Order No. 20 Dt. 20.12.2016        

          This is an application u/s 12 of the Consumer Protection Act, 1986 filed by Sri Tapan Rajbanshi against W.B.S.E.D.C.L., being deprived of getting electricity connection prayed for an order, immediate electrical connection along with compensation for mental agony and harassment and cost of litigation in all amounting to Rs. 45000/-.  

          The case of the petitioner in short is that he applied for electric connection for lifting water from his land for agricultural purpose. The O.P. issued quotation on the basis of the application on 20.08.2013 and the complainant deposited             Rs. 6989/- on 23.08.2013 and the O.P. issued receipt of the same. He went several times for the electric connection to the office of the O.P. but in vain. So he filed this case before this Forum with a prayer to give direction for installation of electric connection or to refund the deposited money and also made a prayer for Rs.45000/- as compensation including mental agony and harassment and litigation cost.        

The O.Ps appeared and filed written statement denying all the material allegation contending inter alia that the STW connection is going on to the local areas as per serial of their application. As the materials are not adequate for giving connection and i.e. the delay of the department the petitioner was aware of this fact. The Electric Department has already given connection about 200 applicants out of 776 number of STD connection till July 15^th and petitioner’s serial number in the petition is 576. They are trying to give the electric connection in a very short time.

          To prove this case the petitioner examined himself as P.W.-1 and the documents filed by the petitioner marked exhibits as follows:-       

1. Payment Receipt No. 4087 dt. 23.08.2013 ( Ext.-1)
2. Payment Receipt No. 4088 dt. 23.08.2013 (Ext.-2)
3. Payment Receipt (Application Fee) Rs. 5/- dt. 26.12.2011 ( Ext.-3)
4. Quotation (Ext.-4)

          In the above cases of the parties following issues are framed:

1. Is the case maintainable in its present form?
2. Whether the petitioner has any cause of action to file the case?
3. Whether the petitioner is entitled to get the relief as prayed for?
4. To what other reliefs the petitioner is entitled to get?

::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.

The petitioner examined as P.W.-1 and on dock he stated that he applied for electric connection for his agricultural purpose and the electric connection was not given though he applied and deposited money to the electric department on 20.08.2013 as per their quotation. It is also evident in the cross-examination that the petitioner knew the fact that his application serial number is 576 and 776 persons applied for electric connection on the relevant year in their locality and about 200 persons got their connection according to the serial number.

Ld.advocate for the O.P. submits at the time of argument that the petitioner is not willing to return back his money and he is also tried to draw our attention that the materials for electric connection for lifting water is not sufficient in their stock that’s why the delay for giving the STW connection. Petitioner is aware that connection is going on as per the serial for the cultivation and the Electric Department trying their level best to give STW connection as per their serial. Ld. advocate also submits to give electric connection within a very short period if the Forum gives time to the Department and he assured the Forum that he give instruction to the Department to give connection expeditiously. It is true that the petitioner deposited money for the connection in the year 2013 and about 2 years have already been passed but only 200 applicants has got their electric connection. This progress is not sufficient, however, we are directing the O.P.s to give STW connection to the petitioner as per the serial expeditiously within 90 days from the date of receipt of this order.

In the result, the case succeeds in part

Proper fee paid.

          Hence,                                     ordered

that Malda D.F. C Case No. 49/2015 be and the same is allowed on contest in part against the  O.P. Nos 1 and 2.

          O.P. Nos. 1 and 2 are jointly and severally liable to give STW connection to the petitioner within 90 days from the date of this order.

Let a copy of this order be given to each of the parties free of cost.