West Bengal

Paschim Midnapore

CC/67/2011

Sri Nirmal Kumar Jana - Complainant(s)

Versus

The Station Manager, Gr.Electric Supply, W.B.S.E.D.C.L - Opp.Party(s)

05 Jul 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Complaint case No. 67/2011                                              Date of disposal: 05/07/2012                               

BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                     MEMBER :  Mrs. Debi Sengupta.

                                                     MEMBER :  xxxxxxxxx

 

For the Complainant/Petitioner/Plaintiff: Mr. A. K. Dutta.

For the Defendant/O.P.S.                          : Mr. S. K. Bhattacharya & Mr. A. Das.

Sri Nirmal Kumar Jana, S/o-Lt. Krishnapada Jana of Vill-Laxmikundu, P.O.-Kashinathpur, P.S.-Daspur, Dist-Paschim Medinipur………….Complainant.

                                                              Vs.

1.  The Station Manager,  Gr.Electric Supply, W.B.S.E.D.C.L., P.O.-Sonakhali & P.S.- Daspur, Dist-Paschim Medinipur
2. The Regional Office, Paschim Medinipur, W.B.S.E.D.C.L., at K-20, Saratpally, P.O. & P.S.- Midnapire, Dist-Paschim Medinipur
3. Sri Bijoy Krishna Jana, S/o-Lt. Binodbihari Jana, Vill-Laxmikundu, P.O.-Kashinathpur, P.S. Daspur, Dist-Paschim Medinipur  .…………………Ops.

            The case of the complainant, in brief, is as follows

            The present case has been filed by the complainant praying for a direction upon the Op No.1. So that the Op No.1 changes the service connection of the Mini Deep Tubewell now standing in the name of the Op No.3, in favour of the complainant.

The case of the complainant, in a nut shell, is that, the Op No.1 is his close relation.  The Op No.3 has been running a Mini Deep Tubewell after taking electric connection from the op No.1.  After sometime the OP No.3 became incapable of running the Mini Deep Tubewell and the complainant started running the same for on behalf of the Op No.3 and the complainant has been paying the electric charges to the Op No.1.   Thereafter, it was mutually agreed by the complainant and the Op No.3 that the electric service connection in respect of the Mini Deep Tubewell shall be transferred by the Op No.3 in favour of the complainant and accordingly the office of the op No.1 was contacted and according to their advice, the complainant made application for change of the electric connection of the Mini Deep Tubewell in his favour from the Op No.3 and the Op No.3 twice sworn and file affidavit stating his no objection in this

Contd………….P/2

- ( 2 ) -

regard.  Thereafter, on the basis of prayer of the complainant the op No.1 submitted quotation for such change and the complainant duly deposited the amount as per quotation to the Op No.1.  The complainant also duly paid the disconnection and reconnection fees but the Op No.1 made dilly dally and did not transfer the connection of the Op No.3, in favour of the complainant.  The electric connection having not been transferred in favour of the complainant, he approached the Assistant Director of Consumer Affairs, Paschim Medinipur and hearing took place before him when the OP No.2 disclosed that the transfer of connection in favour of the complainant was not possible because the Op No.3 had raised objection.  The Op No.2 also stated that he willing to return the money to the complainant which was deposited by him.  All these prompted the complainant to file the instant case.  The complainant maintained that there was deficiency in service on the part of the Op Nos.1&2.

Hence this case;

                          The Op Nos.1&2 contested the case by filing a joint written objections contending inter alia that the service connection stands in the name of the Op No.3.  That connection was sought to be transferred in favour of the complainant.  Since the Op No.3 objected regarding the papers filed by the complainant showing allegedly the consent given by the Op No.3, it was not possible to transfer the connection in favour of the complainant.  These Ops further contended the process of change of service connection was not completed as the Op NO.3 had raised objection. So the Op Nos.1&2 prayed for dismissal of this case.

    The Op No.3 contested the case that filing a separate W/O in which he contended, inter alia, that he is a consumer under the W.B.S.E.D.C.L and running the shallow deep tubewell for the last 32 years.  For a few years the petitioner looked after the shallow deep tubewell and paid the electricity charges for on behalf of the Op No.3 as the Op No.3 was old and aged person.  The specific contention of the Op No.3 was that the complainant obtained his signatures in some blank papers and also in non- judicial papers for the purpose of smooth running of the shallow deep tubewell. At that time the Op No.3 fully believed the complainant.  Subsequently, those papers were converted into affidavit and letter of consent.  It was further contended by the Op No.3 that he never gave consent to change the electricity connection in favour of the complainant.  So, the Op No.3 also prayed for dismissal of the case.

   Now it is for our consideration as to whether the complainant is entitled to get the relief as prayed for.

Decisions with reasons

    Admittedly, the electric connection in respect of the electric connection bearing No.CKK/IRI/10-Consumer No.5801342 in respect of the Mini Deep Tubewell standing in the

Contd………….P/3

- ( 3 ) -

name of the Op No.3 and he is consumer under the Op Nos.1&2.  It is also admitted that prayed for change of this connection in his favour and on his prayer a quotation was given by the Op Nos.1&2 and the complainant paid the quotation amount.  The documents on record also support these facts.

     Now, the only point upon which the fate of this case hinges is the consent of the OP No.3.  The complainant contended that by affidavit the Op No.3 gave his consent for change of connection.  The Op No.3 contended that to his knowledge, there was no such consent. The Op No.3 contended that the complainant is his near relation who used to look after the running of the Mini Deep Tubewell for on behalf of the Op No.3 and taking advantage of this situation, the complainant got the Op No.3’s signatures in some blank papers and non judicial stamp paper which were subsequently converted to consent papers.

  It is well known and the Ld. Lawyer appearing for the complainant also could not deny that the change as sought by the complainant was not possible in absence of the express consent of the Op No.3.  If we assume for a moment that at the first instance the Op No.3 gave consent voluntary in the matter of change of the service connection in favour of the complainant, still then subsequently he clearly took a stand that he was not in favour of the change of connection and specifically he registed the attempt of complainant to get the service connection changed in his name from the name of the Op No.3.  There cannot be least hesitation to say that since before the change of connection was effected, the Op No.3, the present service connection holder raised objection and under such circumstances there was no scope on the part of the Op Nos.1&2 to change his service connection in favour of the complainant.

     Thus, we do not find any merit in the present case and as such the case should fail

                                              Hence

                                                          ordered

                                                                        that the case be dismissed on contest.  However, the complainant shall be at liberty to withdraw the amount deposited by him with the Op NOs.1&2 for the change of connection and the Op Nos.1&2 are directed to refund the amount to the complainant within seven days of the prayer, if any, made by the complainant for such refund.

Dic. & Corrected by me.

                                                                             

              

         President                            Member                                                 President

                                                                                                               District Forum

                                                                                               Paschim Medinipur.