Govt. of West Bengal
District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
Old Sub- Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur
Pin – 733101; Telefax: (03522)-270013
Present
Sri S. Ganguli - President-in-Charge
Miss. Swapna Saha - Member
Consumer Complaint No. 24/2016
Nirendra Nath Sarkar
S/o Late Anil Sarkar
Vill.: Sahapur , PO: Bhikahar, PS: Tapan,
Dist. Dakshin Dinajpur –733 142 (M) 9647744080……Complainant(s)
V-E-R-S-U-S
1. The Station Manager & A. E.
W.B.S.E.D.C. Ltd., Tapan Group Electric Supply
PO & PS: Tapan,
Dist-Dakshin Dinajpur - 733127
2. The Divisional Manager, Division Office
West Bengal State Electricity Distribution Ltd.
PO & PS: Balurghat,
Dist.: Dakshin Dinajpur-733101…………………Opposite Parties
Ld. Advocate(s):
For complainant ……………… - Sri Debraj Chakraborty
For OPs ……………… - Sri Sudip Chatterjee
Date of Filing : 20.09.2016
Date of Disposal : 25.01.2017
Contd…P/2
Judgment & Order dt. 25.01.2017
The fact of the case is that the complainant is a cultivator by profession and in order to cultivate his own land and for better agriculture, he wished to install a shallow tube well run by electric energy and for that purpose he submitted an application form being No. 4000776296, ID No, 401543492 and after enquiry the OPs directed the complainant to pay the quotation money and thereafter complainant paid of Rs. 3,800/- and Rs.3,712/- for service connection and security deposit respectively on 11.12.2015. The OPs after receiving the quotation money sent 5 poles and coils of electric wire for providing connection. But, in the mean time due to some unknown reason the work of SMP connection was stopped by OPs and through a letter vide Memo No.TPN/LETTER/423 dated 11.7.2016, OP No.1 intimated to the complainant that there was an outstanding amount of Rs.2,25,885.20 in the name of Sukesh Sarkar, vide Consumer ID No.433078695, who was the brother of complainant and as there was nexus existed, the complainant was requested to clear the outstanding dues as early as possible to effect the service connection.
It is stated that the complainant and Sukesh Sarkar having their own respective separate houses from one another. Even they have separate mess and also separate landed properties. There is no liability or responsibility upon each other; they are neighbors and brothers as well.
It is stated that the said Sukesh Sarkar was a valid consumer of the OPs vide Consumer ID No.433078695, Tariff class-C(T) since 2004 and he had been regularly paying the bills in cash on proper receipts. From the year 2010 problem had arisen over the issue of excess amount of energy bills regarding his service connection and he had intimated in that regard to the OPs on different dates.
Contd…P/3
It is further stated that on 14.12.2012 the energy meter of said Sukesh Sarkar was missing or had been theft but the OPs served exaggerated bills to him but due to non-payment the service connection has been disconnected and as a result of such he suffered a lot economically.
The complainant visited the office of the OPs but OPs did not provide the electric connection to the complainant for his own land. He waited for about 8-9 months but got no fruitful result. Thereafter, he filed this case against the OPs on the allegation of negligence and deficiency in service on the part of OPs and the complainant prays for an order against the OPs and to supply the coils of electric wire for Transformer to SMP connection in the name of the complainant, to install energy meter to the SMP line and connect the same. The complainant further prays to pay compensation towards the severe agricultural economic loss for 8-9 months, mental agony, harassment and deficiency in service on the part of OPs to the tune of Rs.1,50,000/- with all costs and litigation cost along with 12% interest from 11.12.2015.
He also submitted the photocopy of registered deed of his land vide Deed No.I-1278/2013, which stands in the name of the complainant and his wife, a copy of plot map, a copy of LR Khatian No.2282, a copy of letter of Pradhan No.7 Ramchandrapur G.Pdated 09.01.2017, wherein the Prodhan certified that the said two brothers residing separately.
The complainant also submitted the copy of letter sent to OP No.1 for effecting his service connection on 11.8.2016, a copy of letter dt. 30.7.2016 addressed to OP No. 2, copy of receipts for payment of Rs.3,000/- and 3,712/- respectively, a copy of letter of the OPs dated 11.07.2016, wherein the OPs expressed inability to provide electric connection to the complainant on account of outstanding dues of his brother as aforesaid.
