The case of the complainant in a nutshell is that the complainant applied before the West Bengal Sate Electricity Distribution Company Ltd, Mogra Customer Care Centre i.e. the Opposite party on 11.8.2015, for installation of electric line at his own resident of Village Paschim Sekh Para, P.O. & P.S., Mogra , Dist Hooghly by maintaining all formalities. The Opposite party made enquiry
about the property or resident of the complainant. The further case of the complainant is that although all the formalities had been complied by the oP but till date no electric connection has been installed to the resident of the complainant. Hence this complaint.
The Opposite party contested the case by filing Written version denying inter alia all material allegations. The positive case of the Opposite party is that the complainant is neither submitted any application for taking new Electric connection, nor deposited any quotation amount as per norms and formalities of WBSEDCL. Therefore, the allegation made in the present complaint case are purely false, baseless and concocted. The office of the oP is always willing to effect new Service connection in the premises of any applicant, if the said applicant has taken all formalities under the norms of WBSEDCL including a formal application in writing to the competent authority. So , there is no deficiency in service on the part of the Op and the oP prays for dismissal of the case.
Complainant filed Money receipt of WBSEDCL issued for Shyamal Bhattacharya, Photo copy of Advocate notice sent to WBSEDCL, receipt of speed post, Delivery report of Advocate notice. Complainant also filed Evidence in chief
and Written Notes of argument. OP on the other hand filed Affidavit in chief, Written version and Written Notes of argument.
Upon pleadings, Written version and the documents filed by both the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant is entitled to get relief as prayed for ?
DECISION WITH REASONS :
All the points are taken together for easiness of discussion.
The complainant did not file any paper to show that he has deposited the money as per requirement of his application. One paper which is purchased by the complainant is application book-let. Thereafter, Advocate notice and delivery of notice to the oP , all are Xerox copy without any affidavit has been filed by the complainant. It is also stated by the oP that the complainant did not pay any money as required for getting new connection. Accordingly, the Opposite party was not in a position to consider the case as there was no application form with connection charge.
Considering this aspect it is seen that this is a frivolous, fabricated, vague case and that has been instituted by the complainant to misuse the process of this Forum . As such, the case is deserved to be dismissed. The complainant was ill advised without any over-tact . Hence it is –
Ordered
That the CC no. 228 of 2015 be and the same is dismissed on contest. But no order as to cost.
Let a copy of this order be made over to the parties free of cost.
