West Bengal

Paschim Midnapore

CC/72/2017

Samiran Bibi - Complainant(s)

Versus

The Station Manager, W.B.S.E.D.C.L. - Opp.Party(s)

09 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

     Bibekananda Pramanik, President

and

Sagarika Sarkar, Member.

 

Complaint Case No.72/2017

 

             Samiran Bibi, W/o Abdul Mannan, at Sabujpally, Susinda, P.S. Belda, District

             Paschim Medinipur. …………..………..……Complainant.

                                                                              Vs.

             The Station Manager, Belda C.C.C., W.B.S.E.D.C.L., P.S. Belda, District Paschim

              Medinipur....………………….….Opp. Party.

                                                    

              For the Complainant: Mr.  Pankaj Das, Advocate.

              For the O.P.               : Mr. Swapan Kumar Bhattacharjee, Advocate.

 

Decided on: -09/08/2017

                               

ORDER

                          Bibekananda Pramanik, President  Complainant Samiran Bibi has filed this consumer complaint u/s 12 of the C.P. Act on 11/04/2017 against O.P.-W.B.S.E.D.C.L., Belda C.C.C., Paschim Medinipur alleging deficiency in service is not providing electric service connection in her residence.                      

  Facts of the case, in brief, are that the complainant is a permanent resident

 of village Subujpally, Susinda within the jurisdiction of this Forum.  She had a electric service connection vide consumer ID no.200205920 in her premises but due to financial problem she could not pay the monthly electric bill for which her said electric connection was disconnected by the O.P.  Thereafter the complainant made contract with the O.P. and the O.P. stated that if the complainant pays the amount of due bill, then they will give connection.  Accordingly the complainant paid due bill amount of Rs.660/- vide receipt

Contd…………………..P/2

                                                                 

 

                                                                                            ( 2 )

 no.129101792126 on 26/02/2016 and after payment of said bill, the complainant filed an application booklet again as advised by the O.P.  In spite of that, O.P. has not yet effected domestic electric service connection in the premises of the complainant although the complainant is ready to pay installation cost, if any.  Hence the complaint, alleging deficiency in service on the part of the O.P. with a prayer for directing the O.P. to effect electric service connection in the premises of the complainant and for an award of compensation of Rs.10,000/- and litigation cost of Rs.3000/-.

                  The opposite party-W.B.S.E.D.C.L. has contested this case by filling a written objection.

                  Denying and disputing the case of the complainant, it is the specific case of the opposite party that the complainant is not a consumer of the O.P. and as such she is not entitled to get any relief.  It is also stated that the complainant applied for electric connection and thereafter the O.P. inspected the plot and found that the said plot where the premises in question is standing is not owned by the complainant but it stands  in the name of one Husina Bibi and Sk. Abdul Hakim.  It is also stated that the O.P. received a letter, sent by an advocate and came to know that a civil suit is pending in respect of the said plot of land.  After receiving the said information, the O.P. asked the complainant to submit ‘way leave’ but the complainant did not submit the same and as such there is no deficiency in service on their part.  O.P. therefore claims dismissal of the complaint.

 

                                                                 Points for decision

1. Is the case maintainable in it’s present form and prayer?
2. Is the complainant consumer under the provision of C.P. Act?
3. Is there any deficiency in service on the part of the opposite party?
4. Is the complainant entitled to get the reliefs, as sought for?    

                   

Decision with reasons

      For the sake of convenience and brevity, all the above points are taken up together for consideration.

           Although it was alleged in the written version the O.P. that the complainant is not a consumer but at the time of final hearing of the case, Ld. Lawyer for the O.P. did not dispute that the complainant had an electric service connection in the said premises vide consumer ID no.200205920 and the said connection was disconnected due to non-payment of arrear bill.  It is also not denied and disputed that now the complainant has paid the said bill amount of Rs.660/- on 26/02/2016 and she has filed a fresh application for                     re-connection.  At the time of hearing of argument, Ld. Lawyer for the O.P. submitted that

Contd…………………..P/3

 

 

( 3 )

since the complainant has filed way leave permission before the Station Manager, Belda C.C.C. on 18/07/2017, so the O.P. has no objection in providing electric service connection in the premises of the complainant.  At the time of hearing, complainant also filed the original of the said way leave permission.

           In such circumstances we are of the view that the petition of complaint deserves to be allowed on consent with the following directions but in the circumstances without lost.

                                                  Hence, it is,

                                                     Ordered,

                               that the complaint case no.72/2017  is allowed on consent without cost.  O.P.-W.B.S.E.D.C.L. do provide electric service connection in the house premises of the complainant within a month from this date of order after observing all legal formalities.

                               Let plain copy of this order be given to the parties free of cost.

                 Dictated & corrected by me

                    Sd/-B. Pramanik.                  Sd/- Sagarika Sarkar                    Sd/-B. Pramanik. 

                            President                                 Member                                    President 

                                                                                                                         District Forum

                                                                                                                     Paschim Medinipur