DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 Complaint case No.136/2014                                                         Date of disposal:30 /01/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

 For the Complainant/Petitioner/Plaintiff : Mr. S. Das,  Advocate.

 For the Defendant/O.P.S.                       : Mr. R. Singha, Advocate.                                  

 Sri Rajesh Dutta, S/o Dulal Dutta, Mahatabpur (Near Burning Ghat), P.O. + P.S. = Medinipur,

 Dist- Paschim Medinipur…………..Complainant.

                                                           Vs.

1)The A.E & Station Manager, W.B.S.E.D.C.L., P.O. Medinipur, Dist- Paschim Medinipur, Pin-721101.

2)Goutam Pakhira, S/o Gostha Pakhira, Secretary of Shiv Mandir Unnayan Committee, at Mahatabpur, P.O & P.S = Medinipur, Dist- Paschim Medinipur, Pin-721101…………Ops.                  

         The case of the complainant Sri Rajesh Dutta, in short, is that he purchased Plot No.180 of Mouza, Mahatabpur where he wanted to get new electric connection and accordingly moved before the Op with quotation money.  It is alleged that despite payment of the quotation money on 22/04/2014, OP is not giving the connection.  So, the complainant prays for direction accordingly.  In this connection, certain documents namely Money Receipts, Quotation Application are produced by the complainant. 

         The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action.  Apart from that, the complainant has suppressed the real information and is trying to mislead the Forum.  Thus, the case should be dismissed.

         Upon the case of both parties the following issues are framed.

Issues:

1)Whether the case is maintainable in its present from?

2)Whether the complainant has any cause of action for presentation of this petition of complaint?

Contd…………….P/2

                                                          - ( 2 ) -

3)Whether the complainant is entitled for getting relief as prayed for.?

Decision with reasons

Issue Nos.1 to 3:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that it is a bona fide case where the complainant moved for new electric connection on payment of required fees and charges in favour of the OP.  So, necessary direction may be passed in favour of prayer of the complainant.

              Ld. Advocate for the Op raised strong objection mentioning that there is no suitable way for erection of lines from nearest electric pole to the premises of the complainant in spite of due effort on the part of OP.  In view of the fact, there is no deficiency of service as alleged by the complainant and as such the case should be dismissed.

            We have carefully considered the case and it appears that the complainant deposited quotation money and other charges in favour of the OP.   If that be so, we do not find any ground to encourage the plea of want of feasibility or way leave in the matter of giving electricity line from the near by electricity post.   Besides, the rough sketch relating to drawing up electricity line as displayed by the complainant is found to have not been challenged by the OP with relevant materials.

             In view of the facts and circumstances, as discussed here in above, we do not find any bona fide ground to encourage the plea of the OP but to give direction for giving new electric connection as prayed for.

             Thus, all the issues are held and decided accordingly.  As a result, the complainant is entitled to get new electric connection to his premises as per way leave to be shown by him.   

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is allowed  on contest  without cost.

      The complainant is entitled to get new electric connection to his premises subject to necessary formalities to be observed by him in this behalf.

      The Op W.B.S.E.D.C.L is hereby directed to provide new electric connection in favour of the complainant within 15 days from this date of order failing which the complainant may move before us in accordance with the provisions of law.

Dictated & Corrected by me

         President                          Member              Member                             President

                                                                                                                  District Forum

                                                                                              Paschim Medinipur.