Judgment : Dt.21.9.2017
Shri S. K. Verma, President.
This is a complaint made by one Dr. Dipak Sarkar, son of Late Debabrata Sarkar, 56, Jubilee Park, Kastodanga Road, Sarsuna,P.S.-Sarsuna, Kolkata-700 061 against the District Engineer (S.W.D.), CESC Limited, Taratala, P.S.-Behala, Kolkata praying for payment of Rs.98,000/- for mental agony and harassment caused to the Complainant and cost.
Facts in brief are that Complainant’s commercial meter being Consumer No.09101142001 was shifted from one place to another on 17.12.2016. Complainant requested CESC for connection but no reaction on the application was made. Complainant met OP who told him to wait for 2/3 days. Complainant observed on 25.12.2016 that room connection was completed by wrong way. Ashok Dey, local electrician pressurized and demanded thousand rupees and he took it by cheque No.544188. Complainant is a doctor and he could not perform his duty on 17th to 24th December, 2016 and suffered monetary loss and he submitted an application to demand for monetary loss of Rs.10,500. But, no reaction took place. Again he met with Ms. Kakoli Nandi and she told that the matters are being considered by the district Engineer. He met with the officer. But nothing was done. So, Complainant filed this case.
OP CESC filed written version and denied the allegations of the complaint. OP has stated that OP received a letter dt.21.12.2016, where it was alleged that so called residential Mr. Gour Bhowmick resisted electrical meter line to the Complainant’s business place and so Complainant suffered heavy loss. So, this OP has prayed for dismissal of this complaint.
Decision with reasons
Complainant filed affidavit-in-chief to which CESC files a petition stating that it will not file questionnaire. OP filed evidence to which Complainant files questionnaire and the case was fixed for filing affidavit-in-reply and thereafter for argument.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion of the complaint, it appears that Complainant has prayed for payment of Rs.98,000/-. In order to prove the allegation that he is entitled for Rs.98,000/-, we find that one Xerox copy of the receipt of Ashoke Electric House is issued. This document does not reveal that the Complainant is entitled for Rs.98,000/-. Similarly, Xerox copy of the bill of December, 2016 is filed except this there is no document to establish that Complainant is entitled to Rs.98,000/-.
Complainant has claimed his Rs.98,000/- in the form of monetary loss Rs.12,400/-. Legal expenditure Rs.5,600/- and mental, physical and prestige loss Rs.80,000/-. However, there is no document except some letters written by the Complainant to establish that he was harassed by the conduct of the CESC. Complainant has filed copy of a letter the subject of which is demand of monetary loss about Rs.12,400/-. In this letter Complainant has stated the facts. Further, Complainant has filed copy of another letter for demand of monetary loss for the sake of CESC meter shifting work and another letter is filed which reveals that without information his meter was shifted and connected with the room which was resisted by residential persons. On perusal of this letter, it does not appear that Complainant is entitled to the reliefs which he has prayed.
Accordingly, we find that the Complainant to prove the allegation made out in the complaint.
Hence,
ordered
CC/107/2017 and the same is dismissed on contest.
