DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 251/2014
Date of Filing: Date of Admission Date of Disposal:
06.05.2014 20.05.2014 09.09.2015
Complainant = Vs. = O.Ps.
Sri Rabindra Nath Dey 1. Station Manager
S/o. Late Chandra Kanta Dey West Bengal State Electricity
of Vill-Janaphul (Sanpukur), Distribution Company Ltd
P.O.-Janaphul P.S.-Habra, supply office- Habra CCC,
Dist-North 24 Parganas. P.O. & P.S.-Habra, Dist-24 Pgs(N)
2. Biren Roy
S/o. Shyama Charan Roy
Vill- Janaphul, P.S.-Habra
Dist-North 24 Parganas.
Advocate Name for the complainant:- Aloka Debray &others.
Advocate Name for the OPs:- Sachhidananda
J U D G E M E N T
Facts of the case, in short, is that the complainant is a peace loving and law abiding citizen of India and is an aged van puller by occupation also BPL card holder and resides at the address mentioned as the cause title which is within the jurisdiction of the Ld. Court. The OP is the electricity board under West Bengal State Government and used to supply electricity which is an essential commodity/emergency service.
Complainant stated that the complainant is a lawful owner and occupier of the piece and parcel of land situated at Dist-North 24 Parganas, P.S.-Habra, Mouza-Janaphul, R.S. & L.R. Dag No-2087, Khatian No-2847, are of land 08 decimals more or less and holding its record of right and used to pay taxes regularly.
Complainant also stated that the complainant applied for new connection of electricity to his above noted schedule property and paid the service connection charges of Rs 200/- and also paid security deposit of Rs 191.41/- to the WBSEDCL, Habra Supply office on 15.01.2014 and thus became a consumer of WBSEDCL with a right to get electric connection without any deficiency from the part of the WBSEDCL.
Dictated and corrected Contd. …. 2/-
C. C. Case No.-251/2014
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Complainant further stated that since then the said WBSEDCL does not give the electricity connection to the said complainant inspite of several request been made from the said the complainant, which amounts to a deficiency of service WBSEDCL.
Complainant also stated that in form the matter to the local Habra Police Station and the Police Authority lodge a G.D. Entry, vide Habra P.S. G.D.E. No-1478 dated 22.01.2014 but the police authority does not take any step for the redressal of the complainant and finding no other alternatives the complaint is bound to file this case before the Honours Court for this redressal. Hence the complaint.
OPs have contested the case by filing written version.
OPs stated that the present complaint is not tenable for non-joinder of parties. Sri Biren Roy is the necessary party.
OPs also stated that the present case is not tenable as the complainant did not take necessary steps for installation of new service connection with stipulated time and the application filed by the complainant for new service connection has no effect.
OPs further stated that on 21.03.2014 Sri Biren Roy neighbor of the complainant, filed an application before the OP stating his objection that Rabindra Nath Dey has applied for service connection, the wear will go through his land. The said application was received the OP on 21.03.2014. The OP on receiving the said application, made further inspection to install the service connection.
OPs stated that the OP No-2 informed the complainant through letter dated 14.07.2014 and asked the complainant to meet to redress the matter but the complainant neglected to solve the matter.
OPs also stated that the OP has no authority to draw any line over the land of other. It is the duty of the complainant to specifically demarcate the way to draw the service line but the complainant did nothing and now filing this case is creating pressure to draw service line through the land of Sri Biren Roy.
OPs further stated that there is no negligence on the part of the OP as such the complainant is not at all entitled to get any relief as prayed for.
Dictated and corrected Contd. …. 3/-
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Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision
It is undisputed that complainant has deposited required fees for service connection in the schedule property. But OPs did not give any electricity connection to the complainant inspite of several requests from the side of the complainant. OPs submitted that one Biren Roy filed an objection against the service connection to the complainant’s house as because the wire will go through the land of Biren Roy. Ld. Lawyer for the OPs submitted that OPs have no authority to draw any line over the land of the others. It is the duty of the complainant specifically demarked the way to draw the service line but the complainant did nothing and filed the present case for creating pressure to draw service line through the land of Biren Roy. Complainant made Biren Roy party in this case. Biren Roy appeared on 05.05.2015 and prayed for time to file written version but OP No-2 did not file any written version in this case. Even then we are of the view that OPs cannot draw any line over the land of Biren Roy but when OP No-1 has received the requisite fees, it is duty of the OP No-1 to supply electric line to the complainant’s property by following their rules. OP No-1 should give electric connection to the complainant’s property to means of any other way but without disturbing land of OP No-2.
Hence
It is ordered,
that the complaint and same be allowed on contest against the OP No-1 and dismissed against OP No- 2.
OP No-1 is directed to supply electric connection in the complainant’s property without disturbing the land of OP No-2 within one month from the date of this order, failing which OP No-1 shall have to pay sum of Rs 50/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the OP No-1 in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
Mitra
