BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case is that the Complainant is a citizen of India by birth and a permanent resident of the above noted address within the jurisdiction of this District Commission, Purba Medinipur. The Electricity being the utmost essential service for the survival in the life, and for maintaining his livelihood, the Complainant applied before the Op No.1 for a new agricultural service connection in due procedure on 27.12.2021. The Op No.1 then, by accepting the said application, asked the complainant to pay the quotation amount of Rs. 1587/- which was readily paid by the Complainant on that 27.12.2021 vide transaction ID WPHW0565800689 dtd. 27.12.2021 for Rs. 1587/- to the Op’s office, and he has been provided his Consumer ID as 203473733. The OP No.2 is a contractor under the OP No.1 who, being authorised and directed by the OP No.1 therefore, attempted to connect the electric Line in February, 2022 and also took a huge amount from the complainant quite illegally as bribe but for no reason, suddenly he stopped his work and went back, without connecting the line and without explaining any reason for that. 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 non-connection but the Ops kept mum. Since, then the OP has not given the service connection to the meter room of the complainant despite  realizing the quotation money as per settled principles of laws 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. The complainant is therefore preferring this instant case before the Ld. Commission against the negligence deficiency in service and illegal activities of the Ops. The relevant papers and documents have been filed in Xerox copies. Therefore, the complainant prays for directing the Opposite Parties to install the essential electric connection at the premises of the complainant with immediate effect. To pay a compensation of Rs. 30,000/- to the complainant by Ops jointly & severally for negligence and deficiency in service and for intentionally causing harassment pain, business loss and mental agony. To pay litigation cost of Rs. 10000/- to the complainant for conducting this case. To pass such other orders of relief as the Commission may deem fit and proper.

 Notices were issued upon both the Opposite Parties. Despite service of summons the OPs did not appear to contest the case. Hence, the case is heard ex parte against the OPs.

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 and assessed the affidavit of the complainant, evidence of complainant and other documents.

         Having regards had to the facts and circumstances of the case it is evident that  the complainant being a consumer has alleged deficiency in service against the ops ; the bundle of facts indicate that this case is maintainable in its present form and in law.

         From evaluation of the unchallenged testimony of the complainant and the payment receipts issued by OP-1 is evident that the Complainant applied before the Op No.1 for a new agricultural service connection in due procedure on 27.12.2021. The Op No.1 then, by accepting the said application, asked the complainant to pay the quotation amount of Rs. 1587/- which was readily paid by the Complainant on that 27.12.2021 vide transaction ID WPHW0565800689 dtd. 27.12.2021 for Rs. 1587/- to the Op’s office, and he has been provided his Consumer ID as 203473733. The op-1 has not turned up to confront the version of the complainant.

         The op-1 has repudiated the demand of service after realization of money and thus had fallen in the arena of mischief of deficiency of service. The complainant is entitled to get the electric connection immediately at his premises, compensation and litigation cost from the op-1.

          Complainant is not entitled to get any  relief  as against op-2.

          Both the points are decided accordingly.

          Thus, the complaint case succeeds exparte.

Hence, it is

O R D E R E D

That the CC/83 of 2022 be and the same is allowed exparte against the op-1 and dismissed against op-2.

The OP-1 is hereby directed to install the electric connection  at the premises of the complainant as shown in the rough sketch map/ way leave filed by the complainant within 45 days from the date of this order.

The op-1 will pay Rs.1000/-as compensation and Rs.1000/- as Litigation cost to the complainant within 45 days from the date of this order.

The complainant will be at liberty to put the order into execution if requires.

Let a copy of the judgment be supplied to each of the complainant and the OP-1 free of cost.