Non-effect of electrical connection for STW connection to the consumer by the OP has aggravated the consumer to lodge this complaint for redressal u/s 12 of the CP Act, 1986.
The instant complaint may be epitomized that the complainant prayed for STW connection for the purpose of cultivation and paid the quotation amount and other charges for an amount of Rs.7,699/- on 7.11.2017, but the connection has not been effected till the date of lodging this complaint on 13.3.2018. The complainant had lodged a complaint with the office of the Assistant Director, CA & FBP, Dakshin Dinajpur, Regional Office and according to the decision dt. 30.1.2018 of the said office. The OP assured to provide the said electric connection within 10 days, but that has also been failed. Now, the complainant has claimed Rs.1 lakh as compensation and mental pain and agony for his loss of cultivating production. The Application No. for connection is 4001965241 and new connection ID No. is 402023283 of the complainant.
The OP in his written version has denied all the allegations and even denied of receiving the quotation amount as stated in the complaint of the complainant. At para-8 the OP has accused him of pilferage for which he has been arrested and has been granted anticipatory bail vide CRM No.58/2016 on payment of 50% of the provisional bill i.e. Rs.26,711/- for his domestic connection. He has stated more that the complainant had moved to the Hon’ble High Court, Kolkata vide W.P. No.3884/2017 and according to the order of the Hon’ble High Court his domestic connection has been restored on 19.6.2017. He has been charged of theft of energy with a total outstanding amount of Rs.30,947.36.
On argument the Ld. Lawyer appearing for the complainant stated that the case of pilferage has been raised by the OP regarding the domestic connection of the complainant for meter No.G01763655. It is also a fabricated charge against the complainant, as the complainant disagreed with the bill amount sent by the OP. The case is subjudice under the Hon’ble High Court, Kolkata and 50% payment of the outstanding bill has been made on 19.6.2017 in compliance with the order of the Hon’ble High Court. The complainant has prayed for STW connection in November, 2017 and the OP has prepared and demanded quotation amounting to Rs.7,699/- which has been paid. He argued more that W.P. No.3,884/2017 is pending with the Hon’ble High Court and there also in his order dt. 5.6.2017, the Hon’ble High Court has showed a suspicion regarding the charges of theft of electricity against the OP in their observation.
Ld. Lawyer appearing for the OP on argument referred to a notification bearing No.46/WBERC dt. 31.5.2010 wherein at clause 13.9 it has been told of clearing all outstanding dues on any other connection for a new connection. Moreover, the theft of electricity charges case is till pending with the Hon’ble High Court, Kolkata, so the latest order of the Hon’ble High Court should be awaited
Points for discussion:
- Whether the complainant a consumer ?
- Should the instant case be decided at this Fora?
- Is there any deficiency in service on the part of OPs ?
DECISION WITH REASONS
The written version and argument of both parties have been heard at length. It is true that the theft of electricity case regarding the domestic connection of the complainant is pending. But the observation at an order dt. 5.6.2017 of Writ Petition (w.p.) No.3884/2017 by the Hon’ble High Court may be reproduced: “It is an unbelievable story, more particularly when a consumer found that there is no recording of consumption in the meter, yet he would embark to an artificial means bypassing the meter to consume the electricity. Such a consumer has been taken into a criminal court, as a First Information Report is lodged by the Distribution Company, and the consumer is forced to deposit 50% of such illegal demands to get bail.” This observation reveals the spirit of the Hon’ble High Court. The OP has referred to clause 13.9 of notification No. 46/WBERC dt. 31.5.2010, this also has been taken into consideration. It is fact that the OP has taken charges by providing a quotation to the complainant and now they are proposing to refund the money with interest. But, we are of the view that the charges of theft still remains subjudice under the Hon’ble High Court, Kolkata. But, in the said order dt. 5.6.2017 it was said that hearing of the case was to be held in the month of August, 2017, but no party has produced any order of any further hearing of the said writ petition after 5.6.2017. The complainant is by profession a farmer and electricity is basic necessity today for doing the cultivation.
Hence, it is
O R D E R E D
that the OP is instructed to provide electrical connection for the STW connection having reference ID No.402023283 within 30 days from the date of this order. No compensation is allowed but litigation cost of Rs.2,000/- is to be paid to the complainant by the OP. Failing to comply with the order for providing electrical connection within the stipulated period of time, the compensation amount of Rs.1 lakh is to be paid to the complainant for causing damage to livelihood by the OP. The case succeeds on contest.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
