District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 16/2015
Sri Nibaran Chandra Roy.
S/o Late Girish Chandra Roy
Vill.: Bolta,
PO: Panitara, PS: Kumarganj.
(M) No. 97332 44665
Dist. Dakshin Dinajpur, Pin -. …………………Complainant(s)
V-E-R-S-U-S
1. The Station Manager,
Kumarganj Group Electric Supply
W.B.S.E.D.C. Ltd.
PO & PS: Kumarganj, Dist.: Dakshin Dinajpur.
2. The Assistant Manager
Kumarganj Group Electric Supply
W.B.S.E.D.C. Ltd.,
PO & PS: Kumarganj,
Dist.: Dakshin Dinajpur. …………Opposite Party / Parties
For complainant …………… - Shri Debashish Barman, Ld. Adv.
For OP Nos. 1 & 2 …………… - Shri Sudip Chatterjee, Ld. Adv.
Date of Filing : 25.02.2015
Date of Disposal : 21.08.2015
Contd…P/2
Judgment & Order dt. 21.8.2015
Facts of the case in brief that the complainant is a rustic villager in order to obtain electric connection for submersible pump, he applied to the OP No.1. The OP No.1 sent a quotation to the complainant on 29.12.2009 asked him to deposit the security and service connection charges amounting to Rs.67,011/- and within stipulated period the complainant paid the said amount.
The complainant purchased the submersible machine but no connection was provided for which the complainant gave a representation on 25.8.2011. Despite receiving the representation the OP No.1 did not take any action, as a result of which the complainant has been suffering for the last 5 years.
It was further stated that the complainant gave a representation before the Learned Assistant Director, Consumer Affairs & Fair Business Practices, Dakshin Dinajpur and the OP No.1 appeared before the said Assistant Director and agreed to make installation the electric connection but no such action was taken for which the complainant had to file this case.
The complainant filed the complaint as prayed for compensation of Rs.20,000/- and also for returning of the amount which he deposited i.e. 67,011/- with interest and also for other reliefs.
The OP Nos.1 and 2 filed a written version wherein all the allegations in the complaint were denied. It is the specific case of the OPs that as per the provision of rules for intending consumer he should deposit full scheme value excluding local items (materials) which was need to supply during the execution of work. The above scheme was valued at Rs.64,761/- and as per rate of cost data the material before
Contd…P/3
29.12.2009 comes to Rs.64,766/-. Considering 1 No. KVA sub-station on double pole structure and prepared a fresh estimate on considering cost data of 2009 information gathered from erection contractor and it was sent to him but Nibaran Chandra Roy indicated a new possession and location of submersible pump where no existing electrification was there and it is not possible to execute the work with the value deposited on 29.12.2009. Now, the scheme value comes to Rs.3,35,394/- as per current cost data where at least 9 No. of additional PCC poles are required for which additional accessories are also required. Since, the complainant did not bring the actual fact before this Forum; therefore, the same is to be dismissed.
On the basis of the pleadings of the respective parties following points are to be determined :-
- Whether the complainant paid the quotation money as prepared by OP No.1?
- Whether the connection for submersible pump was provided there, if not why ?
- Whether spot claimed by the complainant remained same when the actual work was going on to be executed by the OP No.1?
- Whether there was any deficiency in service on the part of OPs?
- Whether the complainant entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of the facts.
Ld. Lawyer for the complainant emphasized that the complainant is a poor farmer and he deposited an amount of Rs.64,761/- for service connection charges and security deposit of Rs.2,250/- totaling a sum of Rs.67,011/-. After receiving the same amount the OP No.1 was duty bound to provide connection but no such connection was provided for which the complainant had to suffer
Contd…P/4
financial loss because he could not cultivate his land due to non-installation of the submersible pump though the pump was purchased by the complainant but due to not providing of electricity the pump remained ideal causing huge financial loss to the complainant.
The Ld. Lawyer in support of his contention filed several documents which corroborates the said fact. It is brought to the notice that the complainant had lodge complaint earlier before the Assistant Director, Consumer Affairs & Fair Business Practices, Dakshin Dinajpur and meeting was held on 25.9.2013 and OP No.1 agreed to provide electric connection. Since, the OP No.1 filed to honour the agreement the complainant had to file this case within stipulated period.
