Judgment On 28.05.2007
Present. Sri B.K. Samanta, President
Smt Jyotsna Sarkar, Member
This is a case for electric connection and compensation.
The Complaint’s case is that the complainant being an unemployed person, for the maintenance of his livelihood by self employment, started a business after taking electric connection from the OP. Thereafter, the complainant prayed for shifting of electric pole to his residence in Plot No. 103 of Mouza Shantipur. The complainant prayed all electricity bills for the year from 10992 1997. On 20.12.97, he again applied for new connection but got no line for the same. After lot of persuasion from pillar to post, the WBSEB asked him to deposit quotation amount for commercial line. Accordingly, he deposited quotation money for commercial line amounting to Rs. 13,663/- as per quotation of the OP. In the said quotation there was the mention of providing one pole, which has not been provided for which, has not been provided for which, he paid an extra sum of Rs.6,000/-. Subsequently, as per the direction of the Circle Grievance Redressal Forum, Tamluk SS Kolaghat issued an Industrial quotation for Rs.27,094/- for 10 Kilo Load. So, the complainant applied for 4 Kilo load meter but till date there is no result. Therefore, the complainant has filed this case claiming Rs.5 Lakh along with Industrial connection of 4 Kilo load.
The OP contested the case by filing a written statement wherein they denied the material allegation of the case and also stated that the complainant applied for Industrial connection along with commercial connection in Plot no. 103 of Mouza Shantipur. Due to limitation of system of the area, the industrial application could not be provided at that time and the complainant was intimated about eh same vide office letter dt. 12.02.2002. As per prayer dt. 05.01.2002 against commercial connectional one quotation had been served to the complainant on 07.02.2002. After deposition of the amount, attempt was made to provide service connection but could not do so due to objection of one Sri Prafulla Kapat. Therefore, they asked the complainant to provide way leave which he did not submit at that time. Meanwhile, the existing LT line was shifted near the premises for the complainant on 20.05.2004, which was subsequently dis-connected on 05.10.2004 due to non-payment of electric b ills for the months of Aug ‘4 to Oct. ’04. Later on as per the order of the Circle Grievance Redressal Forum, Tamluk (D) circle, fresh industrial quotation was issued to Sri R.K. Samanta vide office memo dt. 30.09.2004 but the applicant did not deposit the quotation amount within the validity period. In the meantime, Sri R.K> Samanta had submitted representation vide letter(S) dt. 10.01.2005 and 11.02.2005 to the Zonal Grievance Redressal Forum, Medinipur (D) zone. Accordingly, after hearing an order was issued from the said Redressal Forum on 24.02.2005. On the basis of that order, one quotation was issued to Sri Samanta vide memo No. KGT/18/231 dt. 31.05.2005, but the complainant has not complied with the matter within the validity period. Therefore, the OP prays for dismissal of the case with compensatory cost.
Points for decision
On the basis of above pleading by the both parties, the following points are taken up for consideration.
- Is the case maintainable?
- Is there any deficiency in service on the part of the OP?
- Is the complainant entitled to get any relief as prayed for?
Decision
Point No.1. It is admitted by the OP that the complainant initially deposited the quotation amount and commercial line has been given. It is also admitted by the OP that the line has been dis-connected for non-payment of electricity bill. The OP further admitted that one letter was issued to the complainant for deposition of quotational amount for industrial connection. Admittedly this has been made on the basis of the advice of the Circle Grievance Redressal Forum, From the above discussions we say that the complainant is the Consumer under the OP. Thus, the case is maintainable in its present form.
Point No.2 It is the case of the complainant that the OP issued quotation for industrial connection amounting to Rs.27,094/- for 10 Kilo load and subsequently, he applied for 4 kilo load. Naturally, in such case we can presume that quotation amount may be less than the quotation issued. The complainant has stated that he made an excess payment of Rs. 6,000/- as the cost of one pole, which has not been provided by the OP. the complainant filed way leave before this forum for providing electric connection.
Considering all, we are of the view that Industrial connection can be given to the house of the complainant as per direction of the circle Grievance Redressal Forum for which a quotation may be supplied for 4 kilo load instead of 10 Kilo load after adjusting payment of excess amount of one pole which has not been provided by the electricity board and at the same time electricity dues that the complainant owes to the OP, if any. This should be done within the shortest possible time. On going through the averments of both parties and material on record, we did not find any deficiency in service n the part of the OP at this stage. Thus, this point is disposed of accordingly.
Point No.3. On the basis of foregoing discussions and materials on record we are of view that the complainant is entitled to have industrial connection at his residence after depositing the revised quotation money in the manner as discussed above.
Hence, Ordered
That the case be and the same is allowed on contest against the OP. The complainant is entitled to have industrial connection at his residence in Plot no. 103 of Mouza Shantipur from the existing pole within one month of deposition of revised quotation amount. The OP is directed to issue fresh quotation within one month from this day i.d. the complainant is at liberty to execute the order through this forum after expiry of the period mentioned above.
