West Bengal

Paschim Midnapore

CC/183/2012

Sri Snehasis Chattopadhyay - Complainant(s)

Versus

Station Manager, WBSEDCL, Daspur CCC & Others - Opp.Party(s)

29 Apr 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 183/2012                                                                                         

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  xxxxxxxxxxxxx                              

                  Sri Snehasis Chattopadhyay, S/o-Guruprasad Chattopadhyay……...Complainant.

                                                              Vs.

             Station Manager, WBSEDCL, Daspur CCC & Others……….………Ops.

       Order No.07                                                                       Dated:-29/04/13                     

                   Both parties file haziras. Ops. file Xerox copies of some documents. Copies served.

                    Today is fixed for hearing of this case. Hd. Ld. Lawyers for both the parties. They submit that the parties shall not adduce any oral evidence and that the case may be disposed of on the basis of pleadings of the parties and the documents filed.

                   It appears to be an admitted position that the Ops. took money from the petitioner as per quotation issued by the Ops.  after the complainant applied for electric connection. The Ops. complained of already having electricity connection in the name of the father of the complainant. During hearing it revealed from the submission of the Ld. Lawyer for the parties that complainant’s father died in 2002. Therefore, having existing connection in the name of the complainant’s father cannot be a ground of for denial of connection in view of the fact that Ops. submitted quotation and the complainant  paid money as per quotation.

               The second ground as taken by the Ops. for non-effecting connection is the objection of other co-shares in the property where electric connection has been sought. Case record shows that some of the co-sharers in the property filed an application on 25/02/2013 praying for an order for addition of party in this case which was turned down by this forum vide order dated 22/03/13. In that order it has been specifically mentioned that there cannot be any electric connection which is effected without crossing the land of others at some particular point. It has further been observed in that order while effecting the connection it is for the concerned authority and particularly in that present case, the Ops., to take necessary safety measures.

               Upon consideration of the facts and circumstances of this case we find no justifiable reason on the part of the Ops. to deny the electric connection to the complainant.

                Contd………….P/2

 

- ( 2 ) -

                During hearing the Ld. Lawyer for the Ops. submitted that the Ops. men had been to this spot for effecting connection but due to some obstruction and disturbances in the locality, the connection could not effected. In Our considered view if the Ops. and/or their agents/representatives/employees/men are prevented from during their lawful duties, they may ask for help of the local police.

               Accordingly we dispose of the present case with direction to the Ops. to give electric connection to the complainant within 15 days from this date. Whele effecting connection the Ops. shall take appropriate measure as to the safety and security which are required to be applied while effecting the electric connection to the complainant and in doing so if the Ops. and/or any person acting on behalf of the Ops. are prevented from doing their duty, in that event they may seek help of the local police and in the event the local police shall render every possible assistance in the matter of discharge of duty by the Ops. and /or their men.

                The case is, thus disposed of. Parties be supplied the copy of this order free of cost.    

 

                              Sd/-                                                                                                   Sd/-

                       Member                                                                                            President     

                                                                                                                             District Forum

                                                                                                                          Paschim Medinipur.