Ld Advocate for the complainant is present. Judgement is ready and pronounced in open Commission in 3 pages 2 separate sheet of papers.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the complainant is a citizen of India by birth and a permanent resident of the above noted address within the jurisdiction of the Ld. District Commission, Purba Medinipur.The Electricity being the utmost essential service for the survival in the life, the Complainant applied before the OP for a new service connection in due procedure in the last part of the year 2021. The OP then, by accepting the said application and after making required field enquiry and being satisfied about the availability of free Way leave etc, issued Quotation vide Application no2004231516 Reference ID- 203932391, Quotation Date - 15.03.2023 Quotation Due date being - 13.06.2023 and the Complainant was asked to pay the quotation amount of Rs 2104/- which was readily paid by the Complainant on 15.03.2023 vide receipt no.s YIC41787051750 dtd 15.03.2023 for Rs. 2104/- to the OP’s office. The OP therefore actually caused and connected the service connection at the house of the complainant on 15.03.2023, but thereafter, on 24.03.2023, all on a sudden, they disconnected the said service connection and removed the meter without showing any reason. Therefore the complainant severally asked and requested the OP to connect the service Connection, and also repeatedly asked and requested them to show the reason for such disconnection. Therefore, on 31.03.2023 it was replied by the OP that as “theft bill” i.e. OSD is due on that premises, they voluntarily disconnected the service connection, even after installing the meter. It is hereby mentioned here that a police case bearing no. Marishda P.S. Case No16/2018 u/s 135(1)(a) of Electricity Act 2003 was initiated against the husband of the Complainant, and as per order of Hon’ble High Court at Calcutta in C.R.M. (A) of 1377 of 2023, order dated 11.04.2023 and 31.03.2023, the husband of the complainant has deposited 50% of his Final Assessment Bill and is on bail as per the order of Hon’ble Court. But still, since then till date, the OP has not given the service connection to the house of the complainant despite of realising the quotation money as per settled principles of law and equity, and thus acted /omitted with gross negligence and deficiency in service causing a serious mental agony and pain to the complainant and his family. The OP intentionally and purposefully denied the essential electric connection at the house of the Complainant till date. That the complainant is therefore preferring this instant case before Hon’ble Ld. Commission against the negligence, deficiency in service and illegal activities of the OPs. All the relevant papers and documents have been filed in photo copies. Therefore, the complainant prays for directing the Opposite Parties: To install the essential electric connection at the shop cum house of the complainant with immediate effect,to pay a compensation of Rs.30,000/- to the complainant by OP for negligence and deficiency in service. to pay litigation cost of Rs. 10,000/-to the complainant for conducting this case, and to pass such other reliefs as the Ld. Commission may deem fit and proper.

Notice was duly served upon the op. However, the op has preferred to see that the case be decided ex-parte against it.

Points for determination are:

1. Is the case maintainable in its present form and in law?          

2.   Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transactions made by him with the O.P in the matter of connection of electricity.The case is maintainable in its present form and in law.

        Now, on evaluation of the facts and circumstances of the case evidence on record, it appears that the complainant has not mentioned anything about the plot no/ Dag no-, Khatian NO-,Mouza or any details about the premises or schedule of property as to where the electric connection  requires to be effected. There is no document to show in which capacity either as owner /possessor or tenant etc she prayed for getting connection of electricity. Of course, she has filed some copies of ROR which have got no any manner of  reference in the complaint. Moreover , all the Dags 3155,3162 and 3153 are classified as Jal Doba etc as wetland in the said ROR. No sanctioned plan / certificate from Panchayat has been filed for showing existence of any shop or dwelling house in the name of the complainant.  Therefore , we are of opinion that the complainant has failed to bring home any element of deficiency of service against the op. She is not entitled to get any relief in this case.

Both the points are decided accordingly.

The complaint case does not succeed.

Hence, it is

O R D E R E D

That the CC/53 of 2023 be and the same is dismissed ex-parte against the OP. No order as to costs is passed.

Let a copy of the judgment be supplied to the complainant free of cost.