Date of Filing:  23.07.2013                                                    Date of Final Order: 28.01.2014

Complainant in dispute in brief :

          Sri Nayan Singha aged 29 years C/o. Radha Kanta Singha of Vill.- Barai bari-1, P.O.-Bokalir Moth, Block- Cob-ll, P.S.- Kotwali, Dist. Cooch Behar, filed his complaint against the Opposite Party Nos. 1 to 3 i.e. the (1) Station Manager, Khagrabari Group Electric Supply, (2) Divisional Engineer of Beguntari, Dist.- Jalpaiguri & (3) Assistant Engineer, Cooch Behar, D-Division Group Electric Supply, Silver Jubile Road, Cooch Behar, alleging against Opposite Party No. 1 who received his application under No. 4000251635 APP/RECT/01 dated 12-01-2012 with relevant documents for a New Connection in his house against which he deposited Rs. 200/- under Money Receipt Serial No. B-1624911 date 24-05-2012. The Opposite Parties neither inspected his site nor sent Quotation Bill for which he lodged a complaint in Complaint Book of the W.B.S.E.D.C.L. Thereafter, on 10-07-2013 the Complainant met the Opposite Party No. 1 who misbehaved with him. Before that, also he met the Opposite Party No. 1 who harassed him in various means and ways and also indicated for extra expense etc. He was also driven out by the staffs of the office when he questioned about Notice, Rules etc. which together led him to file this complaint before the D.C.D.R.F., Cooch Behar on 23-07-2013 enclosing Xerox copies of (1) Application Receipt, (2) Earnest Money Receipt, (3) I.P.O. of Rs. 100/- and (4) Affidavit in support of his complaint.

           He has prayed for direction to the Opposite Parties to install New Electric Connection at the earliest, compensation for his physical and mental pain due to non supply of connection and misbehavior etc., of Rs. 80,000/- with litigation cost of Rs. 2,000/-.

        He has authorized Sri Shirsendu Kumar Roy Basunia, Ld. Advocate Cooch Behar was his Agent to conduct the case before this Forum.

          Based on above complaint DF Case No. 75/2013 has been registered and on hearing the point of admissibility 22-08-2013 was fixed for SR/appearance.

          In response to the Notice the Opposite Party No. 1 entered appearance through Sri Dhrubajyoti Karmakar, Ld. Advocate Cooch Behar on the strength of Authorization Letter dated 10-08-2013 issued by the Divisional Manager & Divisional Engineer, Cooch Behar Division to conduct the case w.e.f. 22-08-2013.

            It appears that the Notice Registered by the Opposite Party Nos. 1 & 3 by hand through process server of this Forum and Opposite Party No. 2 by Registered Post with A/D on 07-08-2013. The Ld. Advocate for the Opposite Party No. 1 took adjournments on 22-08-2013, 13-09-2013, 01-10-2013, 10-10-2013, 07-11-2013, 06-12-2013, 27-12-2013, 30-12-2013 and on 21-01-2014 he has filed a petition intimating this Forum that on 30-12-2013 the Opposite Party No. 1 has installed New Electric Connection in the house of the Complainant. The Ld. Advocate for the Opposite Party No. 1 has not yet filed the written version but in his adjournment prayers he sought time to file W.V. and also matters of effort on the part of the Opposite Party No. 1 at the earliest.

            On the other hand the Complainant/Ld. Agent for the Complainant remained absent without step on 13-09-2013, 06-12-2013 but on other dates the Complainant appeared in person but has not yet filed any evidence in support of his case.

            In fact the Ld. Advocate as Agent of the Complainant appeared before this Forum on 23-07-2013, 22-08-2013, 13-09-2013, 01-10-2013, 10-10-2013, 07-11-2013 and no further after filing the case.

            Surprisingly, on 27-12-2013 the Complainant by appearing in person has filed a letter of authority appointing are Sri Utpal Kr. Roy, C/o. Lt. Sri Pravat Ch. Roy, Vill. & P.O.- Khagrabari, Shib Jagna Road (bye-lane), P.S.- Kotwali, Dist.- Cooch Behar to proceed their cases DF-75/2013 (Complainant Sri Nayan Singha), DF-76/2013 (Complainant Sri Ramesh Biswasharma) and DF-85/2013 (Complainant Sri Ratan Shil) along with the photo identity (Xerox copy of Driving License of Sri Utpal Kr. Roy) under joint signature of the 3 different dates Complainants of the 3 cases. Sri Utpal Kr. Roy also appeared by petition on 27-12-2013 and 30-12-2013.

            On 30-12-2013, the Full Bench of this Forum after hearing has rejected the said Authorisation Letter on its on footings as by a single petition one cannot appear in more than one case of different parties; that jointly parties can file a complaint as per the C.P. Act, 1986 authorising any one to conduct the case.

            It also appears that on 21-01-2014 the Complainant has filed a petition dated 02-01-2014 stating that on 31-12-2013 W.B.S.E.D.C.L. has installed electric connection in his house and he is satisfied but it has been installed after much harassment and he has prayed for adequate compensation. Mysteriously, it appears that the petition filed bearing Seal of this Forum dated 21-01-2014 appears to have been struck off by 3 horizontal struck lines by someone by black dot.

