Tapan Mondal,

 son of late Mohan Mondal,

residing at Village – Nunebarh, P.O. Deolay,

P.S. Shyampur,

District  – Howrah,

PIN – 711301.-------------------------------------------------------------------- COMPLAINANT.

-          Versus   -

The  Station Manager,

Ajodhya Group Electric Supply,

Village & P.O. Ajodhya, P.S. Shyampur,

District – Howrah,

PIN – 711312. -----------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F   I   N   A    L       O   R   D    E     R

1.                  Shortly stated, the facts leading to the filing of the present complaint is that the

complainant applied before the O.P. for effecting new service connection at his schedule premises wherein he deposited the quotational money under the head of service connection on 16-08-2012 and lastly the new electric connection was effected on 06-11-2012 by the O.P. after completion of all the technical formalities. The complainant as it is stated claim a quantum of compensation for the delay of effecting service connection for 79 days from the O.P. as per WBERC Guideline. The complainant prayed before the Forum by filing this complaint for giving necessary direction upon  the O.P. for  granting  necessary relief and compensation for an amount of Rs. 79,000/- for delay of effecting the new service connection. Hence the case.  

2.                  The O.P. herein WBSEDCL Authority is contesting the case  contending

interalia denying all the material allegations as made in the petition.  This answering O.P.  opined that before effecting new electric connection this particular petitioner/ complainant has been accused for theft of energy by hooking under Electricity Act, 2003 against the said premises for which a case bearing no. 221 of 2012 of Shyampur P.S. is pending before the competent court. Moreover, this answering O.P. further stated that as a commercial organization tried its level best to effect the new electric connection to the complainant premises after proper utilization his available resources on 06-11-2012 without any unnecessary delay and as such the allegation for delay of effecting connection does not hold good and the case is liable to be dismissed. 

3.                  Upon pleadings of both parties two points arose for determination :

i)                    Whether the O.P.  has negligent in activities and also deficiency

in service by not effecting  the new service connection  in due time .  ?

ii)                  Whether the complainant is  entitled to get any relief  and compensation as prayed for ? 

DECISION  WITH   REASONS      :

4.                  Both the points are  taken up together for consideration. It is admitted facts that

the complainant applied before the O.P. on 16-04-2012 by depositing Rs. 200/- as EMD followed by depositing the quotational money of Rs. 735/- on 16-08-2012 through receipt nos. 3141 & 3142.  The new service connection was effected on 06-11-2012 as per record after observing all other technical formalities including execution of agreement.

5.                  We have also taken into consideration the point raised by the O.P. that the

complainant Shri  Tapan Mondal was accused for theft of energy under Electricity Act, 2003 for hooking in the said premises for which a criminal case is still pending before the appropriate court. Moreover, the complainant  consumer filed an application on 10-08-2012 before the O.P. for submission of final assessed bill against theft of energy.

6.                  Had it been so, as gathered from the record, it is necessary / obligatory part on

the behest of O.P. for taking concurrence / approval from the higher authority for effecting new service connection against the premises of the complainant where a criminal case is pending for hooking against unauthorized use of energy. 

7.                  Considering the above we have considered opinion that the compliant as

lodged by the complainant in his petition is far from truth and is not tenable in the  Court of Law for which we have not visible any latches / negligence on the part of the O.P. for effecting new service connection in a delaying tactics.

8.                  Under the circumstances stated above, we concluded our further considered

opinion that the O.P. has no  latches on his part and deficiency in service as pointed out by the complainant for delay of effecting service connection does not hold good.

        The complaint as lodged by the complainant in his petition has no merit at this stage.

          In the result, the complaint fails.

      Hence,     

O     R     D      E      R      E        D

      That the C. C. Case No. 54 of 2013 ( HDF 54 of 2013 )  be  and the same is dismissed on contest  against the O.P. without cost.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

     (   P. K. Chatterjee )                                                                 (   P. K. Chatterjee )

   Member, C.D.R.F.,Howrah.                                             Member,  C.D.R.F.,Howrah.

       (  Jhumki Saha  )                                                                     ( T.K. Bhattacharya )                                                               

 Member, C.D.R.F.,Howrah.                                              President, C.D.R.F., Howrah.