DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _31_ OF ___2017
DATE OF FILING : 9.3.2017 DATE OF PASSING JUDGEMENT: 19.04.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Alok Prakash Bhattacharya, C-76/5, Baisakhi, Salt Lake, Block-AG, Kolkata – 700 091.
O.P/O.Ps : The Station Manager, WBSEDCL, Bakhrahat CCC , P.O Bakhrahat, P.S Bishnupur, South 24-Parganas, Pin-743377.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Sheer negligence on the part of the O.P Electricity Department to give new connection to the residence of the complainant , a retired person, has galvanized the complainant to file the instant complaint under section 12, C.P Act, 1986 alleging deficiency in service on the part of the O.P.
The facts leading to the filing of the instant case may be epitomized as follows.
The complainant deposited service connection charge of Rs.1000/- and security deposit of Rs.1,164/- on 25.8.2015 with the O.P for getting a new electric connection to his residence at 39/13/3, Joka Green Park, Kolkata – 700 104 . But connection has not yet been given to his house, despite his repeated requests. He has not been able to complete the construction of the house for want of electricity and thus he has suffered a huge financial loss. The complainant prays for a direction to the O.P to give electric connection to his residence and to pay Rs.1 lac as compensation for financial loss suffered by him . Hence, this case.
The O.P department has been contesting the case by filing written statement ,wherein it is contended by them that the complainant failed to make arrangement for free way
leave for getting new connection and, therefore, they could not give new connection to the residence of the complainant. It is the further case of them that the complainant’s residence falls in urban area; but the complainant gave out to them that it falls in rural area and the security deposit was also demanded from the complainant taking it granted by the department that the residence of the complainant falls in rural area. But, it is actually in urban area and, therefore, the complainant is required to give additional security deposit in order to get the electric connection to his house. So, according to them, they have caused no deficiency in service and the case should, therefore, be dismissed in limini.
Upon the averments of the parties following points are formulated for consideration.
POINT FOR DETERMINATION
- Is the O.P guilty of deficiency in service for not giving electric connection to the residence of the complainant?
- Is the complainant entitled to get the relief or reliefs as prayed for?
Both the parties have led their evidences in their favour. They have also filed questionnaire, replies and BNA which are kept in the record for consideration.
DECISION WITH REASONS
Point no.1 and 2:-
Already heard the submissions canvassed on behalf of both the parties. Perused the complaint, written statement and the evidence on record.
Considered all these.
It is to be seen now whether the O.P Department has actually committed any kind of deficiency in service by not giving electric connection to the house of the complainant. It is not disputed that the complainant deposited service connection charge and security deposit with the O.P on 25.8.2015 i.e about three years ago. Since then, many a water has flowed down the Ganges; but the residence of the complainant has not yet seen the light of electricity. The O.P Department has stated that the complainant has not provided additional security deposit as required by law and that the eclectic connection has not been given to him therefor. The O.P should have intimated this fact to the complainant, demanding additional security deposit, but the O.P has not been able to produce a scrap of paper to show that they demanded additional security deposit from the complainant and that the complainant has not complied with that demand.
Under such circumstances, we feel constrained to say that there is no laches on the part of the complainant and the complainant is not under any kind of obligation to deposit any security money with the O.P Department as alleged by the O.P.
It is also the case of the O.P that the complainant has not been able to arrange for free way leave and, therefore, the electric connection has not been given to his residence. The O.P should have made an attempt to get such free way leave and if any hindrance comes in their way of getting such free way leave, they should have approached to the police administration for taking their help and by taking help of the police they could have been able to give electric connection to the house of the complainant. But they have not done so and this is considered as a gross deficiency in performance of their duty in so far as giving of electric connection to the residence of the complainant is concerned. The fact which stands established on record shows that since 25.8.2015 till now the electric connection has not been given to the complainant by the O.P and there is no plausible justification given by the O.P for not giving such connection to the complainant by this time. Regards being had to all the facts and circumstances we feel no hesitation to say that the O.P Department is guilty of gross deficiency in service and the complainant being a consumer is entitled to get the electric connection to his residence.
Point nos. 1 and 2 are thus disposed of in favour of the complainant.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.P with a cost of Rs.5000/-.
The O.P is directed to give electric connection to the residence of the complainant within a fortnight of this order and while giving such connection to the house of the complainant ,if he is faced with any kind of hindrance from any other person, he is at liberty to take the police help by producing a copy of this judgment before the police and in that case the Officer-In-Charge of concerned P.S is directed to extend necessary police help to the O.P so that the O.P becomes successful to give electric connection to the residence of the complainant.
At the same time, it is directed that the complainant must remain present at his residence on the very date on which the electric connection is sought to be given to his residence by the O.P.
There is no order passed as to any kind of compensation in favour of the complainant considering the facts and circumstances of the case.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
