Date of filing : 03.11.2014
Date of S/R : 03.03.2015
Date of Order : 14.08.2015
Sk. Nasiruddin
S/o Lt. Sk. Islam, Vill.- & P.O.- Unsani, ( Garfa),
P.S.- Jagacha, District-Howrah-………………………………………….Complainant
Vs.
1) The Station Manager, WBSEDC Ltd, .
P.O. –Andul Mouri, P.S.- Domjur
District- Howrah-711302.
2) Bidyut Bhawan,
WBSEDC Ltd, Salt Lake, Kolkata-700 092.
P R E S E N T
President : Shri B. D. Nanda.
Member Smt. J. Saha.
Member Shri A. K. Pathak
This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Sk Nasiruddin against the O.P.s, WBSEDC Ltd. , praying for direction upon the O.P. No. 1 & 2 to install new electric meter in his house and also to pay him compensation of Rs. 3000/- for physical harassment and mental agony and Rs. 2000/- as litigation cost.
The case of the petitioner is that he applied for installation of electric connection in his house at village and Post –Unsani (Garfa), P.S., Jagacha and after inspection the O.P. directing him to deposit Rs. 326/- as security deposit and 200/- as service charge. The petitioner deposited the same but the O.P. did not install on the meter. Electricity is essential in the house of the petitioner . On 05.05.2014 the petitioner requested the O.P. but no reply received and then he sent advocate’s letter on 10.05.2014 but in vain. The acts of O.P.s amounted to deficiency in service on their part and so he filed this case.
The O.P. WBSEDCL contested the case by filing a W/v wherein they submitted the facts that the petitioner applied for new domestic service connection at Andul Mouri CCC on 15.06.2013 and deposited the earnest money as well as the security deposit after inspection but the service connection could not be effected due to spot objection raised by local residence viz. Sk. Samsuddin and others stating that over the matter titile suit has been pending in Civil Court, Howrah and the property is undivided and so the WBSEDCL could not provide line connection. So there is no deficiency on their part . They also requested the petitioner to provide them free and clear access and way- leave permission but the petitioner did not do so. Thus this false petition be dismissed.
On the above cases of the parties the following issues are frame :
- Is the case maintainable in the present form ?
- Has the petitioner any cause of action to file the case ?
- Whether any deficiency in service on the part of the O.P. No. 1 & 2 ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
All this issues are taken up together for the shake of convenience and brevity of discussion and to skip of reiteration . In support of his case the petitioner
Sk Nasiruddin filed affidavit as well as the documents like receipt of his security deposit and earnest money and also the lawyer’s latter to proof the facts that he applied for new electric meter and the O.P.s made inspection and inspite of depositing the money the O.P.s did not provide electric connection to his house.
Regarding the obstruction the petitioner kept mum and the same proved the facts that though the O.P., WBSEDCL was ready and willing to provide electric connection to his house yet they could not provide the same as one Samsuddin and other being the local residents objected to such new connection stating that the disputes over the common land gave rise to a civil case at the Howrah Court. Thus this Forum finds no deficiency in service on or lack of diligence and negligence on the part of the O.P., WBSEDCL who requested the petitioner to provide them free access and way leave permission but he could not provide. In the instant case when the petitioner wants new electric connection and the O.P.s are ready and willing to provide such connection then the obstruction by the outsiders cannot frustrate the need of man being satiated .
In view of above discussion and findings the case of the petitioner is succeeded .
Hence,
Ordered,
That the Consumer Case No. 564/2014 be and the same is allowed in contest against the O.P.s but without any compensation and cost.
The petitioner is entitled to get the relief as prayed for except compensation and cost
The O.P. No. 1 & 2 who are directed to provide new electric service connection to the petitioner and install new electric meter . The O.P.s are directed to comply the above order within 30 days from the date of this order failing the petitioner would be at liberty to put the final order for execution.
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
( B. D. Nanda)
President, C.D.R.F. Howrah
