Order No. 22 Dt. 22.08.2016
This is an application U/S. 12 of the Consumer Protection Act,1986 filed by the petitioner Jariful against the Electric Department being deprived of getting STW connection and prayed for order for immediate STW Connection for irrigation purpose in his land along with cost of Rs. 20000/- for mental agony and harassment and Rs. 2000/- for cost of the proceeding.
The case of the petitioner in short is that the petitioner applied for STW electric connection for irrigation purpose and deposited Rs. 3800/- and Rs.3269/- totaling Rs. 7069/- as per the quotation dt. 02.12.2014 and deposited the said money before the Station Manager, Harishchandrapur Customer Care Centre. He visited several times to the office of the Electric Department, O.P. No.4 but he did not get the electric connection. Lastly, in the 2nd Week of February, 2015 he requested the local Electric Dept. for the said STW connection but they did not install the connection. So he filed this case on 10.03.2015 with a prayer to give direction to the Electric Department to install STW connection in his pump and the other relief i.e. Rs. 20000/- for mental agony and harassment and Rs. 2000/- for cost of the proceeding.
The O.P. Nos. 1 to 4 appeared in this case and filed written statement contending inter alia that there is no deficiency on their part and the electric connection is going on by maintaining serial of the applicants as per their dated application. Room is not prepared by the petitioner till now so there is no latches on the part of the O.Ps. Dismissal of the case has been prayed for.
On the above cases of the parties the following issues are framed:-
- Is the case 21/2015 is maintainable in its present form ?
- Whether the petitioner has any cause of action to file the 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?
To prove this case the petitioner examined himself as P.W-1 and filed some documents which are marked Ext. -1, Money Receipt Sl. No. 8320103/8320104, Quotation dt. 02.12.2014 marked Ext.-2, Xerox copy of application to the Station Manager, H.C. Pur C.C.E.C. W.B.S.E.D.C.L. dt. 11.06.2015 marked Ext.-3.
No D.W. has been adduced by the O.P. but they filed one letter dt. 27.04.2015 which is kept with the case record.
::DECISION WITH REASONS::
Issue Nos. 1,2, 3 & 4
All the issues are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
It is a fact that STW connection is related to ground water usage and its non-raising of electricity connection is not a matter of loss for the petitioner but it is a saviour of grounds water. A product of nature the property of all and everyone.
The petitioner stated in his evidence as P.W.-1 that he applied for electric connection at Harishchandrapur C.C. office and his Application No. 3000449625 and as per the quotation of the Electric Department dt. 02.12.2014 he deposited money of Rs. 3800/- for service connection and Rs. 3206/- as security deposit within the due time vide Receipt No. 8320103/8320104 total amounting Rs. 7069/-. He further stated in his evidence he went several times to the electric office but they did not give connection so he filed this case before this Forum with the demand that the O.Ps are reluctant to give electric connection. He further stated that after the filing of the suit he went to the electric office on 11.06.2015 and filed an application stating that as per the direction of the Electric Department he constructed one room in his land for install tube-well for lifting water for agricultural purpose in his land. He further prayed in the application that department may enquire and give electric connection i.e. Ext.-3.
At the time of argument Ld.advocate for the petitioner and the Ld. Advocate for the O.P. tried to draw our attention that the petitioner is not prepared his room for protected the meter in due time i.e. when the electrical person visited the plot. On the other hand, Ld.Advocate for the petitioner tried to draw our attention that the petitioner already completed and make assured to the Electric Department to keep the meter in a protected area i.e. by constructing a room. It is true that none of the parties produce any document in which materials the room will be constructed. As per the rules the meter is not the property of the petitioner and it is the property of the Electrical Department and it must be placed in such a place with some reasonable protection so that the petitioner has a right to protect by installing the sufficient coverage. The witness may speak lies but the document and circumstance is not. We are getting that Ext.-3 was written after the letter sent by the Electric Department on 27.04.2015 (though it is not exhibited but it was filed by the O.P.s in this case at the time of evidence). The signature of the incumbent on the said date was on 25.04.2015 but the letter was dated 27.04.2015 . It is quiet impossible to the existence of the letter in which Mr. S.K. Das put his signature on 25.04.2015.
The P.W.-1 gave evidence on 29.04.2015 and he admitted in his evidence that he constructed one pakka dewal and the other three sides of the room made of split bamboos. Therefore, we can easily assert that at the time of application by the petitioner the room was not created. However, when the Ld.advocate for the O.P. admits that within one month he make arrangement for giving connection then we without going to ahead we direct the O.Ps to install electric connection i.e. STW connection to the petitioner in his land within one month from this date.
We did not order any cost in this case but partly allowed the case of the petitioner.
In the result, the consumer case succeeds in part.
Court fee, paid on the petition, is correct.
Hence, ordered
that Malda D.F.C. Case No. 21/2015 be and the same is allowed on contest in part but without any cost.
O.Ps are directed to give STW connection to the petitioner in his land where he constructed room for the protection within one month from the date of this order.
Let a copy of this order be given to each of the parties free of cost.
