West Bengal

Cooch Behar

CC/78/2018

Sri Birendra Nath Das, - Complainant(s)

Versus

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

Sri Santosh Kr. Sah

13 Feb 2020

ORDER

District Consumer Disputes Redressal Forum,
B. S. Road, Cooch Behar -736101.
Ph. No. 03582-230696, 222023
E-mail - confo-kb-wb at the rate of nic.in
Web - www.confonet.nic.in
 
Complaint Case No. CC/78/2018
( Date of Filing : 27 Sep 2018 )
 
1. Sri Birendra Nath Das,
S/o. Late Kandura Das, Vill. Garkhula, P.O. Hatiram Salbari, P.S. Kotwali, Dist. Cooch Behar-736145.
...........Complainant(s)
Versus
1. The Station Manager, W.B.S.E.D.C.L.,
Newtown CCC, Morapora Chowpathi, Newtown, P.S. Kotwali, Dist. Cooch Behar-736101.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SUDIP NIYOGI PRESIDENT
 HON'BLE MRS. RUMPA MANDAL MEMBER
 
For the Complainant:Sri Santosh Kr. Sah, Advocate
For the Opp. Party: Sri Dhrubajyoti Karmakar, Advocate
Dated : 13 Feb 2020
Final Order / Judgement

 

Hon'ble Mrs. Rumpa Mandal, Member

Briefly stated, the complaint case is that the Petitioner had applied for new electricity connection to his newly constructed house and accordingly deposited the amount of security deposit and service connection charges in accordance with the quotation issued by the O.P. but despite that, O.P. did not give electricity connection to his premises. Alleging deficiency in service the petitioner filed the instant complaint against the O.P. praying for several reliefs as made in the petition of complaint.

In their written version, O.P. denying the allegation made by the Petitioner contended that on scrutiny the application of the petitioner and enquiry made in respect of his application the petitioner was found to suppress material facts. According to O.P. there was an existing electricity connection in the said premises of the petitioner and the said connection was in the name of his brother Bimal Ch. Das and there was outstanding electric Bill of Rs.8,736/- in respect of the said connection for the period of September,2014 to August, 2014. At the time of inspection O.P. noticed that Petitioner was using electricity from the connection of brother’s line. So, as the said outstanding electricity Bill was not paid and because of false declaration made by the petitioner the service was not given.

POINTS FOR CONSIDERATION

  1. Is the instant case maintainable?
  2. Is the petitioner entitled to the reliefs as prayed for?           
  3. To what other relief if any is the petitioner entitled?

DECISION WITH REASONS

Point No.1.

This point was not agitated by the parties.

Point No. 2 & 3.

During argument Ld. Counsel for the petitioner submitted that arrear dues of electricity Bill in the name of the brother of the petitioner has already been paid. As for nonpayment of said Bill the O.P. declined to give connection to the premises of the petitioner. Now with the payment of the said arrear Bill, the O.P. should not have any objection to giving electricity connection to the premises of the petitioner. The original Bill received amounting to Rs.10,390/- dated 10.06.19 was submitted alongwith the other documents by the petitioner.

Ld. Advocate for the O.P. admitted the said fact of depositing the electricity dues. So, according to Ld. Advocate there is no problem now in giving to the connection to the premises of the petitioner. So, he prayed  that necessary order may be made accordingly.

In view of the aforesaid facts we think the instant complaint should be allowed giving a direction upon the O.P. to proceed to give electricity connection to the premises of the petitioner.

So, the instant case succeeds.

Hence, it is 

Ordered

That the instant case is allowed on contest. The O.P. is directed to give electricity connection to the premises of the petitioner within a month from this day.

No other order regarding compensation and litigation cost is made, considering the facts and circumstances of the case.

Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action, if any. The copy of the Final Order also available in the official website: Dictated & corrected by me.

 
 
[HON'BLE MR. SUDIP NIYOGI]
PRESIDENT
 
 
[HON'BLE MRS. RUMPA MANDAL]
MEMBER
 

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