District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 21/2015
Sri Shyam Sundar Chouhan,
S/o Late Ram Dulal Chouhan,
Vill.: Narayanpur,
PO: Laxmitala, PS: Gangarampur,
Mob-9547547964
Dist. Dakshin Dinajpur-733103 …………………Complainant(s)
V-E-R-S-U-S
1. The A.E & Station Manager,
Gangarampur Customer Care Centre
W.B.S.E.D.C. Ltd.
P.O & P.S: Gangarampur,
Dist.: Dakshin Dinajpur.
2. The Assistant Manager, (P & A),
Dakshin Dinajpur (D) Division,
W.B.S.E.D.C. Ltd.,
P.O & P.S: Gangarampur,
Dist.: Dakshin Dinajpur.
3. The Division Engineer & Divisional Manger,
Dakshin Dinajpur (D) Division,
W.B.S.E.D.C. Ltd.,
P.O & P.S: Gangarampur,
Dist.: Dakshin Dinajpur. …………………Opposite Party / Parties
Ld. Advocate(s):
For complainant ……………… - Shri Bidyut Kr. Roy & Avijit Roy
For OP Nos. 1, 2 & 3 ……………… - Shri Sudip Chatterjee
Date of Filing : 18.03.2015
Date of Disposal : 01.09.2015
Contd…P/2
Judgment & Order dt. 01.09.2015
The case of the complainant is that the complainant in order to have electricity connection in an agricultural field applied to OP-1. After receiving such application the OP-1 sent a quotation asking the complainant for depositing the requisite charges. The complainant deposited a sum of Rs. 7,299/- on account of earnest money, energy charge and meter rent etc.
In spite of full payment of all such formalities the OPs did not provide the said connection. The complainant submitted a representation on 15.1.2015 but no reply was given and the electric connection has not been provided. The complainant in order to save his family members obtained temporary electric connection by spending huge amount and to save his agriculture product from his land. The complainant stated that he met to OPs on several times with a request to supply new connection to his agricultural land. But the OPs reluctant to provide the connection which proves the deficiency in rendering service of the OPs to the consumer especially towards the complainant. Being aggrieved by not taking any step on behalf of the OPs the complainant had no other alternative but to file this case praying for giving necessary direction upon the OPs to provide the electric connection as well as to pay compensation for the suffering faced by the complainant.
The OPs filed written version whereby the OPs denied all the material allegations made by the complainant and it was admitted that the complainant applied for having LV & MV connection for agricultural purpose due to non-availability of electric parts connection could not be provided within the stipulated time. The OP-1 after his joining in his post took active initiative and tried to provide connection to the complainant. The transformer has already been installed but the connection could not be provided due to non-acceptance of connection by the complainant
Contd…P/3
and demanded isolator. The said isolator is required for the safety and security of men of the electricity authority for their own purpose and the said isolator is required to safeguard the untoward incident for having in any accident by the concerned employees of the department.
It was stated by the OPs that they persuaded the complainant to take connection and assured him that when the said isolator or the necessary parts will be available the same will be provided in the said connection. It was further stated that connection has been provided on 18th July, 2015 and such grievances of the complainant has already been fulfilled and accordingly the case is to be dismissed.
On the basis of the pleadings of the respective parties following points are to be determined :-
- Whether the complainant submitted application to OP-1 for obtaining electric connection?
- Whether the electric connection was provided, if not why the same was not provided?
- Was there any deficiency in rendering service on the part of OPs?
- Is the complainant entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of the said fact.
Ld. Lawyer for the complainant argued that as per requisition sought for by OP-1 for having connection in the land of the complainant for running shallow machine the complainant complied all the formalities by depositing a sum of Rs.7,299/- on account of earnest money, energy charge and meter rent etc. In spite of fulfillment of such conditions as laid down by the OPs the electric connection was not provided for which the complainant suffered irreparable loss and injury and his production of crops has reduced to a minimum quantity which has also caused financial loss to the complainant.
Contd…P/4
Ld. Lawyer for the complainant pointed out that the complainant after depositing the amount met officials of W.B.S.E.D.C.L. but they did not give any positive reply and ultimately the complainant sent a representation through his Advocate and in spite of receiving the said representation the OPs did not take any action for which the complainant had no other alternative but to file this case for redressal of his grievance.
Ld. Lawyer for the OPs argued that since the previous A.E. & Station Manager, Gangarampur, Customer Care Centre committed some mistakes for which the departmental proceeding was initiated against him. After joining of OP-1 at Gangarampur, Customer Care Centre, W.B.S.E.D.C.L. he has taken all sorts of initiative and visited the site wherein the complainant wanted to have connection after spot verification the OP-1 agreed to provide electric connection to the complainant but because of resistance made by the complainant the connection could not be provided.
Ld. Lawyer for the OPs in order to apprise the situation the officer concerned was asked to remain present at the time of hearing and A.E. & Station Manager, Gangarampur, Customer Care Centre disclosed that he was agreed to provide electric connection to the complainant but since there was some shortage of gadgets for which such delay was committed.
Ld. Lawyer also emphasized that the complainant raised his objection since he was apprehending that if the electric connection is provided without isolator the same may cause accident to the complainant for which the complainant raised objection but the actual function of isolator is to disconnect the connection from the main line and in no way the complainant will have to face any difficulty if the connection is provided without isolator. The apprehension for non-providing of isolator for disconnection of the connection from the main line connection and if any work is done in the said line the employees of
Contd…P/5
W.B.S.E.D.C.L. will face hardship and they may face the accident. Apart from the said fact that OP-1 himself disclosed that before ensuing Pujas some materials will be provided to their establishment and in that event the isolator will be attached with the said line and if the complainant is agreeable to allow the OPs to provide the connection the OP-1 can provide the same within 10 days from this day.
Considering the submission of the respective parties it appears that the complainant being an agriculturist applied for electric connection for his submersible pump and for that purpose he deposited a sum of Rs.7,299/- which has also been admitted by the Ld. Lawyer for the OPs. It is admitted fact that the complainant in spite of depositing the money, the connection was not provided because of the fact that the complainant raised objection since he had apprehension that the transformer has been provided for providing electric connection to his field will not function properly, since the some is a defective one that apart, the complainant apprehended that without installing of isolator in the line the accident may occur. During the argument the A.E. & Station Manager himself admitted that the isolator is not required immediately and there will be no apprehension of any danger for not providing isolator and the complainant will not be affected for not providing the same. It is also an admitted fact that OP-1 agreed that he will provide accessories including isolator which are likely to be received by his office before the ensuing Pujas. After receiving those accessories he will provide the same.
In view of the said undertaking given by the OP-1 as well as Ld. Lawyer for the OPs admitted that connection will be provided within 10 days if the complainant does not stand on the way and the Ld. Lawyer for the complainant agreed to after consultation with the complainant that he will not create any obstruction in providing electric connection by the men of the OPs.
Contd…P/6
Having regard to facts and circumstances of the case all the points are disposed of accordingly by holding inter alia that the complainant will not resist the men of OP-1 for providing electric connection and the OPs will provide the transformer, if at all required as well as the isolator and other accessories for smooth running of the connection that will be provided to the complainant.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.21 of 2015 is allowed on contest but without any cost.
The complainant will be entitled to get electric connection within 10 days from this day and the OP-1 will provide the isolator and the transformer if required before ensuing the Pujas. The respective parties are to bear their own costs.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(Sambhunath Chatterjee)
President
We concur,
……Sd/-..…… ……Sd/-..……
(S. Saha) (S. Ganguli)
Member Member
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FREE COPY [Reg. 18(6)]
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