Today is fixed for passing order on the point as to admissibility of the complaint.

After giving consideration to the submission advanced by the Ld. Advocate of the complainant and also to the complaint along with supportive documents we see that the complainant’s application for new electrical connection is pending disposal since 26.05.2017 at the office of WBSEDCL. The said connection could not be given in time due to non-availability of LT Network near the complainant’s house.

The authority concerned has already taken up the matter with HIDCO for creation of electrical infrastructure by laying of KV UG Cable after for tapping from existing 11 KV UG Cable located at a distance. The matter is still hanging between the WBSEDCL and HIDCO. But as we know Consumer Protection Act is a Branch of Law of Torts and tortuous liability only arises when there occurs infringement of Civil Right and the remedy is always “Damages”. The case of the complainant does not come within the ambit of Law of Torts. Which is practically been sought for in this case is mandatory injunction which files within the domain of Civil Court. The complainant is always at liberty to file a Civil Suit to obtain the desired reliefs.

Hence, it is ordered, that the case be and the same is dismissed as not being admitted.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT