DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _101_ OF ___2016_
DATE OF FILING : 14.9.2016 DATE OF PASSING JUDGEMENT 23.10.2017
Present : President : Udayan Mukhopadhyay
Member(s) : Subrata Sarker
COMPLAINANT : Smt. Sulekha Lahiri, wife of Sri Niranjan Lahiri , Vill.& P.O Burul, P.S Nodakhali, South 24-Parganas, Pin-743 318 and also of 10/38F, Charu Avenue, Kolkata -33.
-VERSUS -
O.P/O.Ps : The Station Manager, Budge Budge CCC, West Bengal State Electricity Distribution Co. Ltd. Dongaria More, Birlapur, Nodakhali, South 24-Parganas, Pin- 743318.
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J U D G E M E N T
Sri Subrata Sarker, Member
The short case of the complainant is that inspite of deposit of quotation fees and service connection charges on 8th May, 2015, the O.P has not yet supplied new electric connection, although they have inspected the premises. Hence, this case with a prayer for passing order of installation of new electric connection with new meter, compensation of Rs.2 lacs as per provision of amended Electricity Act 2003as well as damages , litigation cost Rs.35,000/-, Rs.10,000/- towards cost of correspondences and fees for legal notice and also for visiting the office of the O.P in several times .
The O.P is contesting the case by filing written version and has denied all the allegations. It is the contention of the O.P WBSECDCL that inspite of inspection by the enlisted contractor M/s Techno Electric it was found that there was no minimum infrastructure for establishing service connection and as per supervisor’s report the petitioner was contacted over mobile phone and petitioner was also informed to take necessary measures to provide infrastructure for establishing service connection. It was also informed to the petitioners to apply by a written application for re-inspect the location at Burul after completing the structure . But the complainant never specifically informed regarding completion of the infrastructure in any of her letters written to the O.P. So, there is no deficiency in service or negligence on the part of the O.P and in fact the complainant has failed to complete the infrastructure for which O.P was unable to install the same.
Points for decision in this case is whether there is any deficiency in service or unfair trade practice on the part of the O.P or not.
Decision with reasons
Admittedly complainant approached the O.P WBSEDCL for installation of new electric connection. It is well-known to us that nowadays nobody should keep in dark when there is a provision of installation of new electric connection. .
Here, in the instant case complainant wants to get electric connection and it is the duty of the O.P to supply the same since Article 21 of the Constitution of India provides “Electric connection to all consumer even after dispute in the civil court whatsoever”. The ground for non-supply of electric connection of the O.P is that there is no infrastructure . But from the letter dated 4.8.2016enclosed by the O.P we do not find anything specifically mentioned by the O.P which infrastructure is required and only written “incomplete construction for service connection”. We failed to realize what is the incomplete construction required for completion for service connection. All these things should be specifically mentioned which requirement is needed, as because in view of the Electricity Act 2003 premises includes any land, building or structure and further noted in section 43 that Licensee shall on an application by the owner or occupier of any premises give supply of electricity to such premises within one month after receipt of the application requiring such supply.
It is also alarming to point out to the O.P that under section 43 sub section 3 it has been specifically mentioned that if a distribution licensee fails to supply electricity within the period specified in sub section 1, he shall be liable to a penalty which extend to Rs.1000/- for each day of default.
In this grave situation of present Electricity Act, O.Ps should be careful to discharge their duty . But we find that O.Ps are very much negligent and the contractor M/s Techno Electric are not law abiding person having no knowledge of the Electricity Act. So, they sent a reply that there is no minimum infrastructure. But what was the minimum infrastructure. On the contrary complainant has claimed that Inspector of the contractor of the O.P demanded a sum of Rs.9000/- to providing pole which is required for installation of new meter at meter room of the complainant. This averment is supported by an affidavit.
In this circumstances we find that instead of sending the contractor one responsible person of the O.P should visits in the spot and solve the dispute within 15 days from the date of this order since we find that there is lot of deficiency of service on the part of the O.P which has been proved nakedly. Their act is against the Electricity Act which we mentioned above. But we restrain ourselves in imposing penalty at this stage and if the electric line be not installed within 15 days from the date of this order, then penalty which has been prescribed in the Electricity Act will be imposed.
With that observation it is ,
Ordered
That the application under section 12 of the C.P Act, 1986 is allowed on contest with cost.
The O.P is directed to install electric connection with new meter in the premises of the complainant after inspection of the premises within 15 days from the date of this order without fail, failing which in view of sub section 3 of Section 43 of the Electricity Act penalty shall be imposed Rs.1000/- per day till the new electric connection is not installed and that date will be counted from the date of receipt of the order leaving 15 days and thereafter till the electric connection is installed.
The O.P is also directed to pay compensation to the tune of Rs.5000/- and litigation cost Rs.1000/- to the complainant within 45 days from the date of this order failing which complainant is at liberty to execute the order through this Forum.
Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member Member President
Dictated and corrected by me
Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the application under section 12 of the C.P Act, 1986 is allowed on contest with cost.
The O.P is directed to install electric connection with new meter in the premises of the complainant after inspection of the premises within 15 days from the date of this order without fail, failing which in view of sub section 3 of Section 43 of the Electricity Act penalty shall be imposed Rs.1000/- per day till the new electric connection is not installed and that date will be counted from the date of receipt of the order leaving 15 days and thereafter till the electric connection is installed.
The O.P is also directed to pay compensation to the tune of Rs.5000/- and litigation cost Rs.1000/- to the complainant within 45 days from the date of this order failing which complainant is at liberty to execute the order through this Forum.
Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.
Member Member President
