SMT. BANDANA ROY, PRESIDENT,
Case of the complaint: The complainant applied for domestic electric connection bfore the OP on 11.05.2012 vide application No. 2000487712, ID No. 200365856 dated 11.05.2012. The staff of the OP inspected the premises of the complainant and submitted report of inspection before the OP. On receipt of the quotation the complainant deposited the connection charge of Rs 200/- and security deposit of Rs. 200/- by receipt No. 3216828 dated 11.05.2012 within due time. The complainant also deposited all other relevant documents. But for long the Op did not gie the electric connection in the premises of the complainant till 02.08.2018 when the complainant again filed a written petition for electric connection At this time the staff of the OP unnecessarily harassed the complainant and also lauded that without court’s order no electric connection shall be given. The complainant has suffered tremendous mental pressure for such behavior of the OP and also conceding electric less housing.
Under the above circumstances, the complainant has filed this complaint with a prayer for direction upon the OP to give electric connection in the house of the complainant and also for certain other reliefs.
The OP Mahisadal CCC under WBSEDCL contested the case by fling written version and prayed for dismissal of the petition on several grounds.
Case of the WV : The petitioner applied for new connection on 27.10.2015 and also deposited the quotation amount on 28.10.2015. As per norms agency of the OP had been to the spot for executing the connection work but in the field some persons namely Santan Das, and other local villagers raised serious objection on the ground of land disputes. Again and again the staff of the OP tried to effect the electric connection but failed to do so on the same ground. On 29.-09.2016 by Memo No. MCCC/T?-15/901 the complainant was informed about the inability on the part of the OP to give the electric connection and was also asked for alternative pathway and to file documents of land so that the OP can execute the connection but the complainant remained mum on the matter. The OP has no deficiency in service and also they are not responsible in any way for the delay in providing electric connection in the premises of the complainant.
Under the aforesaid facts and circumstances this OP prays for dismissal of the complaint.
On the pleadings of the parties as above, the following issues need be considered (1) whether the case is maintainable and whether the complainant is entitled to get the reliefs as prayed for.
DECISION WITH REASONS. .
Perused the complaint, the written version of the OPs, Perused the documents filed by the parties. Also seen the affidavit in chief filed by the complainant, the questionnaires and the answered filed thereto by the complainant. Heard the argument as advanced by the Ld. Advocate for both sides. Considered.
Both the points are taken up together for consideration for the sake of convenience and brevity.
Admittedly the complaiannt applied for a new domestic connection in h is premises on 27.10.2015 and as per rules of the WBSEDCL, the OP sent quotation and the complainant deposited the quotation money of Rs. 447/- on 28.10.2015. Admittedly as per norms of the OP Distribution Co. technical staff of enlisted agency of the OP went to the spot for providing the service connection in the premises of the complainant.
The OP contended in their written version that the work could not executed by the said staff because of strong objection by the villagers namely Santan Das and many others on the ground of land litigation. It is alleged by the OP that the technical staff of the OP took attempt several times for effecting the connection but could not succeed due to strong objection by the said persons of the locality. Hence, by a letter vide Memo No. MCC/T-15 /901 dated 29.09.2016 which has been filed by the OP the complainant was intimated regarding inability to provide electric connection in his premises due to land dispute and way leave problem. It is also stated that the complainant was asked for filing necessary documents for proper way leave so that the connection could be executed .
The complainant filed all the documents ; the Op also filed copy of the written letter.
We have perused the affidavit in-chief, the questionnaires and the reply thereto filed by the parties
It appears that the OP failed to substantiate their allegation that there is litigation relating to land and there was objection raised by the local villagers and so, they could not execute the electric connection in the premises of the complainant. When OP has admitted that the complainant deposited necessary requisite amount for installing of electric line in his premises and when the OP has stated that there was objection from the villagers of the complainant they it is the duty of the OP to prove the same by producing documents and also evidence. But from the record no such evidence is found by this Forum to establish the truth of the allegation of the OP.
Hence , we are of the view that the complainant is entitled to get electric connection in his premises as it is an emergency service and if it is not given the life of the complainant and his family members will be in crisis.
Both the points are answered accordingly in favour of the complainant.
Hence, it is
Ordered,
That the CC No. 174 of 2018 be and the same is allowed in part on contest against the OP.
The OP Distribution Co. is hereby directed to effect the service connection in the premises of the complainant within one month from the date of this order, failing which they will be liable to pay compensation of Rs. 10,000/- and litigation cost of Rs. 2000/-.
The complainant is at liberty to put the order into execution in case of failure to comply the order by the OP within the stipulated period.
Let copy of the judgment be supplied all the parties free of costs.
