DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _80_ OF ___2016_
DATE OF FILING : 29.7.2016 DATE OF PASSING JUDGEMENT: 08/06/2017
Present : President : Udayan Mukhopadhyay
Member(s) : Subrata Sarker
COMPLAINANT : Biresh Chandra Ghosh, s/o late Shyam Sundar Ghosh of Vill. & P.O Chaluary, P.S. Falta, Dist. South 24-Parganas, Pin-743513.
-VERSUS -
O.P/O.Ps : Station Manager, WBSEDCL, Falta CCC,Sahararhat, Falta, Dist. South 24-Parganas, Pin-743504.
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J U D G E M E N T
Sri Subrata Sarker, Member
This is an application under section 12 of the C.P Act, 1986 filed by the complainant .
The complainant is a resident of Vill. & P.O Chaluary, P.S Falta, Dist. South 24-Parganas wherein he wanted to avail all the facilities and amenities of having electricity in his newly constructed dwelling house. Accordingly he made an application before the WBSEDCL , the O.P for installation of new service connection through overhead line in the meter room/board of his house. Thereafter the O.P conducted an inspection of the meter room /board of the complainant’s house at the schedule property and sent a quotation being Memo no.1000260386/Quot/03/1571 dt.21.10.2011 to deposit a total sum ofRs.459/-. Accordingly the complainant deposited the said amount of Rs.459/- to the O.P on 10.11.2011 vide money receipt no.0241294 and 0241295. Within few days from depositing the amount the O.P fixed some poles on the common passage near the house of the complainant and assured that within few days a new meter will be installed on laying overhead wires through the electric poles which they already installed. The O.P since then did not take any initiative regarding laying overhead wires on the poles. The complainant made several representations to the office of the O.P for doing the needful, but every time except getting assurance from the O.P that the said job shall immediately be done within one month, practically nothing has been done by the O.P. The O.P did not even send any notice to the complainant stating their difficulties ,if any.
The O.P appeared and filed only written version and thereafter the O>P did not appear and not filed any questionnaire/evidence, not also filed any BNA.
Points for decision
- Whether there is any deficiency in service on the part of the O.Ps or not.
- Whether the complainant is eligible to get relief as prayed for partly or fully.
Decision with reasons
The complainant is a bonafide citizen of India and applied for installation of a new electric connection in his own residence and also paid the requisite fees to the O.P as per their quotation. Yet the O.P did not comply the job since October,2011. The O.P has mentioned in his written version that he was prevented and/or restricted by some person who is the owner of the adjoining land at the time of laying overhead wires on the poles to install new meter in the meter room of the complainant and supply of electricity there. Only giving this excuse the O.P cannot avoid their negligency in providing supply of electricity to the complainant’s dwelling house, when under Article 21 of the Constitution of India it has clearly been mentioned that every citizen has right to get and enjoy electricity.
Hence,
Ordered
That the complaint case is allowed against the O.P.
The O.P is directed to install new electric connection in the house of the complainant within 30 days from the date of the order, to pay a compensation of Rs.20,000/- for the harassment and suffering from mental agony to pass his days without electricity since2011 and to pay litigation cost of Rs.2000/- to the complainant within 30 days from the date of this order. If not, interest @10% p.a shall be imposed on the decreeal amount till its realization.
It may be mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.
Let a plain copy of the order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member President
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the complaint case is allowed against the O.P.
The O.P is directed to install new electric connection in the house of the complainant within 30 days from the date of the order, to pay a compensation of Rs.20,000/- for the harassment and suffering from mental agony to pass his days without electricity since2011 and to pay litigation cost of Rs.2000/- to the complainant within 30 days from the date of this order. If not, interest @10% p.a shall be imposed on the decreeal amount till its realization.
It may be mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.
Let a plain copy of the order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member President