Contd…P/4
The notices were issued upon the OPs and they appeared before this Forum on 19.10.2016 and thereafter filed written version on 07.12.2016. It is the contention of the OPs that the complainant filed an application for installation of a submersible pump on 25.11.2013 vide his application No.4000776296 and he was instructed to fulfill all other formalities for providing electric connection and meter. The OPs instructed his staff to hold an enquiry, and the complainant was also advised to take permission from the authority of ‘Swiid’.
It is stated in the written version that the OPs later on found that a connection of submersible pump had also been issued in the name of his brother Sukesh Sarkar and his plot is very close to the land of this complainant and it was detected during an enquiry that an amount of Rs.2,25,885.20 was lying due from the said brother Sukesh Sarkar and it was detected during the departmental enquiry that Sukesh Sarkar used to sell water from his submersible pump to the nearby cultivators and there was a video clipping in their hand, which was clear violation of section 135 of the Electricity Act.
It is further stated in written version that the complainant purchased a small piece of land in the last part of the 2013 and with a motive of doing water selling business to the neighbouring cultivators, applied for fresh connection, though he was used to buy water from his brother’s pump. It is further stated that due to non-payment of dues amount the connection of the pump of his brother was disconnected and both the brothers made a plan and submitted application for getting a connection of submersible pump in the name of the complainant. The said two persons are full blooded brothers and their lands were situated side by side and there is nexus exists between them, as this complainant got benefited from his brother’s pump. As there is nexus existed between the complainant and his brother and a large amount is still unpaid on his brother’s connection and unless the payment is
Contd…P/5
made, this complainant will not be eligible to get electric connection. It is further stated that the complainant also did not sign the quotation as required for processing for getting connection and there is no negligence on the part of the OPs.
The OPs submitted one copy of West Bengal Electricity Regulatory Commission’s notification and a copy of letter of the Pradhan No.7, Ramchandrapur G.P. dt. 06.01.2017.
On the basis of the complaint petition, written version, documents annexed by the parties and hearing both sides, the following points are to be framed.
- Whether the complainant is a consumer or not?
- Whether the complainant is entitled to get electric connection as applied for?
- Whether the complainant will be entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
It is the case of the complainant that he had applied for getting electric connection for running a shallow tube well for his agricultural purpose and the OPs received the amount of Rs.3,800/- and Rs.3,712/- for service connection and security deposit respectively. The OPs thereafter sent poles for erection and coils for effecting electric service. But, later on the OPs vide a letter dt. 11.7.2016 expressed their inability to provide electric connection to the complainant by showing the reason that the brother of the complainant namely Sukesh Sarkar, Son of Anil Sarkar, vill: Sahapur, PO: Bhikahar, P.S: Tapan, had an outstanding dues to the tune of Rs.2,25,885.20/- against his consumer ID No.433078695 and a close nexus existed between them, so the OPs requested the complainant to clear the dues as aforesaid so that the OPs could effect his service connection.
Contd…P/6
The complainant during hearing submitted that he and his brother namely Sukesh Sarkar have their own respective separate houses from one another and they are residing in a separate mess and they have separate landed properties and therefore there is no ground the denial for getting electric connection.
From the written version it is elucidated that the complainant purchased a small piece of land in the last part of 2013 with a motive to sell water to the neighbouring cultivators applied for electric connection for running a pump. The complainant used to buy water from his brother namely Sukesh Sarkar and got benefited and the lands of both the brothers are very close to each other. A large amount is unpaid due to the service connection of his brother Sukesh Sarkar and as there is a nexus exists between them, therefore, the OPs expressed inability to provide electric connection to the complainant unless the payment of his brother is made.
During hearing the OPs submitted that as there is a huge amount pending in the name of his brother, namely Sukesh Sarkar and as the land of Sukesh Sarkar and the complainant is very close to each other, there may be possibility that the said brother of the complainant shall sell water to the neighbouring cultivators from the service connection of the complainant. It is further submitted by the OPs that in order to avoid payment of outstanding dues of Sukesh Sarkar, and to run the business, both the brothers chalked out a plan and the complainant in the guise of his brother files this case in order to get electric connection .The Ops further argued on the point of nexus and pressed reliance on the letter of the Prodhan, No:7 Ramchandrapur G.P dated 06.01.2017,wherein the Prodhan certified that the land of the Complainant had been irrigated from last 4 years from the water supplied by the Pump owned by his brother Sukesh Sarkar.