In view of the facts and circumstances that the Ld. Counsel on behalf of the complainant argued that it is fit case to give necessary direction to the OP No.1 to provide electric connection, so that the complainant can cultivate his land with the help of submersible pump and can eradicate his financial stringency.
Ld. Lawyer for the OPs raised legal point that the case is not maintainable since the statutory period was over when the complaint was filed before the Assistant Director, Consumer Affairs & Fair Business Practices, Dakshin Dinajpur. On this score alone the case should be dismissed. Ld. Lawyer for the OPs emphasized that the amount of Rs.64,761/ was deposited by the complainant for having connection for his submersible pump but the land shown by the complainant at the time of inspection was different from the land where the complainant wanted to install his submersible pump. If the connection is provided to the land as desired by the complainant it will take 09 numbers of poles and the OP No.1 will have to bear expenses of Rs.3,35,394/- which is not visible for the OP No.1 and until and unless the said payment is made by the complainant the OPs are unable to provide electricity connection there.
Contd…P/5
During the course of argument the Ld. Lawyer for the OPs fairly submitted that since the complainant is suffering from the year 2009 and he is a poor cultivator and that the present policy of the government that the connection will be provided by the OPs by paying only Rs. 7-8 thousand, if that amount is accepted by the complainant and he further applied afresh the same can be provided by the OP No.1 within 15 days from the date of application that will be made by the complainant.
Ld. Lawyer for the OPs also agreed to return the amount to the complainant which he deposited after deducting the necessary inspection charges which will not be more than Rs.4,000/- and since the complainant deposited Rs.64,761/- the OP No.1 can return the money to the complainant to the tune of Rs. 67,000/- after deducting the necessary charges and the complainant will also get back the amount of Rs.2,250/- which he deposited towards security and the said amount will also provide interest to him. Only the Ld. Lawyer for the OPs emphasized that the complainant will have to withdraw the said application for connection which he wanted to have in the year 2009 and he will have to apply afresh and after payment of Rs.7-8 thousand without bearing any further expenditure the connection will be provided by the OP No.1 within 10-15 days from the date of new application and deposit of money of Rs.7-8 thousand.
On the basis of submission of the Ld. Lawyer for the OPs and since the present designated officer of OPs remained present at the time of hearing and he agreed to the said proposal and also expressed his active co-operation to the complainant, this Forum has accepted the said proposal after getting affirmative reply from the Ld. Lawyer for the complainant and the complainant himself also agreed to such proposal.
Having regard to the facts and circumstances to the case since the Ld. Lawyer for the OPs and Station Manager, Kumarganj Group Electric Supply who remains present at the time of hearing agreed to
Contd…P/6
such proposal i.e. the complainant will withdraw his earlier prayer for connection of submersible pump for which he will get back his deposited amount of Rs.60,000/- after deducting the amount of Rs.4,761/- for necessary charges and also he will get back his security deposit of Rs.2,250/- with interest, the Forum accepts the proposal made by the Ld. Lawyer for the OPs and the case is disposed of on the basis of said proposal which has also been accepted by the complainant himself as well as his Lawyer.
All the points are disposed of accordingly.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.16 of 2015 is allowed on contest without cost.
It is hereby directed that the OPs will return the deposited amount of Rs.60,000/- to the complainant and also security deposit of Rs.2,250/- with interest within 15 days from this day and the complainant will also submit a letter praying for withdrawing his earlier claim for having connection for his submersible pump.
The complainant will apply to the OP No.1 afresh within 15 days from this day and on payment of Rs.7-8 thousand at a time and OP No.1 will provide the connection within 15 days from the date of said application and also payment of the amount for having such connection, which will not be more than of Rs.7-8 thousand. Both the parties are directed to act as per the order given hereinabove.
Let the copy of order be provided to both of the parties for compliance of the order.
Contd…P/7
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(Sambhunath Chatterjee)
President
We concur,
……Sd/-..…… ………Sd/-……..
(S. Saha) (S. Ganguli)
Member Member
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