Judgment & Order dt. 22.09.2017
Service connection charge and security money were deposited on 8.6.2017 by the complainant in order to get a domestic connection to his residence. But, no such connection was given to him by the OP. He waited and waited, but to no effect. This act of non-feasance on the part of OP, has galvanized the complainant to file the instant case u/s 12 of the CP Act, 1986, praying for passing a direction to the OP to give electric connection to his residence and to pay a sum of Rs.5,000/- as compensation for mental and physical harassment.
The OP made appearance in this case and filed one written version on 8.6.2017. The said written version was not accepted by the Forum, as it was not supported by any affidavit. Subsequently, another written statement has been filed by the OP on 21.9.2017 in the proper manner and the same is kept in the record. According to the OP, there is no deficiency in service on his part as alleged in the complaint. The positive case as made out in the written statement is that the complainant has deposited service connection charge and security money on 8.6.2017. The men of the OP also went to the house of the complainant to give electric connection to his house. But, some persons of the locality put obstruction in discharge of the duty by his men and therefore, it has not been feasible for the OP to give electric connection to the residence of the complainant. For this untoward incident, a G.D. entry has been made on 21.6.2017 in the local police station at Balurghat by the OP.
Upon the averments of the parties the following points are formulated for consideration in this case.
Points for determination:
- Has the OP committed deficiency in service as alleged by the complainant ?
- Is the complainant entitled to get relief as prayed for?
DECISION WITH REASONS
Point Nos. 1 & 2:
We have gone through the complaint, the documents filed on behalf of the complainant and also the written statement filed on behalf of the OP. Considered all these.
It is admitted fact that the complainant has deposited the service connection charge and security money on 8.6.2017 for getting electric connection to his residence. But, the fact remains that the said connection has not been given to the complainant even a month after the deposit of requisite fees as mentioned above. The question a begging answer is whether the delay caused in giving electric connection to the complainant will be treated as a sufficient ground for deficiency in service. It is the case of the OP that they went to the house of the complainant on 21.6.2017 at 11:00 am and made endeavor to give electric connection to his house. But, their endeavor ended in smoke, having being obstructed by three persons of the locality. This averment of the OP has not been controverted by the complainant and this being so, we may hold that there is certainly element of truth in the said averment of the OP. From the said averment, we can reasonably hold that the delay caused in giving electric connection to the complainant by the OP is not a deliberate one. The OP was forced to go back from the house of the complainant due to some external compulsion. The OP is a responsible officer of the electric department. He should not play like fence-sitter, whenever he is obstructed in discharge of his duty. He could have taken fruitful step by way of police help for executing his work. But, no such step is taken by him, even in 3 months of the deposit of requisite money by the complainant. Mere lodging a diary is not a fruitful step. It is just an information to police. Long silence and inertia of the OP in the matter of proper discharge of duty is tantamount to deficiency in service. Regard being had to these aspects of the incident; we do hold that the OP is guilty of deficiency in service for not giving electric connection to the house of the complainant. On the other hand, it is found that the complainant has already deposited the requisite fees for getting electric connection to his house and therefore, he is found entitled to get that connection to his house, for the reason that the electricity is an essential service to each and every citizen in the country.
Upon what have been discussed, we are of the opinion that there is deficiency in service on the part of OP and that the complainant is entitled to get relief of the electric connection to his house.
In the result, the case succeeds.
Hence,
O R D E R E D
that the case be and the same is allowed on admission of facts against the OP without costs.
Considering the facts and circumstances of the case, there is no order passed as to any compensation against the OP Department.
The OP is also hereby directed to give electric connection to the residence of the complainant within 15 days of this order and while giving such connection to the complainant, the OP may seek police help, if any untoward incident is fomented by any one with a view to causing hindrance in discharge of the duty of his men by producing a copy of this judgment before the Inspector–in-Charge of the Balurghat police station and he i.e. the Inspector-in- Charge of the P.S. shall extend adequate police help to the OP in order to pre-empt the law and order situation being deteriorated.
Let a plain copy of this order be furnished to the parties concerned forthwith free of cost.
