada Maity, S/o Late Jiban Krishna Maity, Village Mugarchak, P.O. Muksudpur,   

            P.S. Kharagpur (Local), District - Paschim Medinipur. ….…..………..……Complainant.

                                                                              Vs.

1)Station Manager, Madpur Customer Care Centre at Madpur, P.O. Madpur, P.S. Kharagpur (Local), Dist. Paschim Medinipur, PIN-721149,

2)Station Manager, Kharagpur Electricity Supply, West Bengal State Electricity Distribution  Company Ltd., at Sakti Bhaban Inda, P.O. Inda, P.S. Kharagpur (Local), Dist- Paschim Medinipur, PIN-721305,

3)Divisional Manager, Kharagpur Electricity Supply, West Bengal State Electricity Distribution Company Ltd., At Sakti Bhaban Inda, P.O. Inda, P.S. Kharagpur (Local), Dist- Paschim Medinipur, PIN-721305………………......……….….Opp. Parties.

                                                    

              For the Complainant: Mr.  Rabindranath Singha,  Advocate.

              For the O.P.               : Mr. Debiprasad Das Mahapatra, Advocate.

 

Decided on: -02/03/2017

                               

ORDER

                          Bibekananda Pramanik, President :- Facts of the case, in brief, is that the complainant Kalipada Maity is a consumer under the O.P.-W.B.S.E.D.C.L. by paying quotation money of Rs.21,613/- only on 07/06/2011 for the purpose of effecting  S.T.W. electric connection.  As per rules and direction of the opposite party, the complainant purchased some electrical materials and informed the opposite party regarding such

Contd……………..P/2

 

 

 

( 2 )

 purchase.  Thereafter, being  requested by the complainant on several times, the opposite party supplied the plan, estimates etc. and accordingly the complainant purchased materials on 24/07/2013 and 28/07/2013 and gave information  regarding such purchase to the opposite party on 29/07/2013 but the opposite party did not affect electric connection. The complainant was therefore compelled to file a complaint case being no.67/2014 before this Forum and after a contested hearing, this Forum passed an order on 27/10/2014 directing the opposite party to effect electric service connection within 30 days from the date of taking delivery of the required materials supplied by the complainant.   In compliance of the said order of this Forum, the complainant supplied all materials on 11/12/2014 but the opposite party no.1 did not use those supplied materials and also did not install 16 K.V. transformer over the fixed cemented pole. It is alleged that the opposite party no.1 has misappropriated those supplied materials.  The complainant therefore sent a notice through his Advocate on 20/05/2015 to the opposite party no.1 for installation of 16 K.V. transformer upon the two cemented electric poles which were fixed over the land of the complainant.  Since no such installation was made in spite of receipt of that notice, hence this complaint directing the opposite party no.1 to install 16 K.V. transformer upon the cemented poles and to pay compensation of Rs.2,00,000/- and litigation cost of Rs.10,000/-.     

                  The opposite parties have contested this case by filling a joint written objection.

                  Denying and disputing the case of the complainant, it is the specific case of the opposite parties that earlier the present complainant filed a complaint case being no.67/2014 against these opposite parties with an allegation of not supplying electric connection to his S.T.W. through the materials supplied by him.  The opposite parties contested the said proceeding with specific plea that no required materials were supplied by the complainant.  After a contested hearing, this Forum was pleased to dispose of the said proceeding directing the complainant to supply those materials at once and also directed the opposite parties to give connection of S.T.W. within 30 days from the date of receiving materials.  In spite of the said direction, the complainant did not supply any materials and the opposite party being a responsible authority extended the power of extension transformer from 16 K.V. and after such extension, the connection of the complainant’s S.T.W. was given from the said extended transformer.  It is specifically stated by the opposite parties that no amount has been taken by them for such pole or transformer  rather electric pole or transformer cannot be the property of the complainant or of any individual.  The complainant also earlier preferred an execution  proceeding being execution case no.3/2015 against the opposite parties and after a contested hearing,

Contd……………..P/3

 

 

( 3 )

this Forum was pleased to dismiss the said execution proceeding. Again, the complainant has filed this case with the claim of returning back of amount of alleged electric pole which has already been determine in the said execution proceeding.  The opposite parties therefore claim dismissal of the case on the ground that the complainant has no cause of action to file this case and the present case is also barred by the principal of res-judicata.

