Order No. 15 Dt. 08.04.2016
This is an application U/S. 12 of the Consumer Protection Act,1986 filed by the petitioner Jitendra Nath 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.31783/- as service connection charge and Security Deposit of Rs.2250/-, totaling Rs. 34033/- on 17.08.2011 as per the demand of the Electric Department vide Quotation No. 143 dt.10.06.2011 for electric connection in his agricultural field for irrigation purpose in Plot No. 962 of P.S. Malda of Mouza Jadupur, J.L No. 28 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 first part of 2014, in the month of January, 2015, in the month of February, 2015 but the electric department did not install electric connection. The petitioner sent 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 43/2015 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.31783/- as service connection charge and Security Deposit of Rs.2250/-, totaling Rs. 34033/- on 17.08.2011 as per the demand of the Electric Department vide Quotation No. 143 dt.10.06.2011 for electric connection in his agricultural field for irrigation purpose in Plot No. 962 of P.S. Malda of Mouza Jadupur, J.L No. 28 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.
Ld.Advocate for the petitioner submits before us that the Electric Department sent a notice to the address of the petitioner not the address given in the cause title of the petition but they sent notice to a new address which is not possible to reach. Ld.Advocate further submits that the O.Ps try to whitewash the latches on their part by saying that the petitioner did not file no objection certificate as per their demand.
The petitioner filed application for electric connection by giving the address to the Electric Department in his application and the address in which the O.P. sent notice in the same address and the submission of the Ld.Advocate is not substantiate any more for filing this case the petitioner filed the address in the cause title but the address mentioned in the application for electric is not sent with the cause title.
Subsequently, the petitioner visited several times in the office of the O.P.s in first part of 2014, in the month of January, 2015, in the month of February, 2015 but the electric department did not install electric connection. The petitioner sent 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 with the petitioners 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 “No Objection 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.W.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.W.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 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. 43/2015 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.
