Order No. 12 Dt. 21.03.2017
This is an application U/S 12 of the Consumer Protection Act, filed by the petitioner Sri Yukta Debnath, praying for an order to give connection of his shallow pump and the O.Ps did not supply the electric connection. So he filed this case before this Forum claiming compensation of Rs.100000/- for loss of earning from the land and Rs. 50000/- for mental harassment.
The fact of the case in short is that the petitioner is a resident of the locality and he applied for electric connection of his shallow pump before the O.Ps and his application No. 3000688419. On the basis of the same he deposited the quotation amount of Rs. 6770/- on 24.02.2014. As per the receipt No. 65667 and 65668 vide Consumer Reference No. 300779146 at Gazole Customer Care Centre. But the petitioner did not receive any electric connection. He rushed to the O.P office several times but in vain. Thereafter he filed Advocate’s notice but he did not receive any relief. As per their quotation the petitioner deposited money on 03.12.2013 but till date he did not receive any connection. So he filed this Forum as per the relief as mentioned above.
The O.Ps W.B.S.E.D.C.L. contested the case by filing a written version wherein they denied the material allegations made in this claim case and submitted that the petition is not maintainable according to law. The connection is going on as per the serial of the applicants and the Serial No. of the petitioner is 752. Out of that serial 327 numbers of applicants already received the connection. There are no latches on the part of the electric department.
On the above cases of the parties the following issues are framed
- Is the claim case 26/2016 is maintainable in its present form ?
- Whether the petitioner has any cause of action to file this case?
- Whether there is any deficiency in service on the part of the O.Ps?
- Whether the petitioner is entitled to get any relief as prayed for?
::DECISION WITH REASONS::
Issue Nos. 1,2,3 and 4
All the issues are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
In support of his case the petitioner Yukta Debnath deposed before this Forum as P.W.-1 and He filed some documents which are marked Ext.-1, Deposit Slip of Rs. 6740/-, Ext.-2, Quotation, Ext.-3 Advocate’s Notice, Ext.- 3(i) Postal Receipt, Ext. -4 Application dt.10.08.2015 to the O.P.
The P.W.-1 narrated the fact on dock which is stated in the plaint and we are also convinced at the time of argument that the petitioner filed an application on 10.08.2015 i.e. Ext.-4, for supplying connection in the new meter. So the cause of action starts and revive by this application and as per the submission of the Ld.Advocate for the O.P. has no leg to stand on the point of limitation.
It is true that at the time of inspection the petitioner admits that the meter room was not completed and we are also perusing the evidence the Electric Department give connection to the applicants maintaining serial. It is true that demand is maximum for lifting water from the under- ground but the source are limited. Till in our country there is no law to restrain to lift water from underground by electric connection.
Ld.Adovcte for the O.P. submits that he instructed his client to take care for immediate connection and for that reasons we pass this order as follows:
The O.Ps are directed to give electric connection to the meter of the petitioner in expedite manner by maintaining serial within six months from the date of the order.
In the result the claim case succeeds in part.
Court fee paid is correct.
Hence, ordered
That the Case No. 26/2016 be and same is hereby allowed on contest but without any order as to cost considering the circumstances of the case.
The O.Ps are directed to give electric connection to the meter of the petitioner in expedite manner by maintaining serial within six months from the date of the order.
Let a copy of this order be given to each of the parties free of cost at once.
