This is a complaint filed by one Smt. Nivedita Dasray, W/o Sri Ram Ranjan Dasray against the District Engineer, CESC Ltd., South West District, Kolkata – 700 088, praying for a direction upon the OP to pay a compensation of Rs. 30,000/- and also to install the new connection.

In brief, case of the Complainant, is that, she applied for installation of new electric meter in her name before the OP.  Based on such application, the OP informed her that it would carry out due inspection on 17-01-2015 in between 9 a.m. and 1 p.m. Accordingly, the Complainant patiently remained at the beck and call of the OP till 3 o’clock in the afternoon, but allegedly, neither anyone from the office of the OP visited her house, nor made any telephone call nor sent any message to her.  Being bewildered, husband of the Complainant sent an email on the very same day and also sent a copy thereof to the office of the OP on 19/20-01-2015.  In reply, the OP allegedly sent a letter on 17-01-2015 falsely stating that it advised the Complainant to identify, in consultation with other owners, a suitable position to install the meter after inspection on 16-01-2015. Such alleged falsity on the part of the OP sent shockwaves to the Complainant as she was at her wit’s end to figure out while the OP confirmed through a written communiqué expressing its desire to conduct inspection on 17-01-2015, how could it cause survey on a day earlier, i.e., on 16-01-2015. Hence, this case.

OP contested the case by filing WV whereby it denied all the material allegations of the complaint. It is stated that on 16-01-2015, few more inspections regarding new connections in the same area were scheduled to be done and the men of OP, before starting their inspection works, visited the house of the Complainant and requested the family members/persons present in the house and asked the Complainant to remain present on that day, i.e., on 16-01-2015 in the house for the purpose of inspection.  It is further stated that after completion of other inspection works in the locality, the men of OP again went to the house of the Complainant for inspection and then, in presence of the family members of the Complainant, inspection was done at the locale, house of the Complainant.  It is also stated that, during inspection at the house of the Complainant in connection with total three applications made, i.e., two applications by Ram Ranjan Das Roy and Gita Das Roy for a new meter in the existing meter room and the other by Ram Ranjan Das Roy for shifting of existing meter room, its men asked Ram Ranjan Das Roy to fix/identify a common suitable place in the said premises, where he intends to shift his existing service and enable the OP to give new connection as applied for by Nivedita Das Roy and Gita Das Roy.  A letter to this effect was also sent on 17-01-2015.  It is alleged by the OP that Ram Ranjan Das Roy, instead of complying with the request made by the OP vide its letter dated 17-01-2015, has approached this Forum with a false, frivolous, malicious, vexatious complaint.  So, the OP prayed for dismissal of this case.

Decision with reasons

Complainant filed Evidence in reply to the WV submitted from the side of the OP and subsequently, argument followed.

The main point for consideration is whether the Complainant is entitled to the reliefs as prayed for.        

The first prayer made by the Complainant is for a direction upon the OP to pay a compensation of Rs. 30,000/-.  Besides this, she has also prayed for a direction upon the OP to install the new connection.

Before embarking on dealing with the merit of this case, we would like to put on record our extreme displeasure over the lackadaisical manner in which the entire case has been handled by both the parties.  We are horrified to find that save and except photocopy of a letter dated 15-01-2015, no other document is filed from either side.  This is despite the fact that both sides claimed to have submitted certain documents in support of their respective contentions.  It requires no emphasis that when a case is moved/defended, it is incumbent upon the parties concerned to make a concerted effort and pursue it with utmost sincerity; after all, a Court of Law cannot derive at a decision based on conjectures and surmises.  To site an example, it is claimed by the Complainant that her husband sent an email to the OP on 17-01-2015 and submitted a hard copy thereof to the OP on 19/20-01-2015.  However, no copy of the same is filed on record for our evaluation.  Similarly, although it is claimed by the Complainant in her Evidence in Reply that she annexed rent bill and other papers along with said Evidence, our frantic search for the same went in vain.  As if to not remain far behind, although the OP stated to have filed copy of its letter dated 17-01-2015, however, nothing has been filed from its side.  We afraid, on the basis of simple assertion, we cannot draw any conclusion about the veracity of a claim.

Be that as it may, fact remains that OP requires a suitable place to install the meters and in such circumstances, it is the responsibility of the Complainant to fulfill such need of the OP in case she is indeed serious about her desire to get a new connection.  Against this backdrop, we afraid, none of the reliefs can be given to the Complainant as sought for by her.

Hence,

O R D E R E D

that CC/105/2016 be and the same is dismissed on contest against the OP without any order as to costs.