Order No: 2 Date:10/08/2023
Today is fixed for admission hearing. Ld. Advocate on behalf of the complainant is present and found ready. Heard his submission in detail. Gone through the complaint petition and the documents annexed with it.
In short, complainant’s contention is that she has constructed a G+3 storied building at her own premises at 53/C, Santragachi Station Road, 1st Bye Lane, Howrah-711112. After completion, she applied for domestic electric connection before the Santragachi CCCC of WBSEDCL. According to the demand of WBSEDCL she paid Rs.8,000/- as new service connection charge and Rs.8,247/- as security deposit. Thereafter the WBSEDCL refused to provide her new electric connection stating that her building is a ‘complex’, so the developer of the complex had to apply for development of LT infrastructure (Proc-B) and thereafter the domestic NSC will be effected (Proc-A) as a child connection of Proc-B.
Complainant stated in the petition that she herself has constructed G+3 storied building without the help of any developer and she is residing in the entire building with the family. No flat has been sold out. So, the WBSEDCL is found to provide the new domestic service connection for which they have received security deposit and service connection charge.
On careful scrutiny it is revealed that copy of “porcha” annexed with the petition states that the subject premises is a “Shali” land which should be converted to “Vastu” land on which the residential building can be constructed. During hearing Ld. Advocate of the complainant filed a copy of sanctioned building plan of G+3 building sanctioned vide B.P. NO.79/18-19 dated 05/07/2018 signed by Executive Engineer of HMC on 15/02/2019. But complainant annexed a copy of assessment issued by the Secretary, HMC on 31/05/2023, wherein the description of the premises is written as “One P.6 Std. building of 2 Big hall at 5th floor, 4th , 3rd & 2nd floor commercial used at 1st floor, 2 shop & car parking at ground floor on about 4K-7ch-11sft of land”.
This indicates that the building plan was sanctioned on 15/02/2019 and assessment was done on 31/05/2023, it is a five-storied building instead of a four-storied building. Moreover, its first floor is being used a commercial area and there are two shops at the ground floor.
A consumer have the right for a new domestic service connection for his/her house whatever be its size and whatever be the load-factor to be consumed. But if the purpose of the connection is for using it commercially then the consumer have to comply with the necessary formalities as per existing laws. Here the complainant applied for domestic connection to use it commercially which is not to be allowed and liable to be rejected. Moreover, as the complainant herself is the developer of the building she should approach before the service provider as per law.
Hence considering all these aspects the complaint petition being no.CC/180/2023 is not admitted due to suppression and misrepresentation of the facts.
Dictated & corrected by me.
Member
