Order No. 14 Dt. 15.03.2016
This is an application U/S. 12 of the Consumer Protection Act,1986 filed by the petitioner Jayanta Basak praying for an order directing the O.P. to give electric connection and to pay Rs. 50000/- for mental agony and harassment and cost of the proceeding.
The case of the petitioner in short that he deposited the earnest money of Rs.200/- as per the quotation and service connection charge of Rs.3800/- and Security Deposit of Rs. 2821/- as per the demand of the Electric Department on 22.04.2012 for electric connection in her agricultural field for irrigation purpose in Plot No. 657 and 658 of Mouza Kojiapara, J.L No. 36 of Dist. Malda.
The electric department came to the plot for inspection and fixed electric pole for connection in the said plot of the petitioner.
Subsequently, the petitioner visited several times in the office of the O.P.s in the month of December, 2013, March 2013, August, 2013, November 2013, February, 2014, June,2014 and lastly on 0103.2015. The petitioner compelled to send Lawyer’s Notice on 23.03.2015. After receiving the notice the O.P. refused and denied the electric connection of the land. So he filed this case before this Forum with the prayer to direct the O.P. for installation of electric connection as he is a consumer and also prays before the Forum for harassment and mental agony of Rs.50000/-.
The O.Ps appeared and filed written statement contending inter alia that there is no deficiency on their part. The electric department visited the land of the petitioner and installed pole but due to way leave problem the department is not in a position to stretch electric line to the pole. The local people/ owners of the land of the respective plot made objection. The petitioner did not file any No Objection Certificate from those persons though this fact was intimated to the petitioner on 21.03.2015 in writing. They also denied the allegation as labeled against them by the petitioner.
On the above cases of the parties the following issues are framed:-
- Is the case 42/2015 is maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case?
- Whether there is any deficiency in service on the part of the O.Ps?
- Whether the petitioner is entitled to get any relief as prayed for?
To prove this case the petitioner examined himself as P.W-1 and filed documents which are marked Exts. 1 , 2 and 3 and the O.P. examined one witness in their favour as D.W.-1 and the document is marked Ext. A and B (i.e. the letter sent to the petitioner dt. 21.03.2015 (Ext.-A)and the Register of Letter issued marked (Ext.-B)
::DECISION WITH REASONS::
Issue Nos. 1,2, 3 4& 5
All the issues are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
P.W.-1 stated in his evidence that he deposited the earnest money of Rs.200/- as per the quotation and service connection charge of Rs.3800/- and Security Deposit of Rs. 2821/- as per the demand of the Electric Department on 22.04.2012 for electric connection in her agricultural field for irrigation purpose in Plot No. 657 and 658 of Mouza Kojiapara, J.L No. 36 of Dist. Malda.
The electric department came to the plot for inspection and fixed electric pole for connection in the said plot of the petitioner.
Subsequently, the petitioner visited several times in the office of the O.P.s in the month of December, 2013, March 2013, August, 2013, November 2013, February, 2014, June,2014 and lastly on 0103.2015. The petitioner compelled to send Lawyer’s Notice on 23.03.2015. After receiving the notice the O.P. refused and denied the electric connection of the land. So he filed this case before this Forum with the prayer to direct the O.P. for installation of electric connection as he is a consumer and also prays before the Forum for harassment and mental agony of Rs.50000/-.
We are also getting evidence that the disturbance is going on with the other shareholders over which he wants to stretch electric line over the land of the others. The Electric Department came for stretch electric line on the pole but they were restrained by the land owners. We are getting from the evidence of P.W.-1 that Gondogol is going on and Electric Department visited the land of the petitioner and fixed pole. The petitioner also admits in his evidence that he did not file any nomination certificate from the competent land owners of the respective lands over which the electrical wire connected with the pole. Therefore, we are getting that the land owners did not allow to stretch the electric line over their respective lands. We are also getting from the evidence of the O.P. No.1 that the letter had been issued to the petitioner in this regard and directed him to take proper step to give no objection certificate for his electric connection in his pole.
Therefore, we are getting that the local people did not allow to stretch the electric line over their respective land. We are also getting from the evidence of the O.P. No.1 that letter had been issued to the petitioner in this regard and directed him to take proper steps to give the connection by filing No Objection Certificate.
It also reveals from Ext.- A and Ext.-B that electric department issued notice on for filing no objection certificate.
The Electric Department has no latches when the petitioner is not able to file No Objection Certificate to the Electric Department for his connection from the respective owners.
So we hold that there is no deficiency till now against the O.P.
In the result, the consumer case fails.
Court fee, paid on the petition, is correct.
Hence, ordered
that Malda D.F.C. Case No. 42/2015 be and the same is hereby dismissed without cost.
Let a copy of this order be given to each of the parties free of cost.
