DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE No.24/2007. Date of filing of the Case: 12.04.2007 Complainant | Opposite Parties | Sukanta Kumar Sinha S/O. Shri Swaminath Sinha Vill. Sultan Nagar Uttar Para P.S. Englishbazar, Dist. Malda – 732125. | 1. | Station Superintendent West Bengal State Electricity Board, Harishchandrapur Branch, Vill. & P.O. Harishchandrapur, (Near Harishchandrapur Rural Library) Dist. Malda. | 2. | Shri Alok Chakraborty Contractor, State Electricity Board, Malda Vill. Taraltala (Near Chanchal Collete) P.o. Chanchal, Dist. Malda. |
Present: | 1. | Shri S.K. Chakraborty, President | 2. | Smt. Sumana Das, Member | 3. | Shri A.K. Sinha, Member |
For the Petitioner : Swaminath Sinha, Authorized Agent. For the O.P.s For O.P. No.1 Siddhartha Das, Advocate. For O.P. No.2 Dibbyendu Banerjee, Advocate. Order No. 08 Dt.10.05.2007 In essence, petitioner’s allegation is that even after payment of quotation money and the report on 16.03.2006, Stn.Supdt. Harishchandrapur Group Electric Supply ( O.P. No.1) has refused to supply electric connection which, according to petitioner, is an example of deficiency on the part of the O.P.No.1 which gives rise of the present case for the reliefs mentioned in the petition of complaint. Stn. Manager, W.B.S.E.B., Harishchandrapur contests the case as O.P. No. 1 contending therein that the case is not maintainable for mis-joinder and non-joinder of necessary parties and this type of case of giving electric connection may be given on receipt of green signal from the R.E. and hence the prayer of the petitioner does not appear to be entertainable and hence should be rejected. O.P. No.2 contests the case by filing a separate written version, challenges the application on various grounds and necessary arrangement was made for installing electric connection but has been prevented by some local people on the ground that one civil suit is pending over the land and property bearing T.S. No. 45/2005 and hence the petition is liable to be dismissed. Contd……P/2 P-2 On pleadings of both parties the following points seem to be relevant for effective disposal of the case. 1) Whether the petitioner is a ‘Consumer’ in terms of Section 2 (1)(d) of the C.P. Act ? 2) Whether the case suffers from defect of parties ? 3) Whether the service of the O.P.s suffers from any deficiency ? 4) Whether the petitioner is entitled to get any relief as prayed for ? DECISION WITH REASONS Point No.1 The pertinent question that arises for a determination is, whether the petitioner, after making an application for electric connection falls within the definition of the work ‘Consumer’ as defined in Consumer Protection Act. It has been urged on behalf of O.P. Nos. 1 & 2 that even after submission of quotation for Rs.910/- on 21.12.2005. the petitioner cannot be deemed to be consumer as defined in Sec.2(15) of the Electricity Act., 2003 wherein ‘Consumer’ has been defined as a person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under the Act and also includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person as the case may be. In this connection this Forum finds opportunity to go through Section 3 of the Consumer Protection Act. As per Section 3 of the said act the provision of this act shall be in addition to and not in derogation of the provision of any other law for the time being enforced. May it be mentioned herein that the provision of Section 3 of the Act is somehow unique in its nature and despite pointed questioning could not trace or refer to any identical provision explaining thereto in any other statute. The legislature in its wisdom has in terms granted additional rights and remedies to the clause of persons constituted as consumers by this Act and it is not for the Court by way of interpretation to cut and abridge the scope thereof. These rights and remedies are not to be blocked or hamstrung either by the statutory arbitration provisions of an earlier law or by any contractual arbitration agreement of the parties to hold otherwise would, in fact, be not only getting down the scope and width of the act but in all fields one arbitration clause exists would refer it completely in applicable and, this, neogatory in the Contd…….P/3 P-3 larger light of Section 3 the remaining provisions of the Act provide additional rights, remedies, formations and executing processes of the consumer disputes irrespective of the arbitration clause, either contractual or statutory is somehow precise. Recently created rights and remedies of the clause of consumers are not to be cut down by a construction unless expressly amended by a non-obstante clause as has been observed by their Lordship in 1991, CPC 360 (Hariana). True it is that Section 2 (15 ) of the Electricity Act, 2003 specifically lays down that unless any connection is supplied to any person he could not be termed as ‘Consumer’ as defined therein but having gone through the observation of our Hon’ble Judges referred to hereinabove