This is an application U/s 12 of the Consumer Protection Act filed by the petitioner Bishnu Pada Mati praying for an order of providing electricity connection by the OP in his favour and also compensation of Rs.50,000/- and litigation cost Rs.10,000/-.
The case of the petitioner is that he is a permanent resident of Village and Post Puinan under Dadpur P.S. and owner of schedule mentioned property being
plot no. 3831 . He applied for electricity before the oP as there is no electric connection though his neighbour has the same connection. There is a six ft. wide common passage through which electric line enter to different neighbours . He applied in the prescribed form of the OP who acknowledged the same on 2.7.2012 and after enquiry he deposited earnest money of Rs.200/- and security deposit of Rs.319/- . Quotation was issued and was valid for 90 days. The petitioner fulfil all formalities and on 7.4.2013 contractor of OP came to him to provide meter but without providing meter he returned . On 14.4.2013 contractor again came but no electric connection given . The petitioner went to the Op several times but connection is not given , then finding no alternative he filed t his case.
The OP WBSEDCL appeared in the case filed written version but did not contest the case and thus the case is heard exparte against the oP/WBSEDCL.
The only point to be decided here is whether the petitioner is entitled to get electric connection in his schedule mentioned property by the OP ?
DECISION WITH REASONS :
In support of his case the petitioner Bishnupada Mati appeared before the forum and filed affidavit in chief submitting that he is a permanent resident of Village and Post Puinan under Dadpur P.S. and owner of schedule mentioned property being plot no. 3831 . He applied for electricity before the oP as there is no electric connection though his neighbour has the same connection. There is a six ft. wide common passage through which electric line enter to different neighbours . He applied in the prescribed form of the OP who acknowledged the same on 2.7.2012 and after enquiry he deposited earnest money of Rs.200/- and security deposit of Rs.319/- . Quotation was issued and was valid for 90 days. The petitioner fulfil all formalities and on 7.4.2013 contractor of OP came to him to provide meter but without providing meter he returned . On 14.4.2013 contractor again came but no electric connection given . The petitioner went to the Op several times but connection is not given , then finding no alternative he filed t his case. He also filed documents being his application before the OP/WBSEDCL and money receipts of Rs.200/- as earnest money and Rs. 319/- as security deposit
and inspite of several written application he is still deprived of the connection . The above oral as well as documentary evidences of the petitioner proved his
case exparte as all the evidences went unchallenged and there is nothing to disbelieve the case of the petitioner.
In view of the above discussions and findings the claim case succeeds exparte.
Court fees paid on the petition is correct.
Hence ordered
That the Complaint case 14 of 2014 be and the same is allowed exparte with cost of Rs.1000/- against the oP WBSEDCL. The petitioner is entitled to get electric connection in his schedule mentioned property as mentioned in the body of the judgement from the Op who is directed to give new electric connection to the petitioner who already deposited the earnest money and security deposit and thus the oP is to give the connection within 30 days from the date of this order. The petitioner is also entitled to Rs.1000/- as compensation for the harassment and mental agony and Rs.1000/- as litigation cost. If the Op does not comply the order of the forum within 30 days then the petitioner would be at liberty to put the order in execution and also the amount mentioned in final order would carry 9% interest after the expiry of stipulated period.
Let a copy of this order be made over to the parties free of cost.
