West Bengal

Paschim Midnapore

CC/13/2018

Sri Bishnupada Bhanja - Complainant(s)

Versus

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

Swapan Bhattacharya

12 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

   Bibekananda Pramanik, President,

and

Sagarika Sarkar, Member. 

 

Complaint Case No.13/2018

 

Sri. Bishnupada Bhanja, S/o-Late Mrigendranath Bhanja,

P.O. & Vill.-Barchahara, P.S.-Sabang,

District - Paschim Medinipur,Pin-721467.

                                                                                                         ………..……Complainant.

                                                                              Vs.

 

The Station Manager, W.B.S.E.D.C.L., Chandkuri CCC, P.O.-Chandkuri,    P.S.-Sabang, District - Paschim Medinipur,Pin-721467

And

The Chairman, W.B.S.E.D.C.L., at Bidyut Bhavan,                    Salt Lake City, Kolkata-700091.

                                                                                     .....……….….Opp. Parties.

                                                   

              For the Complainant: Mr. Swapan Bhattacharjee, Advocate.

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

                                                         

                                                                            Date of filing: 29/01/2018                                                                                                                                                                             

                                                                            Decided on   : 12/06/2018

                               

ORDER

                          Sagarika Sarkar, Member –This consumer complaint u/s 12 of the C.P. Act has been filed by the complainant Sri. Bishnupada Bhanja against the above named O.Ps, alleging deficiency in service on their part.

                Complainant’s case, in brief, is as follows:-

                                                                                                                                     Contd………………P/2

 

                                                  

                                                                     ( 2 )

                The complainant is a cultivator and intended to install a submersible pump for cultivation of his land and accordingly made an application before  O.P.-W.B.S.E.D.C.L. to get a new electric service connection. Receiving the application from the complainant O.P. issued quotation and after receiving said money O.P. installed new electric service connection to the complainant on 10/01/2015.  It is stated in the petition of complaint that after installation of new electric connection complainant regularly paid his monthly electric bills and there was no outstanding bill but suddenly on 20/09/2017, O.P. disconnected the service connection of submersible pump of the complainant. It is further stated in the petition of complaint that after disconnection, the complainant went to the office of the O.P. to enquire the  said matter and he came to know that O.P. no.1 did not pass any order for disconnection  of the  service connection of the complainant and O.P. no.1 assured the complainant to restore his service connection after inspection but, in reality O.P.  did nothing to that effect. It is stated by the complainant that after waiting a considerable spell of time he served Advocate’s letter upon the O.P. requesting them to restore his  electric service connection but all were in vain. Finding no other alternative the complainant has filed this instant case. Accordingly the complainant has prayed for direction upon the O.Ps. to restore his electric service connection and to pay Rs.25,000/- as compensation and Rs.10,000/- as litigation cost.

             O.Ps. have contested this case by filing written version. Denying and disputing the entire material allegation made against them, it is the case of the O.Ps. that after receiving the application from the complainant O.Ps. came to know that the said service connection was used for commercial purpose and thus the complainant violated the rules of Electricity Act as the connection  was given for own purpose. O.Ps. have further stated that having been informed regarding the disconnection of service connection provided to the complainant, the O.P. inspected the venue and found that there were defective fuse of cutouts and defective starter for which the complainant was solely responsible. It is further stated by the O.P. that on spot visit they found that the complainant installed distribution  transformer adjacent to the mini deep tube well and it was covered by aluminum wires which was disconnected by the complainant and O.P. also stated that the agricultural yielding of paddy was satisfactory and therefore, as per assessment they have no deficiency in service on their part. Accordingly the O.Ps. have  prayed for dismissal of the case.

             In support of their cases both parties examined themselves as PW-1 and OPW-1 respectively and during the evidence of PW-1 some documents were marked as exhibit 1 to 8 respectively and during the evidence of the OPW-1 few documents were marked as exhibit A to C respectively.    

                                                                                                                              Contd…………………P/3

 

 

                                                                 ( 3 )  

                                    Points for decision

                         

1. Whether the complainant is consumer under the O.Ps. ?
2. Whether there is deficiency in service on the part of the opposite parties ?

3. Whether the complainant is entitled to the reliefs, as prayed for ?

                                                 Decision with reasons

           Point no.1:-

                                  The complainant deposited quotation money to get a new electric connection to the O.P. no.1. After receiving said money O.P. installed new electric connection to the complainant on 10/01/20105 and thus the complainant became consumer under the O.Ps.

                              Point no.1 is decided accordingly in favour of the complainant.

            Point no.2:-

         The complainant has alleged that the O.P. disconnected his service connection although there was no order for disconnection in respect of the said connection by the O.P.- W.B.S.E.D.C.L.  On the other hand, the O.Ps. have stated that they found various irregularities  in respect of the said service connection. However, it has not been brought before this Forum whether the O.P.-W.B.S.E.D.C.L. asked the complainant to remove the irregularities  at all. For argument sake had there been anything irregular on the part of the complainant the O.P. ought to have even impose penalty as per provision of law.

        The O.Ps. have raised the point that the complainant utilized the service connection for commercial purpose since he by his letter dated 17/10/2017 informed that due to disconnection of the said service connection he along with his farmers who worked under his guidance was facing inconvenience. In this regard, we are inclined to hold that it is evident from the said statement that the complainant himself is engaged with ploughing and he has engaged some other farmers to assist him and therefore, such engagement of other farmers can not be considered as commercial purpose. In that  view of the matter, the complainant is considered to be a consumer under the O.Ps.  as per provision of section 2(i)(d) of C. P. Act.

        In course of hearing one of the official of the O.P.-W.B.S.E.D.C.L.   has submitted that the complainant himself disconnected the said service connection but no documentary evidence adduced to that effect. Infact it is really difficult to determine that who has disconnected  the said service connection since the transformer where from the service connection was connected is situated in an open space and everyone has free access there to.  However, fact remains that the O.P.-W.B.S.E.D.C.L.   mentioned the defect lies on

                                                                                                                                                   Contd…………………P/4

 

 

                                                                                          

                                                                                               ( 4 )

the part of the complainant but did  not instruct him to remove the same and ultimately deprived the complainant,  a farmer by profession, of irrigation to his cultivated land of the O.P.-W.B.S.E.D.C.L. It is a deficiency in service on the part of the O.P.-W.B.S.E.D.C.L.  

        Point no.2 is decided accordingly infavour of the complainant.

           Point no.3:-

         In view of our above discussion we are of  opinion that the complainant should get reconnection of his submersible pump and considering the circumstances we make no order of  compensation or cost.

        Point no.3 is decided accordingly.

        In the result the complaint case succeeds in part

                         Hence, it is,          

                                                       Ordered,

                                  that the complaint case no.13/2018  is allowed in part on contest without cost against O.P.-W.B.S.E.D.C.L.    

                O.P. is directed to restore the electric service connection of the complainant within one month from this date of order.

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

                Dictated and Corrected by me

                            Sd/- S. Sarkar                                                                                  Sd/-B. Pramanik. 

                                Member                                                                                              President

                                                                                                                                       District Forum

                                                                                                                                    Paschim Medinipur