Ld Advocates for the parties are present. The judgement is not ready. It is pronounced in open Commission in 6 pages 3 seperate sheets of paper.
BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that the complainant is a permanent resident of Rambag ,Mahishadal within the jurisdiction of this DCDRC. The Complainant has started a shop of “animal feed” centre with the name and style “Kamal Feed Centre” in a pucca building being trade Registration No. 363/2019-2020 at Vill. Natshal Balaramchak, P.O. Geonkhali, P.S. Mahishadal, Dist. Purba Medinpur, Pin-721603 from January 2020 to lead his livelihood. The Complainant applied for new Commercial electric Connection at the said shop premises to the Opposite Party and the Opposite Party after proper enquiry gave to the Complainant a Quotation for said Connection for Rs. 1,376/- being reference ID 203102451 dated. 27.02.2020. The Complainant deposited the said Quotation money of Rs. 1,376/- to the Opposite Party on 16.03.2020 for said Connection and being satisfied by said process the Opposite Party gave said Electric Connection to the said premises of the Complainant on 09.05.2020 being Service Connection No. 203102451, Meter No. L05615708 when the initial reading was “000000” . The Opposite Party also gave Yellow Card being Sl. No. A/15/0954847 and from the same day the Complainant had been Consuming the said Electric Service. The Opposite Party by a letter dt. 15.05.2020 has incorrectly informed the Complainant that he wanted for non-effecting of the said new service as the premises of the complainant is situated under 11 K.V. HTOH lines. The Opposite Party without any notice and in absence of the Complainant has disconnected the said Electric Connection on 31.07.2020 which is illegal. The Complainant many times requested to the Opposite Party to give reconnection, but in vain. There are many shops on the same line of the Complainant premises and in the said shops Electric Connection have been given by the Opposite Party and that electric Connection is still in operation. Thus the Opposite Party has done deficiency in electric service by disconnection without notice to the Complainant for which the Complainant has been suffering from mental agony and financial loses. The cause of action has arisen on and from 31.07.2020. Therefore, the complainant has prayed for directing: i) the Opposite Party to reconnect the said electric service to the said premises of the Complainant immediately ii) To pay a Compensation of Rs. 50,000/- to the Complainant for mental agony and financial loses. Iii) To pay litigation cost of Rs. 10,000/- to the Complainant for conduct of this case and iv ). To give any other reliefs to the Complainant which this Commission may deem fit and proper.
Upon service of notice, the OP has entered appearance in this case and vehemently resisted the claim of the complainant. The sum and summerisation of the written version can be depicted as follows: The statements of the complaint which are not specifically denied shall not be deemed to be admission of this opposite party. The prayers of the Complainant as stated are false, frivolous, baseless, and illegal and as such the Complainant is not entitled to have the relief as prayed for. The Complainant applied for a commercial connection through online mode on 27.02.2020 for getting new Electric Connection. In para No.3 the Complainant has told that WBSEDCL gave quotation for said connection for Rs. 1,376/- is completely false statement since in online mode the quotation gets generated immediately on applying for new service connection, so the statement that after proper enquiry from WBSEDCL quotation is served is false On 16.03.2020 the applicant deposited the quotation money. It is further submitted that due to imposition of lockdown & prevailing pandemic scenario for Covid- 19 the new service connection couldn’t be carried out from this end and only emergency power service restoration work was carried out from 24th March 2020 onwards. After partial lifting of lockdown with skeleton staff new service connection related activity was started from May 2020 onwards. On 09.05.2020 as said by the applicant that the service connection work was physically done by the engaged agency of WBSEDCL, after that the technical personnel of WBSEDCL inspected the site for ascertaining the technical correctness of the said connection so that the connection can be considered complete and the applicant can be converted to a bonafide consumer of WBSEDCL. Immediately on seeing the premises where physical connection was effected by engaged agency of WBSEDCL, the technical personnel informed about the existence of 11 KV Geonkhali feeder above the applicant’s shop and is at a very close proximity to it for which any work if its carried out by standing over the top of the shop will result in direct contact with the 11 KV OH line and would result into an accident. A fatal accident already happened this year because of such illegal construction whose detailed documents are being enclosed herewith. Accordingly, the WBSEDCL enlisted agency was instructed to remove the WBSEDCL installations and meter from the site i.e. shop of Sk. Kamaluddin vide Memo No. MSDCCC/T-15/43 dated 11.05.2020 since it was