              To prove his case, the complainant has examined himself as PW-1 and during his evidence, few documents have been marked as exhibit 1 to 11 respectively.  On the other hand, O.P. adduced no evidence. 

 

                                                                 Points for decision

1)Is the case maintainable in it’s present form and prayer ?

2)Has the complainant cause of action to file this case ?

3)Is the case barred by principles of Res-Judicata ?

4)Is there any deficiency in service or unfair trade practice on the part of the opposite parties ?

5)Is the complainant entitled to get the reliefs, as sought for ?    

                   

Decision with reasons

           For the sake of convenience and brevity, all the above points are taken up together for consideration.

           From the pleadings of both parties as well as from the evidence of PW-1 Kalipada Maity, the complainant, we find that admittedly the complainant applied before the O.Ps. for effecting S.T.W. connection by paying quotation money by Rs.21613/- and he requested the O.Ps. to issue estimate for purchasing materials for such connection.  According to the complainant, he purchased  such materials on 24/7/2013 and 28/7/2013 but in spite of giving information regarding such purchase of electrical materials, the O.P. did not give him electric connection for which he was compelled to file a complaint case being no.CC 67/2014 before this Forum.  It is undisputed that the said complaint case, so filed by the complainant, was disposed of with a direction to the O.P. to complete such installation work within 30 days from the date of taking delivery of required materials to be supplied by the complainant. From the cross examination of PW-1, the complainant, we find that he has admitted in his cross examination that the said order passed by this Forum in C.C. no.67/2014 has duly been complied by him as well as by the O.Ps. and his submersible pump is running well till today.  The present case has been filed in connection with the said S.T.W. electric connection with the allegation that the O.P. no.1 did not use the supplied materials so delivered by the complainant to the O.P. for effecting connection in question.  It

Contd……………..P/4

 

 

 

( 4 )

is also alleged by the complainant in this case that O.P. no.1 has misappropriated such supplied materials and the amount paid by him for the purpose of installation of 16 K.V. transformer.  But from the cross-examination of PW-1 Kalipada Maity, the complainant, we find that he has admitted that except the quotation amount, O.P. did not take any other money from him.  If that be so, then the question of misappropriation of money as alleged does not arise.  Regarding the allegation of misappropriation of the supplied materials, we find from the cross-examination of the complainant that he has admitted that the materials supplied by him to the O.Ps. were used for electrification of that submersible pump.  Thus it appears that the said allegation regarding misappropriation of supplied materials and money is utterly false and we therefore find that the complainant has filed this case against the O.P. with false allegation of misappropriation of materials and money and the petition of complaint is therefore liable to be dismissed.  Since we find that the present complainant has filed a frivolous complaint against the O.Ps. with false allegation, so in view of Section 26 of the C.P. Act,  the complainant is liable to pay a cost of  Rs.2,000/- to the O.Ps.   

       All the points are accordingly disposed of against the complainant.

       In the result,  the petition of complaint fails.    

 

                                                  Hence, it is,

                                                     Ordered,

                                            that the complaint case no.131/2016  is hereby dismissed on contest u/s 26 of the C.P. Act with cost of Rs.2,000/- payable by the complainant to the O.Ps.

                               Let plain copy of this order be given to the parties free of cost.

               Dictated & corrected by me

                    Sd/-B. Pramanik.      Sd/- K.K.Chattopadhyay.      Sd/- D. Sengupta.                      Sd/-B. Pramanik.

                           President                       Member                          Member                                      President

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