DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS,

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. 68 OF 2017

DATE OF FILING: 24/05/2017  DATE OF PASSING JUDGEMENT: 24/05/2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :   Subrata Sarker  & Jhunu Prasad                            

COMPLAINANT      :  Dilip Shil, Son of Lalu Shil, Village- Akshaynagar, Refugee Colony, P.O- Akshaynagar, P.S- Kakdwip, Pin – 743347

• VERSUS   -

O.P/O.Ps                    : The A/E & S.M. Kakdwip C.C.C. (Consumer Care Centre), West Bengal State Electricity Distribution Co. Ltd. P.O & P.S – Kakdwip, District – South 24 Parganas, Pin - 743347

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 J U D G M E N T

Sri Ananta Kumar Kapri, President

The nub of the complaint is that the complainant made security deposit of Rs.- 31,800/- on 16.04.10 for getting electric connection to his new factory, vide the receipt no. 021172 and 021171 dated 16.04.10. But, no electric connection has yet been provided to the complainant and the security deposit amount has not also been returned to the complainant by the O.P. Now the complainant prays for a direction upon the O.P to give electric connection to his factory, or, in the alternative, to refund the security money and also for payment of compensations etc.

Hence, this case.

The O.P has filed written statement wherein it is contended by him that the complainant deposited the quotation money; but, he did not produce any other papers in compliance of rules of Department. He did not ever maintain any contact with the O.P till 12.05.15. For more than 5 years, complainant was silent. It is on 12.05.15, he submitted one application praying for refund of security money. The security money was not refunded to the complainant, as the department was busy with installation of the computer system in the office. There is deficiency in service on the part of the O.P in so far as the refund of security deposit is concerned.

Upon the pleadings of the parties the following points are formulated for consideration.

POINTS FOR DETERMINATION

• Is the O.P guilty of deficiency in service as alleged?
• Is the complainant entitled to relief/ reliefs as prayed for?

EVIDENCE OF THE PARTIES

Complaint is treated as the evidence of the complainant vide petition dated 21.09.17.

DECISION WITH REASONS

Point nos. 1 & 2

It is admitted by the O.P that complainant deposited security money of Rs.- 31,800/- with him for getting the electric connection to his new factory. It is also admitted position of the parties that the complainant filed an application on 12.05.15 praying for a refund of security money. It is not dispute by the complainant that he prayed for refund of security money. When the complainant himself has prayed for a refund of security money, his prayer for such refund may be allowed. And therefore the prayer for getting new connection of electricity is refused. The complainant is at liberty to submit a fresh application for getting electric connection if he finds it indispensible for his factory.

It has been urged on behalf of the complainant that the O.P has not refunded the security money to him despite persuasions by him from time to time. On record, it is found that the complainant slept for more than 5 years after depositing the caution money and that he did not produce requisite documents before the O.P for getting new electric connection. These facts indicate and indicate only that the complaint himself is guilty of negligence and therefore the complainant is found to be not entitled to any compensation from the O.P for alleged harassment and mental agony caused to him.

In the result, the case succeeds in part.

Hence,

ORDERED

That the complaint case be and the same is decreed on contest against the O.P with the cost of Rs.- 5,000/-.

The O.P is directed to refund the security deposit of Rs.- 31,800/- to the complainant and also to make payment of the cost amount as referred to above within a month of this order failing which the refund amount and the cost amount will bear interest @ 10% p.a till full realization thereof.

Let a copy of the order be supplied or sent free of cost at once to the parties concerned.

I/We agree                                                                               President

                   Member                                   Member

Dictated and corrected by me