Smt. Sangita Paul, Member
This is a case was filed by Shri Dhrubajyoti Paul, S/o. Late Monoranjan Paul of Bose Pukur Colony, P.O. – Rajpur, P.S. – Sonarpur, Kolkata – 700 149 against the Station Manager, West Bengal State Electricity Distribution Company with a prayer for giving the electric connection to the complainant’s premise, to pay Rs.1,00,000/- to the complainant for mental agony and harassment, to pay Rs.20,000/- for the cost of litigation to the complainant.
The OP is the Station Manager, West Bengal State Electricity Distribution Company Limited. Rajpur Group Supply, Kolkata-700 149.
The case of the complainant, in short is that he is living in the 1st Floor separately and he is in possession of last 24 years in the building which was constructed by the complainant’s father. The complainant states that his brother along with his family members were enjoying electricity through the meter previously. That meter was in the name of the complainant’s father.
On 18.06.2021, the complainant went to the Office of the OP and applied for a new connection. The complainant fulfilled all the formalities and deposited Rs.200/- as application fee. Thereafter, the complainant visited many a time, but the OP refused to give connection. Despite payment of the requisite fees, the complainant failed to get the electric connection. The complainant filed another application on 16.04.2021 but the OP did not give the electric connection.
The cause of action arose on 16.04.2021 when the OP refused to install the electricity. The cause of action is still continuing.
Hence the complainant prays for giving the electric connection to the complainant’s premise, to pay Rs.1,00,000/- to the complainant for mental agony and harassment, to pay Rs.20,000/- as the cost of litigation.
The OP, in his written version states that the petition is not maintainable in law or in facts at all.
All the allegations are denied by the OP.
On 25.11.2011, the complainant deposited Rs.200/- to the OP. The OP carried out an inspection on 16.12.2011 of the said premises vz. Ashirvad Bhavan and observed that there was no main switch at meter room. The main switch is very essential to connect the service line with the meter. The OP requested the complainant to install main switch. The complainant has not informed the OP whether the main switch has been installed till today or not. As the complainant made no investigation the petition dated 16.12.2011 was cancelled.
After 10 years of the application, the complainant applied for the new service-connection. The OP requested the complainant to apply through proper channel. The OP advised to apply again. The complainant refused to co-operate. The complainant misbehaved with the OP. The OP went to the complainant’s house, but the complainant did not co-operate.
If there is any objection of the complainant, the complainant may inform the Central Grievance Redressal Office or Grievance Redressal Officer. If he was aggrieved, he may appeal to West Bengal Electricity Regulatory Commission as Electricity Act, 2003.
OP states that there is no deficiency in service on the part of the OP. Hence the OP prays for dismissal of case with cost.
That the complaint was filed on 04.05.2021. The case was admitted on 06.07.2021. On 15.09.2021, the complainant files track report showing service of notice upon the OP on 02.09.2021. On 01.10.2021, the OP files W/V along with power. Copy served. On 06.01.2022, the complainant files evidence on affidavit. Copy served. On 02.03.2022, the complainant prays for time for filing questionnaire. On 31.03.2022 OP files questionnaire. Copy served. The complainant is directed to show cause on 06.06.2022 for not filing reply. On 07.07.2022, the complainant files show cause which is found sufficient and accepted. On 22.08.2022, the complainant files reply. Copy is kept with the record. On 23.09.2022, the OP prays for treating his W/V as evidence on affidavit. On 07.12.2022, the complainant is directed to show cause for not filing questionnaire. On 28.02.2023, the complainant files questionnaire. Copy served. On 22.05.2023, OP files reply. Copy served. On 23.06.2023 argument was heard. BNA was filed and we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is there any deficiency in service and unfair trade practice adopted by the OP?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of the documents and records filed by the complainant and the OP, it appears that the complainant deposited Rs.200/- on 25.11.2011. He applied for a domestic connection to W.B.S.E.D.C.L. As the complainant deposited the fees, he is a consumer u/s 2(7) of the Consumer Protection Act, 2019.
So, the first point is decided in favour of the complainant.
Point No:2 :
The complainant applied for the new connection on 25.11.2011. He wants a new and separate connection at his residence. He resides in the 1st floor. Ten years have passed, but the complainant is yet to receive the service connection. After several persuasions, the authority of W.B.S.E.D.C.L. failed to provide connection. Electricity is an emergency service. The complainant faced sufferings year after year. The OP is yet to give the electric connection. As there are other owners, the complainant needed a separate connection and for which he had applied. The officials of W.B.S.E.D.C.L. had conducted the investigation. Still no connection has yet been given. On 21.04.2021, the complainant was informed by W.B.S.E.D.C.L. It was also mentioned in the letter that the complainant applied for the new connection ten years ago, still he had to apply through the new method. The reason for applying “through new method” is best known to them. It is due to the deficiency in service and unfair trade practice adopted by the OP, the complainant faced problem. The complainant faced too much suffering during hot summer days. Yet the problem was not solved. The complainant failed to understand the cause of delay. The OP must fulfill the required formalities for giving the new connection to the complainant’s residence. The complainant suffered for no fault of his own. So, the second point is decided in favour of the complainant and against the OP.
Point No.03 :-
The complainant also applied to the Station Manager on 25.08.2021. Electricity is an emergency service still he is denied of that service since long period of time. He applied for one electric connection for several time, but with no effect. Finding no other ways, he informed the Chief Engineer of CRM Cell. There are other meters in the same premise. Those meters are owned by other co-owners. The complainant had no electric meter of his own. The complainant applied for the meter showing sufficient ground. He is suffering for having no electric connection. He and his family members are facing severe hardship for want of separate connection of electricity. After inspection, the complainant was satisfied that he would get a new electric connection. Now the W.B.S.E.D.C.L. – personnel are instructing them to apply “through new method”. The matter appears totally incomprehensible to him. He loses all hopes of getting a new connection, spends time in mental agony and pain. Hence he is entitled to get relief as prayed for. So the third point is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds.
Fees paid is correct.
Hence, it is,
ORDERED
That the complaint case be and the same is allowed on contest against the OP with cost of Rs.5,000/- (Rupees five thousand).
That the OP is directed to give the electric connection to the residence of the complainant within 30 days from the date of this order.
The O.P. is directed to take assistance of the police, if required, for maintaining law and order situation at the locale at the time of giving new electric connection.
The cost of litigation is to be paid by the OP within the stipulated period of 30 days.
That the complainant is at liberty to put the order into execution if the orders are not complied with within 30 days from the date of this order.
Let a copy of this order be supplied to the parties concerned free of cost.
That the final order will be available in the following website: www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
