S.S. Ali, Member
In short the complaint case may be stated as follows:
The complainant Sri Gobardhan Das is a resident of vill: Hatipota, P.O Deulia, P.S. Kolaghat District : Purba Medinipur, Pin no:721154.The complainant applied for a new domestic electric service connection before the OP nos 1 & 2 at his bastu land situated at mouza Parit, Dag no 764.For effecting new electric connection the OP no .1 asked for way leave. The complainant took permission from the OP no.4 and submitted the same with OP no.1.He deposited Quotation money as per the quotation of the OP no.1 of Rs. 516/-.
Then the authorized men and agent of the OP no.1went to effect service connection to the house of the complainant but due to wrong selection of the land to erect poles for bringing the electricity line by the OP no.3 the farmers uprooted a pole, when the complainant approached the OP nos.3&4 to mediate the matter but the OP nos. 3& 4 did not show interest rather they obstructed the work of the OP nos. 1&2 in effecting electric service connection, for which complainant filed this case.
The OP no 1 appeared and filed WV as well as WNA. The OPnos2,3 & 4 did not contest the case, the OP no 3& 4 by a written application dated 11.10.12 withdrew their objection.
The OP no 1 contested the case by filing W/V wherein they denied all material allegations made against them. It is stated inter-alia that due to strong objection by the Headmaster / Secretary of Deulia Gram Hiraram High School the contractor of the OP no.1 could not effect the said connection to the premises of the complainant. But by a letter dated 11.10.12, the OP no.1 came to know that the dispute between the complainant and the OP no 3&4 has been amicably settled and the OP nos.3&4 had withdrawn their objection, and so the OP no 1 has given assurance that service connection will be given shortly.
Point for consideration
Whether complainant is entitled to any relief as prayed for?
Decision with reason
We have carefully gone through the photo copies as well as the photographs and the original documents on record and also the W N A filed by both the parties and also considered the submissions made by the Ld Advocate for the parties.
It is admitted position that the complainant deposited quotation amount of RS 516/-on 30.08.11 for new service connection at his dwelling house. It is not disputed that when the contractor erected few PCC poles one pole was broken by the local farmer and there after there was strong resistance from the OP nos 3&4 and the said OP nos.3&4 also lodged complaint before the Kolaghat Police Station, but by intervention of Pulita Gram Panchayat the said dispute got amicably settled between the parties, the GD and the letter of Panchayat speaks so. Thus on going through the WV filed by the OP no.1 it is clear that the OP’s have assured the complainant that service connection would be effected shortly.
At this stage we find that there is no cogent reason for the OP nos.1& 2 not to supply electric connection to the premises of the complainant when the objector themselves have withdrawn their objection. In view of the above discussion and having regards to the materials on record we feel that the complainant is entitled to get electric service connection from the OP nos.1&2 in his dwelling house according to the way leave as mentioned in the sketch map attached by the complainant in the record.
The above point is thus disposed of in favour of the complainant.
Hence, it is
ORDERED
That the instant complaint case be the same is allowed on contest in part against the OP no 1and ex-parte against the OP no. 2 but dismissed against OP no. 3&4.The parties are to bear their respective costs. The OP no 1 and 2 are directed to effect electric service connection in favour of the complainant, at his dwelling house with police help if necessary, within 45 days from the date of communication of this order failing which complainant will be at liberty to execute the same in accordance with law. In case the OP fails to comply with the said order/direction within the stipulated time he shall be liable to pay fine to the tune of Rs. 50/- per diem from the day of passing of the Order till compliance of this order.
S.S. Ali A.K. Bhattacharyya
Member President