            Whatsoever, it may be at the time of hearing the petitions above dated 02-01-2014 of the Complainant and 21-01-2014 of the Ld. Agent for the Opposite Party No. 1 Sri Utpal Kr. Roy raises alarm uttering unparliamentary languages in violent mood stating so may matters in respect of rejection of his authorization in this case and other cases against which Ld. Advocates present in different cases under joint signature as witnesses, filed a petition in DF Case No. 60/2013 under signature of Ld. Advocate Sri Raju Roy. Mater could be subsided though atrocity of Sri Utpal Kr. Roy continued for a long time.

            However, in hearing the Complainant in person he has submitted for awarding cost of proceedings and compensation for delay of installation of the electric connection after in ordinate delay and harassment.

            The Ld. Agent for the Opposite Party No. 1 has submitted that on 03-08-2013 re-inspection was done by N.T. Sherpa (S.A.E.) of Khagrabari Customer Care Centre, W.B.S.E.D.C.L. who handed over a copy of the Inspection Report to the Complainant which clearly speaks that the Complainant had not complied with the formalities such as installation of earthing, internal wearing, providing suitable place housing meter and other electrical equipments. Besides, it was seen that the proposed service line would pass over the land/premises of Sri Manoj Dey Sarkar, Sri Malen Karjee, Sri Haladhar Debrath and Sri Nitai Saha. He was requested to complete all the necessary formalities and submit the “Way Leave Permission” one Quotation and Way Leave format along with the letter under Memo No. KB/CCC/T-42/591 dated 07-09-2013 was sent to the Complainant. Receipt of which the Complainant admitted.

            He further has submitted it was also seen on 03-08-2013 during inspection that the Complainant has been using electricity from service connection of one Manoj Dey Sarkar (housing Meter No. P-1284334) by way of unauthorized extension which is unlawful and must be removed forthwith.

            Ld. Agent also points out the Pre-charging Report dated 03-08-2013 under signature of acknowledgement of the Complainant and submits that the complaint is not entitled to any other relief beyond which has already been provided by service connection dated 30-12-2013 Meter No. B-2178830 in the name of Nayan Singha.

            The date is disputed as 30-12-2013 and 31-12-2013 but it is mentioned as the record shows date 30-12-2013 and accepted.

            On the point of delay in installation of the electric connection by the W.B.S.E.D.C.L. Since 12-01-2012 dated of application 24-05-2012 i.e. date of Receipt of the Earnest Money and 30-12-2013 i.e. installation of electric connection in the house of the Complainant together with alleged harassment, misbehavior with the Complainant, fact and Circumstances in between are required to be considered to decide the case and awarding compensation if any.

            We considered the facts together with related provisions of the Electricity Acts, Rules & Regulations etc. there under.

       It is transparent from the W.B.S.E.D.C.L. Application Receipt Memo No. 400251635/APP/RECT/01 dated 12-01-2012 that inspection at the premises will be carried out within 7 days for urban areas and within 15 days for rural areas after the date of “Receipt of Application”.

            Hence, for record it appears that the Re-Inspection was done on 03-08-2013, which is obviously beyond the highest period of 15 days and violation of self-mode provision of the W.B.S.E.D.C.L.

            On the other hand the application will be considered on Deposit of Earnest Money of Rs. 200/- as in this case and is valid for 15 days for the date of Receipt of this application but surprisingly the Earnest Monet was deposited on 24-05-2012. This was also beyond the statutory period, even if it was considered that the statutory period would commence from the date of receipt of the said Application Receipt there was in ordinate delay on the part of the Complainant.

         On the other hand it appears unchallenged that the Complainant unauthorizedly and illegally used electricity from service connection of one Manoj Dey Sarkar’s Meter and house both are liable but this Forum has nothing to do with the same as the same is different issue of the energy/unauthorized/illegal electric connection.

            There is no proof that the Complainant was misbehaved and /or driven out by the staffs of the Opposite Party No. 1 save and except the complaint or affidavit.

            However, it can be construed beyond reasonable doubt that the Opposite Party No. 1 is liable for installation of electricity in the house of the Complainant after inordinate delay, which amounts to deficiency in service and harassment to the Complainant and also involving the complainant to take shelter of the D.C.D.R.F. to get redress involving litigation cost. It is admitted fact that the point of passing of service line over land of other’s land/parties without Way Leave is not tenable but there is no whisper as to the date of such no objection/Way Leave by those persons were received by the W.B.S.E.D.C.L. then how the W.B.S.E.D.C.L. could supply the connection.

         Considering all aspect we find the Opposite Party No. 1 i.e. the Station Manager, Khagrabari Group Electric Supply, W.B.S.E.D.C.L. liable for deficiency in service and hence it is Ordered that the Opposite Party No. 1 shall pay Rs. 2,000/- as litigation cost within 45 days for the date of order failure if paid of which to pay @ Rs. 100/- per day’s delay beyond that 45 days from the date of receipt of this Order.

             A plain copy of this order be made available and be sent to each of the parties free of cost by registered post with A/D forthwith as per rules.

Dictated and corrected by me.                                                                                                                          

                   President,                                                                   President,

    District Consumer Disputes                                       District Consumer Disputes                        

Redressal Forum, Cooch Behar.                                  Redressal Forum, Cooch Behar.       

                   Member,                                                                      Member,                                                            

   District Consumer Disputes                                        District Consumer Disputes                       

Redressal Forum, Cooch Behar.                                 Redressal Forum, Cooch Behar.