SMT. S. S. ALI, MEMBER
Case of the complainant, in short, is that the petitioner made a prayer to take new domestic connection in his residence which is situated at Plot no. 184 of Mouza Malubasan under P.S. Mahishadal. He got the land by inheritance from his father and L.R.R.O.R. was also prepared in his name. Vide money receipt no. 085539 petitioner paid a sum of Rs. 185.00 and vide money receipt no. 085540 he paid Rs. 650.00 on 19-12-2003 as per direction of the authority concerned and on 13-11-2003 as quotation money vide quotation no. TCSD/3522.
Petitioner further states that at the time of application for electric connection, the residential house of the petitioner was mud house and it was broken for which reason the Electric office did not connect the electric connection to the house of the petitioner and subsequently, petitioner constructed a pucca house over the said plot. After construction of new pucca residential house, the petitioner informed the matter to the Electric authority and then, as per direction of the authority concerned, petitioner filed an application “A” Form along with fees of Rs. 5.00 vide receipt no. 082537 dt. 25-04-2011, earnest money of Rs. 200.00 vide money receipt no. 8819179 on 25-08-2011. After due enquiry by OP on 19-10-2011, as per the demand of OP, petitioner deposited Rs. 200.00 for house and Rs. 246.00 as security charge on 23-11-2011 vide money receipt no. 8942072 and 8942073 respectively, but till date OP has not effected electric connection to the house of the petitioner in spite of several oral requests made by the petitioner time to time. The Authority told the petitioner that they would connect the electricity as early as possible. Petitioner lastly filed a written prayer for electric connection to the OP on 22-02-2014, but to no avail, as such this case.
Petitioner, to substantiate his case, filed Xerox copies of LR record, money receipts dt. 23-10-2003, 13-11-2003, 19-12-2003, 25-04-2011, 25-08-2011, 23-11-2011, New connection process dt. 10-09-2011, 25-08-2011 and application receipt dt. 25-08-2011 and written application dt. 22-02-2014.
OP entered appearance and filed his written version as well as WNA. OP states in para-16 of his written version that -premises of Madan Mohan Jana was inspected by the enlisted agency, Mahakali Engg. Works on 19-10-2011 with reporting that one no pole is required to get the service connection-. In para – 17 of his written version, OP states that -as per inspection report a quotation was served to the petitioner amounting to Rs. 466.00 on 04-11-2011 and he has deposited the said quoted amount on 23-11-2011 vide receipt no. 2367 and 2368 for the amount of Rs. 200.00 and Rs. 246.00 respectively-. Healso state in para-18 of their written version that -the application with pole for the month of November 2011 are on the process of execution. The work order has been issued to the L&T Construction, Work Order no. 81846 dt. 31-10-2013 as per order of higher authority, WBSEDCL under BRGF Scheme. That the BRGF scheme has started under supervision of the Project Manager, R.E., Purba Medinipur, WBSEDCL and pole cases are being monitored by the R.E. wings of WBSEDCL. However, the service connection of Sri Madan Mohan Jana may be effected from this end through BRGF scheme within amonth-.
Points for discussion
- Whether there is any deficiency in service by the OP?
- Whether the complainant is entitled to any compensation/relief as prayed for?
Decisions with reasons
Point nos. 1&2-
We take up both the points together for convenience of discussion.
We have gone through the documents and the petition of complaint, written version and W.N.A. filed by the parties. Money receipts filed by the complainant goes to show that on 25-04-2011 the OP received Rs. 5.00 under Head -Other Particulars- (Procedure A Form) which has been explained by the complainant to be the fees for re-connection of electricity to the house of the complainant after construction of new pucca residential house. The statement made by Mr. Ashoke Kumar Manna, being the being the Assistant Engineer & Station Manager of Mahisadal Customer Care Centre, W.B.S.E.D.C.L. on oath on 14-05-2014 that makes it clear that they have not informed the petitioner complainant about the necessity of erecting of one pole to effect service connection to the house of the complainant either in writing or verbally prior to 19-10-2011. Thus the OP had lingered giving electric connection to the house of the complainant for the last 12 years and only after filing of this case before this forum that the OP stated in the written version filed on 23-05-2014 that service connection of the petitioner complainant may be effected from their end under the BRGF scheme within a month. It clearly shows that OP neglected in doing their job thus putting the complainant in harassment and hardship for the last 12 years. From 25-08-2011 another 3 years have gone, but the OP did not take any effort to inform the complainant of their inability to give or provide service connection to the house of the complainant. Inasmuch as the OP wilfully neglected in discharging their duties towards the complainant, therefore, there is deficiency in service on their part. Complainant is, thus, entitled to get relief in the form of getting electric connection to his premises within a period of one month as agreed by the OP in para 19 of their written version. Besides, complainant is also entitled to get compensation and litigation cost from the OP.
Both these points are, thus, decided in favour of the complainant.
Hence, it is
ORDERED
that the instant consumer case be and the same is allowed on contest against the OP. OP is directed to provide service connection to the residence of the complainant within 30 days from the date of passing of this order together with a sum of Rs. 10,000.00 as compensation and litigation cost of Rs. 2,000.00 failing which, complainant is at liberty to execute this order in accordance with law and in that case, OP shall be liable to pay fine at the rate ofRs. 150.00 per diem from this day till compliance of the order in toto.
