DATE OF FILING                    :     28/03/2014.

DATE OF S/R                            :      13/06/2014.

DATE OF FINAL ORDER      :     26/11/2014.

Smt. Uma Rani Chowdhury,

opposite ‘Health for All’, Kantalla, Makardha,

Howrah – 711409.……………………………………………………  COMPLAINANT.

• Versus -

   

  1.         The Assistant Engineer  &

              S.M. WBSEDCL,

              CCC/Salap Branch, Salap Bazar,

              Howrah – 711409.

   

  2.         The Assistant Engineer & S.M.,

              WBSEDCL, Domjur Group, E/S II, near Domjur Hospital,

              Howrah – 711409.

   

  3.         The G.M., WBSEDCL, Zonal Office,

              19/A, British Indian Street ( 4^th floor ),

              Kolkata – 700069.…………………………………………OPPOSITE PARTIES.

   

   

                                                  P    R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member      :      Shri P.K. Chatterjee.

        Member       :     Smt. Jhumki Saha.     

   

                                                   F  I   N   A    L       O    R   D    E     R

   

• The instant case filed by the complainant namely Uma Rani Chowdhury U/S 12 of the C .P. Act, 1986 ( as amended upto date ) has prayed for a direction to be given upon the O.P. WBSEDCL Authority, alleging deficiency in service U/S 2(1)(g) (o) of the C.P. Act, 1986. for shifting the service connection (S.C. No. MK/6/841 C 060083 ) within the same premises at dag no. 397 and khatian no. 890 of Kantala Mouza in spite of the facts that she deposited Rs. 5,076/- on 13-02-2009 as shifting charges vide receipt no. OR/E/080995470 dated 13-02-2009 against quotation dated 15-12-08 ( DMES-11/101/923) along with other/s as she entitled to.

   

   

• The o.ps. WBSEDCL Authority vide their written version contended interalia denied all the allegations and opined that the instant case is barred by limitation and the connected papers relating to shifting the service connection is not traceable at the office of the o.p. with the presumption that the said shiftingworkshas been effected long back and raised and challenging the norms against deposited quotational money on 13-02-2009 against quotation served dated 15-02-2008. This answering o.ps. also opined that the complainant has filed the instant case suppressing all the material facts and by misrepresentation and the instant complaint petition is absolutely misconceived and is liable to be dismissed with costs.

   

   

• Upon pleadings of both parties two points arose for determination :

• Is there any deficiency in service on the part of the O.Ps./

  WBSEDCL Authority?

• Whether the complainant is entitled to get any relief and compensation as prayed for?

   

   

  DECISION  WITH   REASONS      :

   

1. Both the points are taken up together for consideration. Admittedly the complainant is a bonafide consumer under Service connection no. MK/6/841 C 060083 applied for shifting the service connection within the same premises at dag no. 397 and khatian no. 890 of Kantala mouza where the shifting charging of Rs. 5,076/- deposited vide receipt no. OR/E/08-09/95470 dated 13-02-09 against quotation dated 15-12-2008. On scrutiny of the complaint filed by the complainant we trace clear admission that the complainant deposited the necessary shifting charges on 13-02-2009 withinthe valid time against quotation dated 15-12-2008 and in terms of WBSERC norms there is a time frame to complete the job where quotational money already deposited. But the o.ps. i.e., WBSEDCL Authority turned a deaf ear to take up the job in spite of repeated requests. The o.ps. did not adduce any documents in favour of them for non taking up the job in time nor they ventilated any hurdle faced for taking up the job. The written version submitted by the o.ps. is a confusing one and is not tenable to the appropriate court of law.

    

2. In view of such glaring admission we are constrained to hold that the o.ps. have miserably failed to discharge their duties by not taking up the matter ( shifting of existing service connection ) which tantamount a gross deficiency in service for which it is a fit case where the complainant is entitled to get relief as prayed for.

    

    

   Both the points are accordingly disposed of.

    

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 167 of 2014 ( HDF 167  of 2014 )  be  allowed on contest with costs against o.p. no. 1.

      The o.p. no. 1 i.e. Station Manager, WBSEDCL Authority be directed to shift the service connection at dag no. 397 and khatian no. 890 of Kantala mouza where shifting  charges deposited against site surveyed earlier within 30 days from the date of this order.

      The complainant  do get award of Rs. 5,000/- as  compensation for the mental pain, agony and prolonged harassment.

      The complainant is  further entitled to litigation costs of Rs. 1,000/- from the o.p. no. 1 i.e. Station Manager, WBSEDCL Authority, within the stipulated time as above i.d., the entire amount shall carry an interest at the rate of 9 per cent p.a. till full satisfaction. 

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F., Howrah.