Contd…P/7
It is argued by the OPs that the land deed of the complainant stands in the name of the complainant and his wife, but his wife did not give any written consent to get electric connection. Apart from that the land is too meager in size, only about 45 decimal.
The OPs further argued that they held an enquiry and detected that the complainant used to take water from his brother’s pump, namely Sukesh Sarkar and further sought information from the Pradhan, 7 No. G.P. (Ramchandrapur GP), Kardaha, Tapan, who in turn informed the OPs that the land being Plot No. 3330 (sabek), Hal Plot No.1106, JL No.182, mouza: Benipur had been irrigated from 4 years from the submersible pump of Sukesh Sarkar.
The OPs further raised the question of nexus and submitted the W.B. Electricity Regulatory Commission’s notification, and high lighted the provision of 13.9.
It is stated in 13.9 of the said regulation that “ for getting new connection for supply of electricity from a licensee an intending consumer shall be required to pay all outstanding dues to the licensee in respect of any other service connection held in his / her name located in the area of supply of the same licensee and he / she shall also be responsible for payment of outstanding charges calculated in a prorated manner, if it is established that he/she has had a nexus with the previous consumer(s) including the purchaser / the new lessee/ the new tenant of a property or a portion there of in respect of which there are outstanding charges and / or who has / had benefited from non-payment of the aforesaid outstanding dues by the previous consumer(s) to the licensee”.
From the pleading of both sides and considering the materials on record, we find that the complainant who applied for getting electric connection and has paid the amount as service connection and security deposit is a consumer, as per the letter and spirit of the definition of
Contd…P/8
consumer u/s 2(i)(d) of the CP Act, 1986. It is well settled principle that a person who had applied for getting any service and deposited the required fee or who might wish to be provided with the service is a consumer, within the meaning of the consumer.
From the documents filed by the parties, it is found that the complainant purchased a piece of land measuring about 45 decimal in Plot No.3330 (old), 1106 (new) under LR Khatian No:2282 under Benipur mouza, under Tapan PS in the name of him and his wife joining and again from the plot map it is seen that the plots of the complainant and his brother is very close to each other. It is further found that the Prodhan of No.7 Ramchandrapur G.P. vide his letter, Memo No. 05/RCP-GP/2017 dated 06.01.2017 informed the OPs that the land being Plot No. 3330 (sabek), Hal Plot No.1106, JL No.182, mouza: Benipur had been irrigated from 4 years from the submersible pump of Sukesh Sarkar and presently there is a boring of a new submersible pump.
Considering the report of the Prodhan and the Regulation as aforesaid, and the materials on record, we hold the view that there is a close nexus between the complainant and his brother, namely Sukesh Sarkar and the complainant got benefited from the water supplied from his brother’s pump and thus the nexus is clearly established between the two, and as such there is no negligence or deficiency in service on the part of the OPs. The Ops also did not deny to give electric connection to the Complainant .What they stated in their letter dated 11.07.2016 was to clear the dues of his brother so that they could effect service connection of the complainant.
However, in these modern days no one can live without electricity and especially when the electricity is needed for the purpose of irrigation and for livelihood.
Contd…P/9
But considering the present situation of the case we hold the view that as there is a close nexus exists between the complainant and his brother as aforesaid, the complainant is not entitled to get any relief at present from the OPs. The Complainant may get electric connection as prayed only after payment is made in respect of his brother’s connection.
The complainant failed to produce any evidence regarding loss sustained by him due to non-irrigation of his land on account of non-availability of electric connection and as such no order as to compensation is given.
Hence, all the points have discussed elaborately.
The OPs are directed to provide electric connection to the complainant for his irrigation purpose only after payment of dues of his brother, namely Sukesh Sarkar vide his Consumer ID No.433078695 is made.
However, the complainant is at liberty to withdraw the deposited amount as aforesaid, if he does not willing to get connection and in such a case the OPs are directed to refund the received amount to the complainant.
Hence it is.
O R D E R E D
that the instant petition of complaint CC No.24/2016 is allowed on contest in part but without any cost.
The OPs are directed to provide electric connection to the complainant for his irrigation purpose only after full payment of dues of his brother, namely Sukesh Sarkar vide his Consumer I.D. No.433078695 is made.
Contd…P/10
The complainant is at liberty to withdraw the deposited amount as aforesaid, if he does not willing to get connection and in such a case, OPs are directed to refund the received amount to the complainant.
Let plain copies of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………….…….
(S. Ganguli)
President-in-Charge
I concur,
…………..……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
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