The complaint u/s 12 of Consumer Protection Act, 1986 filed by Badruddin S/o.Banijuddin, R/o. Polashbone of P.O. Kumarganj of Dist. – Malda being aggrieved of not getting electricity connection praying for an order upon O.Ps for installation of electrical connection by them and other relief.
The further case of the petitioner is that he is being a simple person applied for a new electrical connection from electricity supply office paying deposit money of Rs.200/- and a sum of Rs.7072/- as total payable service connection charges on 10.07.2013 but was not given connection and on 07.11.2014 he filed lawyers notice to Electricity Authority and till date the electric connection has not been provided by the O.P’s, instead misbehaving with him and he filed this case arising cause of action on 10.07.2013, the date for deposition of earnest money as per norms of Electricity Authority.
O.Ps 1 and 2 contested the case filing written objection. They consented to petitioner’s application for STW connection of Demand 3830 watt and receiving of quotation amount from petition on 10.07.2013 and work order, not being published from North Malda Division, electricity connection to the petitioner could not be effected.
In the above cases of the parties following issues are framed:
- Is the case maintainable in its present form?
- Whether the petitioner has any cause of action to file the case?
- Whether the petitioner is entitled to get the relief as prayed for?
- To what other reliefs the petitioner is entitled to get?
::DECISION WITH REASONS::
Issue Nos. 1,2,3, 4
All the issues are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
The petitioner filed 04 documents at the time of filing the case. There are i) Photocopy of quotation showing receipt of payment of earnest money on 09.02.2012 ii) Photocopy of payment of the quotation amount of dt. 10.07.13 iii) Photocopy of Advocate’s notice iv) Voter Identity Card.
Petitioner filed affidavit-in-chief as P.W.-1. Arguments were made by both parties.
The Forum looking into the documents evidence and the arguments filed by the parties, came to the conclusion that the petitioner applied for electricity connection from O.P.1, for whom O.P. -2 is their highest authority, as per norms of O.Ps and also deposited money as per their notification linked to electricity supply rules as on 10.07.2013 and still the petitioner is not provided with the necessary electrical connection, that is, more than two years already passed after completing norms of electricity authority in respect of receiving electricity connection by a bona fide applicator. It also appears that the petitioner did not get any authentic respond/documents related to providence of electricity by the electricity authority in future, rather the petitioner cum electricity seeking applicator faced bad behavior of O.Ps as per his version and affidavit.
On the other hand, Forum looked into the written objection filed by O.Ps and find that the electricity authority though have no objection in providing electricity to the petitioner – customer but their arguments are not at all clear from the point of providing electricity supply in respect of STW connection applicators. They only tells about unavailability of matching materials for electric connection but they could not attach any reasons why more than two years period will be required for collecting matching materials which are now-a-days available at plenty and at any place, specially town like Malda must have such supply roots. Electricity is a basic material for today and hence, unavailability of matching materials taking as plea is baseless and avoiding truth from the point of helping people for providing electricity as per their prayer and norms following. Secondly, O.Ps raised an issue of work order publication from North Malda Division and also talked about list prepared according to submission of quotation money. It appears that both these issues are the prerogatives of electricity supplying authority and hence they can only speak the real position/status of the petitioner in getting electricity connection as per his demand fitted into the process of electric supply. However, O.P’s being a public service provider with transparency in all its functions have not opened the Pandora’s Box like ‘List’ and the petitioner remains in dark regarding his status in the serial / list of the electricity authority pertaining to electricity connection and contrary he is getting misbehaviour and the sermon of the concerned executives forgetting electricity seekers all hope, aspirations, planning and execution related to getting electricity, the versatile gift, everybody prays for it today. Therefore, there is deficiency on the part of O.Ps as their response to the complaints of the petitioner is not opaque to the facts of the prayer of petitions asking for electricity connection.
In the result, the case succeeds.
Proper fee paid
Hence, ordered
that Malda D.F.C Case No. 83/2014 be and the same is hereby allowed on contest against O.P.1 and O.P.2. The petitioner is entitled to receive STW connection of demand 3830 watt within 90 days from the date of this order. The O.P’s are directed to provide STW connection to the petitioner within 90 days and failing to comply the above order the petitioner would be at liberty to put the order in execution.
Let a copy of this order be given to each of the parties free of cost.
