DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

 C. C. NO-787/2016

Date of Filing:                                      Date of Admission:-                         Date of Disposal:

29.12.2016                                                09.01.2017                                 23.04.2019

Complainant :-                                   Lal Miya Mondal,

                                                S/o Fakir Manik Mondal, Village-Sun Pukur,

                                               P.O.-Gobila, P.S.-Deganga, North 24 Parganas.

                =Vs.=

Opposite Parties:-                   1.       The Divisional Manager,

                                            WBSEDCL, Barasat Division,

                                               Titumir Bus Stand, P.O. & P.S.-Barasat,

                                               North 24-Parganas.

                                    2.     Station Manager,

                                            Berachampa C.C.C, WBSEDCL, P.O.-Gobila,

                                               P.S.-Deganga, North 24 Parganas.

P R E S E N T-                        :-          Smt. Silpi Majumder………………………Member.

                :-          Smt. Monisha Shaw …………………………Member.

Final Order

This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not effect domestic electric connection at his premises till filing of this complaint.

The brief fact of the case of the Complainant is that being a citizen of India and a permanent resident he made an application before the OP-2 on 21.11.2016. Accordingly he paid due fees for application booklet on 18.11.2016 and paid security deposit and consideration amount for service connection on 25.11.2016 in favour of the OP-2 against proper receipts. Entire photocopies of the relevant documents and papers is filed by the Complainant along with this petition of complaint. At the time of depositing the service connection charges and security deposit at the office of the OP-2, the Complainant was intimated that within 15 days service connection in his name will be installed. On several occasions the Complainant approached to the OP-2 for effecting electric service connection at his premises, but ultimately the same was not effected by the OPs and took false plea one after another. Since then till date the OPs are harassing the Complainant without providing him electricity. The Complainant had expressed his urgency for getting electricity, but the OP-2 did not bother to take appropriate step. Time and again the Complainant met with the Station Manager for effecting the electric connection, but to no effect. The Complainant had failed to convince the OP-2 regarding his urgency, on the contrary the Complainant was verbally told by the OP-2 that he has to wait at least six months.

Cont……………..2

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C. C. NO-787/2016

After enquiry the Complainant collected the information that the OPs were not interested to install new meter for providing new electric connection and in this respect the OPs were very rigid and did not bother to consider the prayer of the Complainant and being compelled the Complainant has filed this complaint seeking redressal of his grievance. By filing this complaint the Complainant has prayed for direction upon the OPs to effect new electric connection at the premises of the Complainant, to provide the same after taking necessary police help, if necessary, to supply the electric bills as per meter reading, to pay a sum of Rs.10,000/- towards compensation and Rs.5,000/- as litigation cost to him.

The petition of complaint have been contested by the OPs by filing conjoint written version contending that after receipt of the application and necessary consideration amount from the Complainant the personnel of the OPs inspected the place of installation and found that there is a very narrow lane approached to the house of the Complainant and there is two twist as such two PCC poles are necessary to be installed for such service connection. The personnel of the OPs went to the place and started to erect the poles on the narrow lane in presence of the Complainant, but then and there one Hazari Das came at that place and due to application of force by said Hazari Das the personnel of the OPs being compelled have to stop the work. But the Complainant though was present at the said site, but without raising any protest and without giving any protection to the personnel of the OPs went away. Now he is claiming direction upon the OPs for effecting service connection even with the help of the local police. It is well within the knowledge of the Complainant that there is no intentional delay or negligence on the part of the OPs and it is very much difficult to provide him new electric service connection without police help, but by filing this complaint the Complainant is trying to caste the entire liability on the shoulder of the OPs. The OPs have further mentioned that in the petition of complaint there is no mentioning about the civil suit being no-2352/2013 by and between the Complainant and Hazari Das, which is clearly proved that there is civil dispute by and between the said parties. The OPs are always ready to provide him electric connection subject to provide full protection and help to the personnel of the OPs. According to the OPs as the Complainant has not approached with clean hands, suppressing the civil dispute, hence the compliant is liable to be dismissed with exemplary cost.

Both parties have adduced evidence on affidavit along with several papers and documents in support of their respective contentions. Both parties have filed BNA.

Cont……………..3

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C. C. NO-787/2016

We have carefully perused the record; documents and heard argument at length advanced by the Ld. Counsel for the parties. It is seen by us that the allegation of the Complainant is that inspite of taking entire consideration amount for providing new domestic electric connection at his premises, till filing of this complaint service connection has not yet been given by the OPs. Therefore the moot point which is required to be decided as to whether the Complainant is entitled to get electric connection or not and there is any deficiency in service on the part of the OPs or not.

From the documents it is revealed that admittedly as per quotation the Complainant deposited the entire amount as sought for, inspection held by the OPs, step was taken by the OPs for effecting new electric connection to the Complainant. But at the time of giving connection serious objection was raised by one neighbor of the Complainant and for this reason the personnel of the OPs have to stop the work without giving him electric connection. It is stated by the OPs that there is a civil dispute by and between the Complainant and the said neighbor. But in the petition of complaint nowhere it is mentioned by the Complainant regarding such civil dispute. If there is any civil dispute by and between the Complainant and his neighbor, it was the duty of the Complainant to disclose the same in the petition of complaint. Due to non-mentioning the said fact in our opinion the Complainant has not come before this Ld. Forum with clean hands.

It is true that the OPs did not show us that there is any status quo order of the Ld. Civil Court, wherein the Ld. Court was pleased to hold that until and unless the civil dispute is over, the Complainant is not entitled to get electricity in his favour. So as there is no such order hence in our view that there is no bar to get electric connection in favour of the Complainant. The papers and documents are clearly revealed that that the OPs have tried to give electric connection to the Complainant, but due to vehement objection, the OPs could not effect the same and moreover the Complainant also did not take any step to provide safety and security to the personnel of the OPs. In the interest of Natural Justice we are to say that the Complainant is entitled to get electricity, subject to providing protection to the personnel of the OPs by taking police protection. The concerned police station may extend help to the Complainant at the time of providing electric connection, if any, but the entire cost of such police help shall be borne by the Complainant.

Upon careful consideration we do not find any deficiency in service as well as unfair trade practice on behalf of the OPs and for this reason we are no inclined to impose any cost and compensation on the shoulder of the OPs as sought for by the Complainant.

Cont……………..4

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C. C. NO-787/2016

Going by the foregoing discussion hence it is ordered that the Consumer Complaint being no-787/2016 is hereby allowed in part on contest without any cost. The OPs shall provide electric connection at the premises of the Complainant, subject to providing police help to the personnel of the OPs, if any within 45 days from the date of passing this judgment, in default the Complainant will be at liberty to put the order in execution as per provision of law.

Let plain copy of this judgment be given to the parties free of cost as per the CPR, 2005.

Member                                                                                                                       Member                                                   

Dictated & Corrected by