not technically justified and the close proximity of the premises to the overhead 11 KV feeder violates Section 80 of Indian Electricity Rules 1956. The Complainant SK kamaluddin did not allow representative of opposite party to remove meter and other electrical installation from his premises and misbehaved with their personnel. After such kind of activity the opposite party issued a letter vide Memo No. MSDCCC/T-15/56 dated 15.05.2020 to the complainant and humble request was made that his construction would cause major problem in undertaking 11 KV feeder maintenance and also may result in accident too for which he was requested to rectify the same. The affidavit of complainant is actually setting a dangerous precedence that if licensee was not adhering to Indian Electricity Rule 1956 earlier as per his statement though it is not completely true since in most of the cases many of those shops which were constructed in the roadside from Mahisadal towards Geonkhali were extended illegally below 11 KV feeder after getting connection, now he too wants to show us that if earlier connections were effected then why his connection wouldn’t be effected now, without adhering to the prescribed rules and regulations. If any electrical accident happens over his shop then WBSEDCL will be held liable because at the time of giving connection detailed technical correctness must have been checked before giving connection, and onus will be on licensee to establish that the connection was effected after adhering to technical and safety norms. At present in the entire road side below the 11 KV and 33 KV feeder many illegal constructions are taking place for which a good nos of written complaints were submitted to Mahishadal PS from the office of the Divisional Manager, Haldia Division, WBSEDCL but till date no action is being taken from their end. The 11 KV Geonkhali feeder actually feeds power to considerable area of 3 Gram Panchayat’s under Mahishadal Block which are namely Betkundu, Natshal-I, Natshal-II and partly to 2 Gram panchayat area i.e. Lakshya 2, Satish Samanta GP. Such rampant illegal constructions actually puttheir entire network of 11 KV Geonkahli feeder in a vulnerable condition. To stop this illegal construction already letters were issued from this end. Such illegal constructions and its hazards which may happen on non adherence to safety norms was discussed at the Mahishadal Panchayat Samity meeting too. Such illegal construction has caused so much problem for WBSEDCL that one 25 KVA distribution transformer which provides power to BSNL which is malfunctioning now but it can’t be replaced till date due to such illegal encroachment. The importance of safe clearance is given extreme importance which too can be highlighted from the correspondence by Zilla Parishad which too is enclosed herewith. If the said connection is provided then others who did such illegal construction will also approach for connection and in future the maintenance of 11 KV Geonkhali feeder which provides electricity to more than 10000 consumers under Mahishadal CCC, its repair and maintenance work would become extremely difficult to carry out and would result into major disruption of service for which those applications couldn’t be considered for connection. This Opposite Party states that the Complainant has no cause of action to institute the instant case against this opposite party. The claim of complainant in this case is totally false, frivolous, baseless, incorrect and unwarranted in law and as such the complainant is not entitled to have the relief as prayed for. The case is liable to be dismissed.
Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused the affidavit of the complainant, written version of the op and evidence produced by Complainant and op, brief notes of arguments given by op and documents as annexures filed by both parties. On total appraisal of the materials on records along with bundle of facts including the facts of deposit of the quotation money by the complainant to the op WBSEDCL, it appears that the complainant has filed this case claiming him as a Consumer. The case is maintainable in its present form and in law.
Now , on scanning the evidence of complainant it is evident that the complainant has stated that he applied for new Commercial electric Connection at the said shop premises to the Opposite Party and the Opposite Party after proper enquiry gave to the Complainant a Quotation for said Connection for Rs. 1,376/- being reference ID 203102451 dated. 27.02.2020. The Complainant deposited the said Quotation money of Rs. 1,376/- to the Opposite Party on 16.03.2020 for said Connection and being satisfied by said process the Opposite Party gave said Electric Connection to the said premises of the Complainant on 09.05.2020 being Service Connection No. 203102451, Meter No. L05615708 when the initial reading was “000000” . The Opposite Party also gave Yellow Card being Sl. No. A/15/0954847 and from the same day the Complainant had been Consuming the said Electric Service. The Opposite Party by a letter dt. 15.05.2020 has incorrectly informed the Complainant that he wanted for non-effecting of the said new service as the premises of the complainant is situated under 11 K.V. HTOH.
