IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

             CASE No.  CC/192/2017.

 Date of Filing:                    Date of Admission:                Date of Disposal:

10.11.17                                        17.11.17                                             29.11.19

Complainant: Kakuli Dutta

B.B.Sen Road, P.O. + P.S. Berhampore,

 PS- Murshidabad,

Pin- 742101

-Vs-

Opposite Party: 1. The Station Manager, WBSEDCL, Khagra Sector,

                                 Netaji Road, P.O. Khagra,

PS + Dist.  Murshidabad,

Pin- 742103

Agent/Advocate for the Complainant                        : Sri. Utpal Pal & Sri Swapan Mukherjee.

Agent/Advocate for the Opposite Party No.1 : Sri. S.S. Dhar.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                             

                                          Smt. Aloka Bandyopadhyay……………………..Member.

                                     FINAL ORDER

  Asish Kumar Senapati, Presiding Member.

                        One Kakuli Dutta (here in after referred to as the Complainant) filed the case against the Station Manager, WBSEDCL,Khagra Sector (here in after referred to as the OP) praying for compensation alleging deficiency in service.

  The sum and substance of the complaint case is as follows:-

                   The Complainant is a consumer of electricity under the OP as she purchased one Application Booklet on payment of Rs. 5/- on 04.08.16 and submitted the  duly filled up application. The O.P. did not provide electricity inspite of lapse of a considerable period. The O.P. has not even issued any quation  and did not pay any heed to the request of the complainant. The school going children of the complainant suffered much for deficiency in service on the part of the O.P.  Hence, the complainant has prayed for a direction upon the   O.P. for  to give electricity connection to the Complainant and to pay compensation of Rs. 10,000/- for mental pain and agony.              

                    The OP filed written version on 22.0619 contending that the case is not maintainable as the complainant is not a consumer and this Forum has no jurisdiction to entertain the case. It is the specific case of the O.P. that the complainant never submitted any application for new connection and the address of the complainant in the Consumer Application is incomplete. The O.P. never received any amount from the complainant for electricity connection. The O.P. is bound to give electricity connection  to the complainant if she files application  with relevant documents after observing necessary formalities. The O.P. has no deficiency in service.

            On the basis of the above version the following points are framed for proper adjudication of the case :

Points for consideration

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has this Forum jurisdiction to entertain the complaint?

3. Has the OP any deficiency in service, as alleged?

4. Is the Complainant entitled to get any relief, as prayed for?

Point no.1

The Ld. Advocate for the Complainant submits that the Complainant is a consumer as she hired services of the OP for consideration.

 In reply, the Ld. Advocate for the O.P. submits that the complainant is not a Consumer as she never hired services of the O.P. for consideration. It is urged that mere purchase of an Application Booklet is not hiring of service.

On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant purchased one application Booklet on payment of Rs.5/- but she has failed to produce any document to establish that she hired services of the O.P. for consideration. The complainant has not even filed any document to establish that she submitted any application for electricity connection. Hence, we hold that   the complainant is not  a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.

Point Nos.2,3&4

We have already held that the complainant is not a consumer.

On a careful consideration, we find that the Complainant has failed to establish any deficiency in service on the part of the OP. Hence, we think that the Complainant is not entitled to get any relief in this case. We do not find any justification to go into the merit ofPoint Nos.2,3 &4.

Reasons for delay

The Case was filed on 20.01.17 and admitted on 20.03.17 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

Fees paid are correct.

In the result, the complaint case fails, Hence it is

                                    ORDERED

that the complaint Case No. CC/192/2017 be and the same is hereby dismissed against the OP without cost.

         Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

    Dictated & corrected by me.

          President