Dt.04.12.15
JAGANNATH BAG, MEMBER
The present appeal is directed against the Order dated 13.03.14, passed by the Ld. District Consumer Disputes Redressal Forum, Dakshin Dinajpur in Consumer Complaint No. 43/2013 , whereby the complaint was dismissed on contest against all the OPs without cost.
The complaint case, in brief, was as follows:
The Complainant applied for and was sanctioned a loan of Rs. 25,000,00/- under PMEGP Scheme for starting an industrial unit for which he applied for an electric connection before OP Nos. 1 and 2. He deposited Rs. 2,010/- as earnest money with the station Manager , Balurghat Group Electric Supply.
The Electricity Department issued a letter dated 29.09.2010 asking him to deposit Rs. 2,00,000/- for the electric connection, though the department intimated verbally that an amount of Rs. 20,000/- / 25,000/- would have to be deposited for the purpose of quotation. The Complainant informed the higher authorities including the District Magistrate, Savadhipati of Zilla Parishad and the Divisional Electric Engineer. The Electricity Department allegedly harassed the Complainant and did not provide the electric connection on the plea that a new transformer would have to be set up at a cost of about Rs. 2,00,000/-. The Complainant obtained two Insurance Policies from the National Insurance Company Ltd., for coverage of the building , stock and other articles of his manufacturing unit on payment of due premium . An Advocate’s notice was issued on 12.03.2013 with a demand of Rs. 20,00,000/- on ground of deficiency in service and negligence on the part of the Electricity Department. The Complainant has not been able to start or operate the production unit under the scheme of PMEGP . He sent his last demand notice dated 12.03.2013 to the Assistant Engineer, Group Electric Supply WBSEDCL, Balurghat, but no action was taken . Hence, the complaint petition was filed before the Ld. Forum below with prayer for direction upon the OP Nos. 1 and 2 to pay compensation of Rs. 20,00,000/- out of which Rs. 14,57,182/- was outstanding loan dues with the United Bank of India, Balurghat Branch, and Rs. 5,42,818/- as compensation for loss of tools and plants , harassment and mental agony.
The complaint was contested by OP Nos.1 and 2 who filed W.V. denying all material allegations . It was admitted that the Complainant deposited a sum of Rs. 2,010/- as earnest money at the time of filing the application for new connection since a new 16 KVA transformer was required for giving the electric connection , the existing 63 KVA transformer being overloaded . The Electricity Department sent a quotation of Rs. 1,09,729/- for the industrial electric connection. As the Complainant did not deposit the said amount of Rs. 1,09,729/- , the connection could not be provided . There was no deficiency in service on the part of the OPs and as such , the complaint was liable to be dismissed.
OP No.3, namely ,United Bank of India , Balurghat Branch, also filed a W.O stating that since they were not a necessary party , their name should be expunged.
Ld. Forum below having considered the materials on record and upon hearing of the Ld. Advocates of the parties concerned observed that there was no evidence from the side of the Complainant to show that he was intimated verbally by the Electricity Department that he had to deposit a sum of Rs. 20,000/- Rs. 25,000/- for his industrial electric connection. The Complainant was directed to deposit a sum of Rs. 1,09,729/- within 90 days from the date of issuing the quotation . The Complainant did not deposit the said amount. There being no negligence or deficiency in rendering service on behalf of the Electricity Department, the Complaint was dismissed on contest against OP No. 1 and 2, and also against OP No.3, as no relief was claimed from OP No. 3.
Being aggrieved by and dissatisfied with the order of the Ld. Forum below , the Complainant - turned-Appellant has come up before this Commission with a prayer for direction to set aside the impugned order.
We have perused the memorandum of appeal together with the copy of the impugned order , the petition of complaint , the W.V. filed on behalf of OP Nos. 1 and 2 , the W.V filed by OP No.3 , the quotation dated 29th September 2010 issued by the Station Manager , Balurghat Group Electric Supply and other papers including letters addressed to the Divisional Engineer , Balurghat WBSEDCL / the District Magistrate , Balurghat . The legal notice addressed to the Asst. Engineer , Balurghat Group Electric Supply , the letter addressed to the Ld. Advocate of the Complainant dated 18.05.2013, etc.
Ld. Advocate appearing for the Appellant submitted that the Respondent /OP neglected to give the new electric connection to the Complainant on the plea that a new transformer would have to be set up as the near-by existing transformer was overloaded. In fact, the staff of the Electricity Department informed the Complainant that Rs. 20,000/- / 25,000/- would be required for installation of a new transformer which was denied by the electricity office. In similar other cases , the Electricity Department charged less amount for installation of new transformers, but in the case of the Complainant it was an arbitrary claim by the OP Respondents for deposit of a much higher amount which the Complainant could not afford. Accordingly, the Complainant could not start his industrial unit and in the absence of production at his industrial unit , he had to suffer financial losses particularly in view of the burden of loan repayment to the OP No.3. This was a deficiency in service on the part of the Respondent /OP and the order passed by the Ld. Forum below does not have any reflection of that point . Accordingly, the impugned order may be set aside and the complaint may be allowed.
Ld. Advocate appearing for the Respondent / OP submitted that as part of formality in the matter of supply of new electric connection a quotation was raised for installation of a new transformer to meet the demanded load of the Complainant which was not paid . Further, there was no verbal communication from the OP 1 or OP 2 that Rs. 20,000/- / Rs. 25,000/- would be required to be deposited for installation of a new transformer. Ld. Forum below rightly observed that no evidence could be produced by the Complainant / Respondent in support of their contention . Every case of installation of new transformer is considered separately on the basis of the required supply load and extension of electric line which varies from case to case and the Appellant’s submission that there were some other cases where the electricity department sent quotation of lower amounts can not be treated as a very convincing ground for a lower quotation in his case. The complaint was rightly dismissed by the Ld. Forum below.
The point for consideration is whether there is any material irregularity or legal infirmity in the impugned order passed by the Ld. District Forum below.
Decision with Reasons :
It is an admitted fact that the Appellant / Complainant applied to the OPs for new electric connection for his industrial unit and it is also a fact that he took loan from OP No.3 for setting up this industrial unit. It is again not a disputed fact that the Appellant/Complainant deposited Rs.2,010/- at the time of filing his application. The main dispute is regarding the claim of the Appellant /Complainant that a sum of Rs. 2,00,000/- was demanded by the OP Respondents for providing new electric connection to his industrial unit.
It has been rightly observed by the Ld. Forum below that there was no evidence to prove that the Complainant was intimated verbally to deposit a sum of Rs. 20,000/- / Rs. 25,000/- for his industrial connection. On the contrary, it was the written quotation issued by the Respondent/OP that a sum of Rs. 1,09,729/- was required to be deposited for installation of a new transformer from which the supply of electricity could be effected as applied for by the Appellant/Complainant.
It also appears that the Appellant /Complainant did not in any manner make it a point before the Ld. Forum below that in similar situation , the OP Respondent issued quotation of lesser amounts for installation of new transformer for purpose of providing electric connection to them.
The entire material on record including the petition of complaint suggest that at no point, the Complainant / Appellant was asked to deposit Rs. 2,00,000/- for installation of a new transformer which the Complainant / Appellant asserted repeatedly. The observation of the Ld. Forum below appears to be reasoned and based on evidence and the impugned order has been passed taking into consideration all material facts. We find no reason to interfere with the impugned order. The appeal , in the result, does not succeed. Hence,
Ordered
That the appeal be and the same is dismissed . The impugned order is confirmed. There shall be no order as to costs.
