A Lackadaisical approach by the OP in providing domestical electrical connection to the complainant after payment of quotation amount has irked the consumer, herein the complainant to lodge this complaint for adjudication and redressal u/s 12 of the C.P Act 1986.
The essence of the complaint is that the complainant applied for domestic electrical connection at his native home under the jurisdiction of the OP1 and accordingly a quotation notice was issued to the complainant by the OP1 and the complainant has paid the quotation amount and the security deposit on 09.03.2017. His consumer ID No. referred in the quotation is 401872948. The complainant holds the traditional ‘Basanti Puja’ at his home every year and in 2017 the Puja days commenced on 02.04.2017, before which he expected his electrical connection to be effected. But unfortunately it had not been done and he had to hire Genarator for lighting his house during the Puja days. After that the complainant had gone time and again to the Op office for effecting the electrical connection and finally he in writing on 22.03.2018 prayed for the electrical connection as the commencement of Basanti puja in 2018 is going to be on and from 23.03.2018. But the OP has further paid a deaf ear to his request. So the complainant has come to this Forum on 11.04.2018 filing this instant complaint, Wherein he claimed Rs.19,500/- for Genarator charge and Rs. 50,000/- as compensation and Rs. 10,000/- as litigation cost .
The OP in his written version from Para 1 to 7 has denied all the averments and the receipt of any amount for quotation and even the consumer ID No. But in para 8 of his written version he has admitted the complainant as his consumer and received the amount of quotation money. He has told with document that one letter vide No. PCCC/LI/186 (iii) dt.11.03.2017 was issued to the complainant asking for report of completion of wiring, but the complainant had submitted no reply to it. The OP office further on 10.10.2017 had given an intimation regarding deficiency in LT infrastructure but here also no reply from the complainant has been received by the OP1. The complainant has requested in writing for effecting his electrical connection on 22.03.2018 and the electrical connection has been effected on 25.03.2018 as per copy of the blue card filed to this Forum.
On argument the Ld. Lawyer for the Op stated this Forum with document (copy of the yellow card issued by the OP office) that the electrical connection has been effected from 16.04.2018 and the copy of the bill dt.16.05.2018 shows the bill amount Rs 56/- for the period from 25.03.2018 to 23.04.2018 and Rs.50/- of the bill has already been paid by the complainant. So what the OP is telling effecting the electrical connection on 25.03.2017 is not correct. This is a gross deficiency on the part of the Op for effecting the electrical connection after about a year of depositing the quotation money, according to rule which is to be completed with 90 days from the date of the receipt of the quotation amount. The complainant in person has denied that the letters as mentioned by the OP have yet been received by him.
On argument the Ld. Lawyer for the OP stated to the Forum that the complaint has been lodged after effecting the electrical connection and questioned the originality of the yellow card. But in reply to the question to this Forum, this averment of the originality of the yellow card to be enquired into the ld. Lawyer for the OP and the OP in person declined to accept that. The OP has filed the copy of the despatch register regarding issue of the letters and the copy of blue card bearing No. 0274986.
Points for decision:
- Is the complainant a consumer to the OP?
- Is there any deficiency in service on the part of the OP?
DECISION WITH REASONS
The OP has admitted the complainant as his consumer. From the above discussion and arguments filed by both the parties regarding the copy of blue card and the yellow card which differ regarding date in effecting electrical connection a suspicion has risen in ourselves. From the copy of the blue card filed by the OP it is found that some M/S Guha Ent has filed the report to the OP office that the connection has been made on 25.03.2018, but the yellow card copy lying with the complainant reveals that the electrical connection was effected on 16.04.2018. So it is partly true that the electrical connection was effected before getting summons from this Forum in the instant case the electrical connection effected on 25.03.2018 or 16.04.2018 as the track record of the postal department shows that the summons has been received by the OP on 20.04.2018. But it is true that the OP has shown deficiency in service and negligent attitude in effecting electrical connection within time. A year has been passed already after receipt of the quotation money for effecting the electrical connection. It may be true that the electrical connection is a domestic connection and not for temporary festival connection. But we feel the person/persons of the OP office entrusted with the job of effecting electrical connection has no sense of duty.
Hence, it is
O R D E R E D
The OP is directed to pay Rs.20,000/- as compensation for causing harassment & mental agony to the complainant and 5,000/- as litigation cost within 30 days from the date of this order, failing which an interest @ 9% will be accrued on the compensation amount till the full realization of the amount. The compensation amount and litigation cost is to be recouped from the fund of the persons being negligent in discharging his/her/their duty properly and responsible for harassment and causing agony to the complainant.
The complainant is directed to deposit Rs. 5,000/- by cheque/bank draft to State Consumer Welfare Fund, West Bengal immediately after receiving the entire compensation amount.
The case be and the same succeeds on contest.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
