The complainant is a resident of Village Deuli, P.S. Ramnagar, under Block Ramnagar on plot no. 426. In order to get service connection on his plot being no. 426 he applied before opposite party no2.to get service connection who is under direct control of the op no1.The complainant deposited earnest money of Rs 200/- on 27.11.2011, before the OP no1. Thereafter inspection was done on 7.01.2012 by the op no1. After inspection a quotation, as per WBSEDCL procedure, was issued. The complainant paid Rs 200/- as per quotation dated 10.01.12 and Rs 439/- towards security deposit. The complainant deposited the total amount on 2.02.2012 itself. However till date no electric connection is given to the house of the complainant. The complainant informed the matter to the BDO, Ramnagar 1 GP who requested and instructed the opposite parties to effect service connection at the earliest. The complainant further states that there are two existing poles one is situated adjacent to the northern side of plot no 147 which is a govt. road and the other at plot no. 145 on the eastern side of the house of the complainant, at Deuli mouza.
The Opposite Party no 1. entered appearance and filed his WV as also his WNA. The case is being heard ex-parte against the opposite party no. 2 & 3. The OP no.1 filed his WV on 7th May 2015. In para 3 of his WV and in para 3 of his WNA he categorically stated some names of the persons who were non-joinders to this case and they have also raised objection while effecting service connection to the house of the complainant.
We have perused all the documents filed by the parties. The petition of objection of Sk. Osman and others filed by the OP no. 1 goes to show that the same was filed by the objectors on 12.04.2015 which is much after the date of filling of this case. i.e after 18.03.2015.
It is the submission of the Ld. Advocate on behalf of the OP that due to objection raised by the neighbours of the complainant, OP 1 was unable to effect service connection, if that is the cause, then what debarred the OP to give connection after receiving all requisite fee after 2.02.2012, and also after 11.04.2014 when the BDO Ramnagar-1 sought for report from OP no. 1, there is no answer to that by the Ld. Counsel for the OP. There is no iota of doubt that the complainant is a consumer as per section 2(1) (d) of the CP Act 1986 under the opposite party no 1 & 2. The complainant has also filed a “NO OBJECTION” regarding effecting service connection to his premises by the other co-owners. The complainant has also filed a hand sketch map showing road map for effecting electric connection to his premises.
The ruling filed by the Ld. Counsel for the OP does not throw any light in any manner on this case, as this instant case is not on the point of Title or Ownership of the complainant.
That being the case we are of the considered view that the OP nos. 1 & 2 failed to provide service to the complainant in spite of receiving earnest money, security money and all required fees as such they are guilty of deficiency of service. The OP no. 1 & 2 are directed to effect service connection within 30 days of passing of this order. They are also directed to pay jointly and severally Rs. 10,000/- for mental pain and agony and Rs.5000/- as litigation cost, failing which the OPs shall be jointly and severally liable to pay fine @ Rs.200/- per day from passing of this order till compliance. In case the OPs fail to comply the order, the complainant will be at liberty to execute the order as per law. No order is passed against OP no. 3 as no relief is specifically sought for against the OP no. 3.