and the observation of Hon’ble Pondicherry State Commission reported in 1993 (2) CPR351-352, that an applicant for electricity connection is a ‘Consumer’. The submission of the ld.advocate on behalf of the O.P.s seems to be not acceptable in as much as the present petitioner has deposited proper fees of which reference has been made above. It may also be noted down herein that 2(1)(d) of the Act defines a person as a ‘Consumer’ who hires any services for consideration which has been paid, or promised, partly paid and partly promised. A person who applies for electric connection has to pay the necessary charges after the connection has given. Therefore, he is the person who has hired the services of Harishchandrapur Group Electric Supply, W.B.S.E.B. for consideration which is promised so we are of the considered opinion that the present petitioner is a ‘Consumer’. In this connection the word ‘Service’ as defined under section 2(1) (0) should also be taken into account which means service of any description, which is made available to potential users and it includes the provision of facilities in connection with the supply of electrical or other energy. In the case in hand the petitioner is a potential user of electricity and he has already paid installation charges and hiring charges of electricity. Therefore, in our considered opinion the petitioner falls within the definition of the word ‘Consumer’ as defined in the Act. In this context this Forum has taken assistance of the observation referred to hereinabove and also is fortified with the observation appearing in III(1993) C.P.J.1281 that ‘a person will pay consideration for the electricity, is a ‘Consumer’ ’; and also the observation of the Hon’ble National Commission reported in I(1993)CPJ90(NC) that, “ If no payment is made at the time of registration, it does not mean that a person getting himself registered for gas connection with the distributor is not hiring any service. ” Regarding the definition of ‘Service’. Their Lordships have further been pleased to hold that it is not necessary that consideration should be paid at the time of hiring service if the transaction is supported by consideration which has been paid or promised or partly paid or partly promised or under any system of deferred payment even then it will be a valid consideration for the hiring of service. Contd……P/4 P-4 This point is thus disposed of. Point No.2 Ld. advocate on behalf of O.P. No.1 has submitted that Rural Electrification is exclusively dealt with by the Asst. Engineer and Stn. Supdt. has no role to play in this regard; but as he has not been made party in this case, the case suffers from non-joinder of parties. This could be a valid ground had the written version been filed by somebody else than the Asst. Engineer as is evident from the endorsement appearing therein. In view of above that the case is bad for non-joinder of necessary party does not find any leg to stand on. This point is thus disposed of. Point No.3 In the present case this Forum has seen that the petitioner has deposited the required amount of Rs.910/- which includes application fee, service connection charge and security deposit vide application No.A/2004/789298 and quotation No.MLD/CSD/33KV. It appears surprising to note that O.P.W. – 2 has referred to one civil suit bearing No.45/2005 which relates to portion of property. It is to be noted herein that any person who avers of any particular fact, onus lies upon him to prove the same. In the instant case O.P. No.1 has not mentioned any thing about such civil suit in its written version. O.P. No.2 though has mentioned of such civil suit has not dared to file any document in support of such averment which, in the eye of law, belies the statement in this regard. Accordingly, without any hesitation, this Forum has reached the irresistible conclusion that the service of the O.P. No.1 suffers from deficiency which disposes of the present point in the affirmative. O.P. No.2 has no role in the present case and hence the case should stand dismissed as against him. Point No.4 In the result, the case succeeds. Proper fees have been paid. Hence, Ordered that Malda D.F. Case No.24/2007 be and the same is allowed on contest against O.P. No.1 and stands dismissed as against O.P. No.2. Contd…….P/5 P-5 The petitioner do get electric connection. The O.P. No.1 do take necessary steps for providing connection and the supply of electric energy to the petitioner by installing a separate meter within 30 days from date failing which the petitioner be at liberty to take recourse to law. Asst. Engineering, R.E. do render all kinds of assistance to Station Manager, Harishchandrapur, Group Electric Supply to execute the order within the stipulated period. Let a copy of this order be given to both the parties free of cost. Sd/- Sd/- Sd/- Sumana Das A. K. Sinha S.K. Chakraborty Member 10.05.2007 Member 10.05.2007 President 10.05.2007 D.C.D.R.F., Malda D.C.D.R.F., Malda D.C.D.R.F., Malda | 
