Syeda Shahnur Ali, Member(L)
The case of the complainant in a nutshell is that he applied for Domestic electric connection being no 2000467841 before the opposite party on 6-3-2012, at the premises of the complainant on plot no-641 Mouza –Jagatpur, under P.S Mahishadal within the jurisdiction of this Ld Forum.
The complainant inherited the property from his father. The electric line was to be drawn from over the village baram path.
The complainant deposited the earnest money of RS 200/- on 20-04-12 and he also deposited quotation money of Rs 355/- on 12-6-2012. But till date he did not get any electric connection in his residence.
The opposite party filed his WV and also his WNA. The op stated that the complainant applied for new service connection on 20-4-2012 and asked him to deposit a sum of RS 550/- on 12 -6-12 , OP also stated that this case was of new service connection with pole under BRGF scheme, which was carried out by the L&T Construction under the supervision of Project Manager, Rural Electrification Wings,Purba Medinipur.
The op also stated that work was commenced by L&T Constructions, but it was found that few nos of poles were required for effecting new service connection. When one pole was erected along the village pathway local villagers raised objection and prevented the personnel engaged in effection the service connection by erecting poles. Several attempts were made by other enlisted agencies of WBSEDCL as well as by the technical staff of Mahishadal CCC to effect service connection through different pathways from the nearby existing LT line to avoid complication ,but even they failed due to strong objection from local villagers.
Points for consideration
- Is there any deficiency of service on the part of the opposite party?
- Whether the complainant is entitled to any compensation as prayed for?
Decision with reasons
We have gone through the Petitions filed by the parties. The complainant prayed for service connection in the month of March 2012 and he filed complainant case before this forum on 8-3-2016 i.e after a lapse of four years’ time, much beyond the period of limitation. On perusing the record we find that the complainant relied upon the Judgment reported in CPJ (2006)I 312 wherein it has been observed “ ..Complainant in waiting-list, required to wait for his turn for grant of Electricity…it’s a continuous cause of action, complaint not time barred” hence the case was fit for admission.
The op took the plea for their delay being objection from the local villagers but except verbal submission there is no paper to prove such delay nor any evidence has come before this forum that other enlisted agency as well as technical staff tried to effect service connection to the house of the complainant Biswajit Maity.
Hence we find that the opposite party failed to discharge their duty on time nor they intimated their incapability to the complainant nor asked for any other way-leave. That being so, we find that there is deficiency in service on the part of the opposite party and the complainant is thus entitled to compensation as prayed for.
Hence
ORDERED
That CC/23/2016 be and the same is allowed on contest against the OP. The opposite party is directed to render and effect service connection to the house of the complainant and if required with police help, within 30 days from this date of passing of this order, together with litigation cost of Rs 5000/- to the complainant failing which, the complainant shall be at liberty to file an execution case as per law and in that event the OP shall be liable to pay fine of Rs.150/- per diem after stipulated time till compliance of this order.