Having regards had to the above evidence of complainant it appears that the Opposite Party by a letter dt. 15.05.2020has informed the Complainant about the preparation of disconnection of the said new service as the premises of the complainant is situated under 11 K.V. HTOH lines lines ( annexure -6 of the op ). So the version of the complainant on oath is not true that the Opposite Party without any notice and in absence of the Complainant has disconnected the said Electric Connection on 31.07.2020. Paragraphs 5 & 6 of the examination –in chief on affidavit of the complainant are self contradictory. The quotation money was deposited through online portal. The op has served a due notice dated 15.05.2020 to the complainant when on proper inspection it was observed that the outsourcing agency did not make inspection as per norms of Indian Electricity Rules. The complainant did not challenge the said notice with legal explanantion whatsoever.
Now, it appears from the examination –in chief on affidavit of the op that the op has totally put the above evidence of the complainant under challenge and has established that the facts narrated by the complainant has got no leg to stand upon. He has asserted that on 09.05.2020 as said by the applicant that the service connection work was physically done by the engaged agency of WBSEDCL, after that the technical personnel of WBSEDCL inspected the site for ascertaining the technical correctness of the said connection so that the connection can be considered complete and the applicant can be converted to a bonafide consumer of WBSEDCL. Immediately on seeing the premises where physical connection was effected by engaged agency of WBSEDCL, the technical personnel informed about the existence of 11 KV Geonkhali feeder above the applicant’s shop and is at a very close proximity to it for which any work if its carried out by standing over the top of the shop will result in direct contact with the 11 KV OH line and would result into an accident. A fatal accident already happened this year because of such illegal construction whose detailed documents are enclosed herewith. Accordingly, the WBSEDCL enlisted agency was instructed to remove the WBSEDCL installations and meter from the site i.e. shop of Sk. Kamaluddin vide Memo No. MSDCCC/T-15/43 dated 11.05.2020 since it was not technically justified and the close proximity of the premises to the overhead 11 KV feeder violates Section 80 of Indian Electricity Rules 1956. The Complainant SK kamaluddin did not allow representative of opposite party to remove meter and other electrical installation from his premises and misbehaved with their personnel. After such kind of activity the opposite party issued a letter vide Memo No. MSDCCC/T-15/56 dated 15.05.2020 to the complainant and humble request was made that his construction would cause major problem in undertaking 11 KV feeder maintenance and also may result in accident too for which he was requested to rectify the same. The OP through its annexures/ documents has substantiated the facts about the illegal constructions raised by some other consumers including this complaint .It has also been reflected in the documents how other stakeholders including the law enforcing authority are not taking any step to prevent the impending danger in future. The op has satisfactorily explained in clear terms as to why the electric connection was made non effective upon serving due intimation dated 15.05.2020 and other annexures 1to 15 as per firisti. The op has rightly stated that if the said connection is provided then others who did such illegal constructions will also approach for connection and in future the maintenance of 11 KV Geonkhali feeder which provides electricity to more than 10000 consumers under Mahishadal CCC, would be difficult and it would result into major disruption of service for other bonafide consumer. There is substance in the contention raised by the op that construction of shop in question was not done in adherence to the safety norms as prescribed in Indian Electricity Rules 1956. In the above premises the op can not provide electric connection to the complainant at all.
Now, coming to the replies given by the complainant, it appears that complainant has failed to demolish the above versions of the op. The complainant has failed to bring home the elements of deficiency of service against the op . There is no deficiency in service and illegality on the part of this Opp. Party. Resultantly, complainant is not entitled to get any relief as prayed for in this case.
Both the points are disposed of accordingly.
Thus, the case fails.
Hence, it is
O R D E R E D
That CC/193 of 2020 be and the same is dismissed on contest. No order of costs is passed.
Let a copy of the judgment be supplied to each of the parties free of cost.
