Presented by:
Minakshi Chakraborty, Presiding Member
BRIEF FACTS OF THE CASE :
This instant case has been filed by the complainant under section 35 of the Consumer Protection Act 2019. As per submission of the complainant, she is the lawful wife of the O.p. no.2. After her marriage, OP no.2 took away the complainant at his work place at Warangal, TElengal and after few years of the said marriage due to ill-treatment and extreme cruelty upon the complainant and her minor son by the O.p. no.2, the matrimonial life has become miserable and devastating and in the year 2020 the O.p. ousted the complainant from the flat of his workplace at Warangal, Telengana and thereby finding no other alternative the complainant alongwith her 10 years old minor male Child namely Rohan Mondal took shelter at the matrimonial home at Village Dhaipur, P.O.-Khariyap, P.S. Joypur, District-Howrah. Subsequently the complainant has also been tortured in the said address by the O.p. no.2 by physical, mentally as well as sexually. Furthermore the O.p. nos.3 to 5 are also inflecting cruelty upon the complainant by many way. One matrimonial suit being numbered 254 of 2022 is pending before Ld. ADJ Amta in between the complainant and the OP.
As per submission made by the complainant, in absence of the Complainant the OP no. 2 illegally and forcefully disconnected the Electric from the meter and broke the bathroom’s door and other sanitary utensils and damaged the refrigerator and other cocking utensils and illegally locked the main door of the said house in oreder to oust the complainant from the said matrimonial house.
That no other alternative, the complainant has filed a Matrimonial Suit being No.365 of 2022, pending before the Ld. 1st A.D.J. Court at Uluberia, an also filed an application for alimony Pendente Lite under Section 24 of H.M. Act and also a petition under Section 125 of Cr. P.C. all the cases are pending for determination.
That subsequently on 26/08/2022 the complainant applied for the new Electric Connection before the O.p. no.1 and on 27/08/2022 as the direction of the O.p. no.1, the complainant has deposited an amount of Rs.868/- only before the O.p. no.1 through e-Payment.
That on several occasions the complainant approached the OP1 to effect the electric connection immediate but by a letter dated 08/09/2022 OP1 has denied to effect the connection at the said house as rest of the OPs have made objection against the new connection at the said house.
Ultimately having no other alternative the complainant filed the instant case with a prayer to direct the OP1 to supply new Electric Connection by installing new Electric Meter at the said house in question, to award compensation to the tune of Rs.50,000/- for mental pain and agony and to award Rs.50,000/- as litigation cost.
DEFENCE CASE:
In spite of receiving notice none of the opposite parties appeared for which the case was running ex parte against all the OPs.
Evidence on record
The complainant filed evidence on affidavit and written notes of argument which are nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.
Argument highlighted by the ld. Lawyer of the complainant
Complainant has filed separate written notes of argument. As per BNA., evidence on affidavit and written notes of argument shall have to be taken into consideration for disposal of the case.
Heard argument of the complainant side at length. In course of argument Ld. Lawyer for the complainant has given emphasis on evidence and documents produced by them.
From the discussion hereinabove, we find the following issues/points for consideration.
Issues/points for consideration
- Whether the complainant is the consumer?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain the case?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief?
DECISION WITH REASONS
Issue no.1:
In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (7) of the Consumer Protection Act,2019.The point is thus answered in the affirmative.
Issue no.2:
As all the parties have their address within the district of Howrah and the claims do not exceed the pecuniary limit of this commission, so as per section ….of the Consumer Protection Act 2019, this commission has territorial as well as pecuniary jurisdiction to entertain the instant complaint case. This point thus disposed of accordingly.
ISSUE 3& 4
Both the issues are taken into consideration for the sake of convenience.
The complainant is the lawful wife of the OP2. After her marriage, OP no.2 took away the complainant at his work place at Warangal, TElengal and after few years of the said marriage due to ill-treatment and extreme cruelty upon the complainant and her minor son by the O.p. no.2, the matrimonial life has become miserable and devastating and in the year 2020 the O.p. ousted the complainant from the flat of his workplace at Warangal, Telengana and thereby finding no other alternative the complainant alongwith her 10 years old minor male Child namely Rohan Mondal took shelter at the matrimonial home at Village Dhaipur, P.O.-Khariyap, P.S. Joypur, District-Howrah. Subsequently the complainant has also been tortured in the said address by the O.p. no.2 by physical, mentally as well as sexually. Furthermore the O.p. nos.3 to 5 are also inflecting cruelty upon the complainant by many way. One matrimonial suit being numbered 254 of 2022 is pending before Ld. ADJ Amta in between the complainant and the OP.
As per submission made by the complainant, in absence of the Complainant the OP no. 2 illegally and forcefully disconnected the Electric from the meter and broke the bathroom’s door and other sanitary utensils and damaged the refrigerator and other cocking utensils and illegally locked the main door of the said house in oreder to oust the complainant from the said matrimonial house.
That no other alternative, the complainant has filed a Matrimonial Suit being No.365 of 2022, pending before the Ld. 1st A.D.J. Court at Uluberia, an also filed an application for alimony Pendente Lite under Section 24 of H.M. Act and also a petition under Section 125 of Cr. P.C. all the cases are pending for determination.
That subsequently on 26/08/2022 the complainant applied for the new Electric Connection before the O.p. no.1 and on 27/08/2022 as the direction of the O.p. no.1, the complainant has deposited an amount of Rs.868/- only before the O.p. no.1 through e-Payment.
That on several occasions the complainant approached the OP1 to effect the electric connection immediate but by a letter dated 08/09/2022 OP1 has denied to effect the connection at the said house as rest of the OPs have made objection against the new connection at the said house.
To substantiate her case the complainant has filed the copy of transaction receipt being annxure no. 3 wherefrom it appears that she has paid an amount of Rs.868/ in favour of WBSEDCL. She has also annxed the photocopy of the leer marked as annxure 4 issued by WBSEDCL where it has been written “ way leave permission as per Format –A not obtained” , for which it may not be possible on the part of the WBSEDCL to provide connection.
None of the OPs appeared to defend themselves, and from the statements made in the complaint petition, it appears that two matrimonial suits are pending between the complainant and OP2 and as such there is reason to believe that neither of the OPs will allow free access on the part of the house where the meter is to be installed by OP1.
Considering the above situation this commission finds reason to think that a person is supposed to get the electric line in order to lead a life in the modern age. Accordingly the petitioner should get the benefit of the modern age by having electric connection for herself and also for her minor son who is also suppose to be benefitted by having electric connection in order to prosecute his studies.
In view of the facts and circumstances stated herein above, this commission is of considered opinion that there is deficiency on the part of the OPs and the complainant should be allowed to get the reliefs as prayed for.
Both the issues are thus disposed of.
O R D E R E D
That the Complaint case no 281 of 2022 be and the same is decreed ex parte against all the OPs.
The complainant do get electric connection from OP. no. 1(WBSEDL) within 45 days from date. The petitioner do arrange for free access of the personnel of OP1to provide electric connection on a particular point for installation of electric meter.
The petitioner do arrange for police help if necessary in case such a situation arise.
The complainant do further get Rs.30,000/ For harassment and Rs.15000/ towards litigation cost from the OP no. 2 within 45days from date.
In case OP no. 1 and 2 fail to comply this order within the stipulated period, complainant is at liberty to take recourse to law.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
The Final Order will be available in the following website The word file is drafted and corrected by me.
(Minakshi Chakraborty)
Member
D.C.D.R.C., Howrah
