Shri A.K. Bhattacharyya
The complainant’s case may be briefly stated as follows:
The complainant is a domestic consumer {having Consumer I.D. -222213316, Consumer code-Tariff (Normal), Service Connection No.-LKA/D/2735, Consumer No.J581540, Category-A(DM-R)} of Mahishadal Group Electric Office under WBSEDCL since 11.08.2009. On 21.08.2012, some unknown miscreants disconnected his service connection cable wire after stealing the said cable wire for which General Diary being no. GDE 973 dtd. 22.08.2012 was lodged with the Mahishadal P.S. Thereafter, the complainant informed the officer of Mahishadal Group Electric Office (OP) about the incident with a request to restore the service connection line. But, the OP did not take any step. Thereafter, the complainant wrote a letter on 28.08.2012 with a further request to restore the said service connection line. Inspite of several request, the OP did not pay any heed to such request of complainant for which the complainant suffered mental pain and agony for want of electric service connection line, hence, the instant case with a prayer for direction upon the OP for restoration of electric service connection.
The OP after entering his appearance has disputed the allegation made against him by filing a W/V with a prayer to dismiss the instant petition of complaint on the ground that after receipt of such information with regard to interruption of power due to cable problem from the complainant, the staff along with technical staff had been to the spot on 23.08.2012 and also on different dates but could not restore the power due to strong physical resistance from Mukunda Bhunia, Arup Kr Raul, and others in presence of the complainant. Then the complainant vide letter dtd. 15.09.2012 was requested to submit a fresh way leave for restoration of his power, but no such fresh way leave has yet been provided by the complainant.
The complainant has submitted some documents, including electricity bills, Quotation receipt etc., parcha as per list. The OP also filed 3 documents (photo copies) as per list.
Points for consideration
- Whether there is any deficiency in service on the part of the OPs?
- Whether the complainant is entitled to get any relief as prayed for?
Decisions with reasons
Point nos. 1 & 2:
Both these points are taken up together for the convenience of discussion.
We have gone through the instant application, W/V filed by the parties, WNA filed by the OP and documents on record. Considered the submissions of the Ld Advocates for both sides. Undisputedly, the complainant is a domestic consumer under the OP since 11.08.2009, that he informed the OP by lodging a docket no. 1715084 with regard to the occurrence of the incident happened on 21.08.2012. It is also found from the materials on record that the men of the OP had been to the spot for restoration of power but were unable to restore the same due to resistance of some persons. Admittedly, the OP did not take any step against those persons by lodging any complaint before the local P.S. To our mind, such inaction on the part of the OP tantamount to deficiency in service.
Having considered the facts and circumstances of the case, as well as materials on record, we feel that the complainant is entitled to relief as sought for with regard to direction upon the OP for restoration of power relating to service connection of electricity of the complainant.
These two 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 with no order as to cost. The OP is directed to restore service connection to the premises of the complainant with police help, if required, within 45 days from the date of communication of this order i.d. the complainant is at liberty to execute the order in accordance with the law in which case, the OP shall be liable to pay fine @ Rs. 50 per diem from the date of filing of this case till compliance of this order in toto.
S.S. Ali Dr. S. Dutta A.K. Bhattacharyya
Member Member President
