West Bengal

Paschim Midnapore

CC/106/2014

Sri Anil Patra. - Complainant(s)

Versus

The Assistant Manager, W.B.S.E.D.C.L. - Opp.Party(s)

30 Jan 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.106/2014                                                                                                Date of disposal: 30/01/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                             MEMBER :  Mrs. Debi Sengupta.

                                             MEMBER :  Mr. Kapot Chattopadhyay.

       For the Complainant/Petitioner/Plaintiff : Mr.S. Bhattacharya, Advocate.

       For the Defendant/O.P.S.                          : Mr.S. K. Bhattacharya Advocate.  

 

 

         Sri Anil Patra, S/o-Late Radhanath Patra,Vill & P.O.-Bala, P.S.-Chandrakona(T), Dist-

       

         Paschim Medinipur……………………………………………………...Complainant.

 

Vs.

          

1)The Assistant Manager, WBSEDCL., Supply Office, Chandrakona Town CCC. At & P.S.-Chandrokona(T), Dist- Paschim Medinipur;

2) The Chairman, WBSEDCL., Bidyut Bhaban, Salt Lake City, Kolkata-700091………..Ops.

                                                           

Mrs. Debi Sengupta, Member.

 

The case of the complainant in a nut shall is that the complainant is a rustic cultivator and the cultivation is the only source of income of his and his other family members. For sufficient irrigation the complainant decided to install a submersible pump permanently in the plot no.G077 of Mouza Bala.

For getting electric connection the complainant applied before the Op. No.1 and paid earnest money of Rs.200/-. The Op. No.1 inspected the spot and after issuing quotation the Op.No.1 directed the complainant to deposit a sum of Rs.7,005/- on 30/10/2013. The complainant alleged that though issued money receipt no electric connection has been provided to the complainant till the filing of his complaint.

That the complainant requested severally to the Op. No.1 to install new service connection from the pole which is situated near the said plot No.4077. At first the Op. No.1 assured but at last

Contd…………..P/2

 

 

-( 2 ) -

the Op. failed to keep their word. The complainant alleged that till today the Op. No.1 did not install service connection without just and reasonable cause.

Finding no other way the complainant had to come before the Forum for proper redressal.

Though received the entire amount as per quotation the Op. did not perform his duly as per law and as such there is deficiency in service on the part of the Op. No.1 and Op. No.1 is liable to compensation which the complainant has already suffered.

The complainant prayed before the Forum through his prayer in the petition of complaint to direct the Op to give new electric connection to the proposed submersible pump.

The complainant prayed for Rs.25,000/- as deficiency of service and also prays for a cost of Rs.10,000/- for litigation cost. The Ops. Contested the case by filing written objection. The Ld. Lawyer for the Op. argued that the case is barred by Electricity Act. In the written objection the Op. also states that the case is barred by S.P. Act and in the complaint para 1-3 are all matters on record and paragraph 4 & 5 all are denied.

Op. submits that after receiving the quotation money connection was effected from LT overhead line by the enlisted erection contractor but the connection was temporary in nature because meter was fixed on LT PCC poles as it was paddy field and for the interest of cultivation the complainant agreed to take the connection Ops. Submit in their written objection that on 30/03/2014 the enlisted contractor attained to do their work as permanent basis but due to strong objection by the co-shares they failed to do so. The complainant also admitted the fact by a petition filed before the office of the Op. No.1 That on 29/04/2014 the authority of Op. No.1 called a hearing for amicable settlement of both parties. But the objector did not attended the office of the

The Ld Lawyer for the Op. submits that only to harass the Op. the complainant filed a false allegation before the Forum by suppress the material facts against the Op which there is no basis at all.

Therefore under the aforesaid fact and circumstances there is absolutely no deficiency of service on the part of the Op. and the Op prayed for that the complainant petition should be dismissed with cost.

Points for decisions are :-

1)Whether the Op. is deficiency in service within the meaning of Sec.2(1)(g) read with Sec.2(1) (O) of the C.P.Act 1986 ?

2)To what are the relief the complainant is entitled ?

Contd…………..P/3

 

 

 

 

-( 3 ) -

 

Decisions with reasons :

All the point is taken up for discussion complainant made his argument and submits that the service of the Op. No.1 is not satisfactory. As Op. No.1 received entire amount as per quotation but Op. No.1 did not execute his duly as per law as such Op. No.1 has cause deficiency in service  and liable to compensation which the complainant has suffered.

Ld. Advocate for the Op. on the other hand made his reply that the allegation of the complainant is baseless. In this connection it would be evident from the relevant documents that the Op. took all possible steps for rendering service to the complainant.

Op further submitted that from the documentary evidence it is clean that the complainant is enjoying electricity vide his meter No.R2X883397 and Consumer I.D. 200804730 which was already made on 07/12/2013 and as per bill the complainant is paying to date.

We have considered the case of both the parties. In view of the facts we are not of the opinions to accept the allegation established by the complainant.

As a result the Op is not liable for deficiency of service and rest issues regarding reliefs which the complainant claim leads us to dismiss the case.

Hence,

           It is ordered

                               that the complainant case be and the same is dismissed on contest without cost.

 

Dictated & Corrected by me

              

            Member                                                       Member                                     President

                                                                                                                            District Forum

                                                                                                                         Paschim Medinipur.