West Bengal

Paschim Midnapore

CC/24/2016

Sri Atul Shit - Complainant(s)

Versus

The Station Manager, Electric Supply Office, W.B.S.E.D.C.L. - Opp.Party(s)

18 May 2016

ORDER

 

 

 

 

 

 

                                                             DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and

Mrs. Debi Sengupta,  Member

                                                   

                                                    Complaint Case No.24/2016

                                                       

                                                                  Sri Atul Shit…………………….….……Complainant.

Versus

 

                                  1) The Station Manager, Belda, W.B.S.E.D.C.L,

                              2) The Regional  Manager, Paschim Medinipur, W.B.S.E.D.C.L.,

                                 3)  The Chairman, W.B.S.E.D.C.L...........…..Opp. Parties.

 

              For the Complainant: Mr.  Asit Utthasini, Advocate.

              For the O.P.               : Mr. Swapan Kumar Bhattacherjee, Advocate.

 

Decided on: -18/05/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant has a mini deep tube well nearby his house at Hosenpur within the jurisdiction of this Forum and for cultivation of paddy and vegetables as well as for cultivation of surrounding lands, complainant is dependent upon that mini deep tube well.  For that mini deep tube well, he took a single phase electric service line by four pillars vide Consumer I.D. No.200955521 and the complainant filed an application before the opposite party no.1 for permanent electric connection in that mini deep tube well. For that

purpose, he deposited Rs.6,948/- on 05/02/2016.  Opposite party no.1 accepted the said amount and converted his connection into permanent connection.  Said single phase

Contd………………..P/2

 

 

 

 

 

( 2 )

connection of the mini deep tube well was damaged due to natural calamity in the year 2014 and therefore the complainant filed an application before the opposite party no.1 praying for replacing the damaged single phase service line by three phase line  to his mini deep tube well through standing four pillar on 05/11/2014 and the same was allowed by the opposite party no.1.  Complainant has paid bills against the said permanent connection of mini deep tube well. Thereafter, some staff of opposite party no.1 went to MDTW of the complainant but they did not connect the three phase line to MDTW.  The complainant lodged a G.D. at Belda P.S. vide G.D. Entry no.899 dated 17/08/2015.  He also sent complaint to the opposite party nos.1 & 2 on 24/11/2015 by registered post with A/D but even thereafter the opposite party no.1 did not give three phase fitting power supply to MDTW without any reasonable cause.  The complainant therefore could not supply water to his standing paddy filed in the year 2014 for which his  standing paddy field was damaged causing loss of Rs.30,000/- to the complainant.  Thereafter on several times, the complainant met the opposite party no.1 but in vain.  Hence the complaint, praying for directing the opposite party nos.1 & 2 to supply three phase wire fitting power supply to MDTW to the complainant and for an order of compensation of Rs.30,000/- and for litigation cost.

                  Both the opposite parties have contested this case by filling a written statement.

                   Denying and disputing the case of the complainant, it is the specific case of the complainant that as per prayer for three phase connection, the opposite parties went to the spot for doing the needful but at the time of execution of such work, one person stated to the owner of some portion of the plot above which the three phase line had to be drawn, made strong objection against over drawn of line and for such objection the representative of the opposite parties came back and made a G.D.  at Belda P.S.  On 3/11/2015, the    workmen of opposite party went to the spot with policy force but due to  strong objection against such installation of electric line, opposite parties could not connect the line.  In spite of knowing of such facts, the complainant has filed this case with false allegation against the opposite parties.  It is stated that the opposite parties have no problem to give three phase power supply to the complainant by the way leave permission as necessary under the Electricity Act and Rules but the complainant took no proper step for such way leave permission.  It is further stated that the story of damage of standing paddy field is utterly false and the complainant is not entitled to get any compensation for such alleged damage of standing paddy.  Opposite parties therefore claim dismissal of the case.   

Contd………………..P/3

 

 

 

 

 

                                                             ( 3 )

Point for decision

                    

                          Is the complainant entitled to get the reliefs, as sought for ?    

                   

Decision with reasons

   

     At the very outset,  it is to be stated here that in this case neither the complainant nor the O.P.  adduced any sort of evidence, either oral or documentary but they have relied upon some documents, so filed by them.

     From the respective pleadings of the parties, we find that admittedly the complainant is a consumer of electricity in respect of his mini deep tube well for cultivation of his paddy field under the O.P.   vide consumer I.D. No. 20095552.  It is also undisputed that the complainant applied for replacing his single phase service line by three phase power supply line and the said prayer was allowed by the O.P. No.1. It is also admitted that some of the staff of the O.P. No.1 went to MDTW of complainant but they did not  connect the three phase line on that day on 10/06/2014. According to the O.P., their workmen  went to the spot for doing the needful but at the time of execution of such work, one person stated to the owner of some portion of the plot above which the three phase line had to be drawn, made strong objection against over drawn of line and for such objection, the representative of the opposite parties came back and made a G.D.  at Belda P.S.  On 3/11/2015, the   workmen of opposite party again went to the spot with police force but due to  strong objection against such installation of electric line, opposite parties could not connect the line. At the time of hearing of argument, Ld. Lawyer for the complainant  admitted the said case of the  O.P. and it was proposed by the Ld. Lawyer for the O.Ps. that they may be permitted  to connect such 3 phase line with police help after observing all legal formalities by the complainant.  Ld. Lawyer for the complainant agreed to such proposal and submitted that necessary order  may be passed to that effect.

    Regarding the claim of compensation, we find that the complainant adduced no sort of evidence to show that he sustained loss of Rs.30,000/-  due to non-supply of electric connection in his mini deep tube well in the year 2014 by the O.P. No.1.  Since there is no iota of evidence regarding such alleged damaged of paddy field, so the complainant is not entitled to get any order of compensation as prayed for.

Contd………………..P/4

 

 

 

 

 

                                                             ( 4 )

   

                                                  Hence, it is,

                                                                   Ordered,

                        that the complaint case no.24/2016  is  allowed in part of consent. O.Ps. are directed to supply 3-phase wire fitting power supply in the mini deep tube well of the complainant within one month from this date of order after observing all legal formalities. O.C., Belda P.S. is directed to arrange all sorts of police help to the O.P. No.1 in such supply of 3-phase wire fitting power supply in the mini deep tube well of the complainant.

                                   Let plain copy of this order be given to the parties free of cost. A copy of this order be also sent to the O.C., Belda P.S. for               information and necessary action.

 

               Dictated & corrected by me

                                Sd/-                                            Sd/-                                        Sd/-

                           President                                     Member                                 President

                                                                                                                          District Forum

                                                                                                                     Paschim Medinipur