The present case has been filed by the complainant praying for an order to OPs for providing electric connection to complainant-s dwelling house, for paying compensation of Rs. 5,000.00 for harassment and mental agony etc. and litigation cost of Rs. 2,000.00 to complainant and others.
The complainant-s case, in a nutshell, is that the complainant applied to OP for new electric connection by depositing of Rs. 200.00 on 16-07-2012 as an earnest money. The OP no. 1 made an inspection on 7-8-2012 and having been satisfied OP no. 1 issued a quotation to the complainant for new service connection to complainant-s dwelling house. As per quotation dt. 24-06-2013 the complainant deposited security deposit Rs. 541.00 on 4-7-2013 vide receipt no. 14620 and house service connection charge of Rs. 200.00 on 4-7-2013 vide receipt no. 14621. Having received the security deposit and service connection charge, OP installed a meter being meter serial no. TA036300 at complainant-s dwelling house. After installation of the said meter the OPs did not take any initiative to provide the electric connection whereas there is no bar or obstruction or disturbance for electrification. As per complainant, there is a common path in front of the complainant-s dwelling house, where an electric pole erected by OP and from the electric pole and the complainant-s house, distance is only 10-15 fts. The surrounding houses of the complainant have already been provided electric connection except the complainant. On 10-3-2014 office staff of the OP no. 1 tried to shift the electric meter from complainant-s dwelling house.
The OP no. 1 has appeared in the case by filing WV and WNA wherein OP no. 1 has stated that an inspection was done by the OP no. 1 and a quotation was served to the complainant after the inspection. It is admitted by the OP no. 1 in the WV that the complainant had deposited the quotation money. As per OP no. 1 when the contractor attended the complainant-s house for providing electric service connection, then a physical obstruction was raised by local people and for that very reason, the OP no. 1 could not be able to effect the electric service connection to the complainant-s house. The said matter was issued from OP no. 1 to the complainant vide Memo no. GPN-ES-T-39-2491 dt. 15-2-2014, but after that no reply was issued from the complainant. In this meantime, the intimation was send to the Project Manager, RE Project, Purba Medinipur for effecting the said service connection.
The OP no. 2 has not appeared in the case and has not filed WV as also WNA. The present case has been heard ex-parte against OP no. 2.
None of the parties adduced any evidence, but they have relied upon the averments mentioned in their respective pleadings which are supported by affidavit and the documents submitted by them before this forum. But both the parties have submitted their respective WNA except OP no. 2.
Points for consideration
- Is there any deficiency in service on the part of the OP-OPs?
- Whether the complainant is entitled to get any compensation or relief?
We have gone through the pleadings of the parties the documents including the WNA submitted by them.
Discussions with reasons
Point nos. 1&2.
Having perused the facts as well as the documents and heard the arguments made by the complainant and the OP no. 1, it has been seen that after the inspection report made by the OP-OPs and the quotation issued by the OP-OPs, the complainant deposited service connection charge and security deposit on 4-7-2013 vide receipt nos. 14620 and 14621. From the documents filed by the complainant it is also found that the complainant also deposited an earnest money of Rs. 200.00 on 16-7-2012 to OP-OPs for a new electric service connection. From the complainant-s copy and the arguments made by the both parties it is found that an electric meter was also installed to the complainant-s house. Instead of receiving the required amount for a new electric connection and installing the electric meter to the complainant-s house, the OP-OPs did not provide electric connection to the complainant-s house. OP no. 1 has stated about physical obstruction made by local people but OP no. 1 has not established the stated fact by providing any supporting documents. The question arises when the OP no. 1 had been obstructed by local people for effecting the new electric connection to the complainant-s house, then why the OP-OPs had not informed the matter to the complainant and lodged a diary to local police station. OP has stated about an intimation to complainant vide Memo no. GPN-ES-T-39-2491 dt. 15-02-2014 where OP no. 1 claimed about physical obstruction by local people at the time of providing the electric connection to the complainant. But, in the said intimation letter we find that OP no. 1 had informed complainant about his inability for providing electric connection by making tick mark in reason no. 2 which is -there is no suitable position for fixing or drawl of our service line and other accessories-. But as per complainant-s information and hand sketch map in complainant-s copy it is found that in between the electric pole erected by the OP-OPs and the complainant-s house there is no unusual situation-hindrance for providing electric connection. OP-OPs also inspected the complainant-s premises and having been satisfied issued quotation and received the total amount for a new service connection. The question arisen about suitable position by OP no. 1 at this stage is not justified and perfect. As OP no. 1 in his WV and in argument stated about physical obstruction by local people, then it was the duty of the OP no. 1 for asking help from local police station for effecting the electric connection to the complainant-s house. Considering the facts and documents we find that there is a deficiency in service on the part of the OP-OPs and the complainant is entitled to get the electric connection as well as the compensation of Rs. 1,000.00 and litigation cost of Rs. 1,000.00.
The above two points, are thus, disposed with the above observations and findings.
Hence, it is
ORDERED
that the instant case be and the same is allowed against OP no. 1 and OP no. 2 on ex-parte. Both the OPs are directed to provide the said electric service connection to the complainant-s house with local police protection, if necessary and pay Rs. 1,000.00 as compensation and Rs. 1,000.00 as litigation cost jointly-severally to the complainant within 40 days from the issuing of this order, failing which the complainant shall have the liberty to execute this order in which case Rs. 100.00 per day will be paid by the OPs jointly-severally to the complainant from the issuing of the order till the compliance of the order.
