District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Shri Siddhartha Ganguli                      - Member

Smt. Swapna Saha                             - Member

Consumer Complaint No. 23/2015

Sri Niren Mali

S/o Late Gopeswar Mali

Vill. Chakdapat

P.O. Trimohini P.S.: Hili,

Dist. Dakshin Dinajpur                      …………………Complainant(s)

V-E-R-S-U-S

1.   The Station Manager,

      W.B.S.E.D.C.L.,

      Vill & PO Trimohini, P.S.: Hili

      Dist.: Dakshin Dinajpur. 

2.   The Executive Engineer

      W.B.S.E.D.C.L. , PO & P.S.: Balurghat

      Dist.: Dakshin Dinajpur.  

3.   The B.D.O. Hili Block,

      Vill, PO & P.S.: Hili

      Dist.: Dakshin Dinajpur.                 

4.   Bipul Mali,

      S/o Sribash Mali

      Vill. Chakdapat, P.O. Trimohini P.S.: Hili,

      Dist.: Dakshin Dinajpur.               …………………Opposite Parties

Ld. Advocate(s):

For complainant          ………………  - Shri Debraj Chakraborty

For OP-1                     ………………  - Shri Sudip Chatterjee

For OP-2                     ………………  - None

For OP-3                     ………………  - In Person

For OP-4                     ………………  - None

Date of Filing                                       : 23.03.2015

Date of Disposal                                 : 09.10.2015

                                                                                                Contd…P/2

Judgment & Order  dt. 09.10.2015

            The case of the complainant in brief is that the complainant applied for electric connection to run his submersible pump and he deposited the earnest money with the expectation that if it would get the electric connection for submersible pump and his agricultural production would be boosted up so that he can earn substantiative amount by selling his agricultural products. The complainant sent a letter to the OP-1 asking for quotation and the quotation was provided by the OPs and in terms of the said quotation the complainant paid the amount, but no electric connection was provided to his submersible pump causing a huge financial loss because of destruction of agricultural product, as such the complainant prayed for compensation and also sought for necessary direction upon the OPs for providing electric connection.

            OP-1 has contested the case by filing a written version whereby the OP-1 denied all the material allegations made by the complainant. It was specifically stated that the complainant never applied for submersible pump and the application No. 4000496815 dt. 4.10.2012 through which the complainant has claimed that he deposited earnest money for his submersible pump in the year 2012 but from the data base generated report of the office which has been mentioned that the said application had been made for domestic service connection with a capacity load of 320 watts. Previously the complainant took electric connection for his cultivation purpose and he paid the bills since the said system is not available and accordingly SIIS connection due to interested number of connection of villagers and increased connection load show the OPs are unable to proceed further.

            It has also stated that the OPs have enquired in several offices as per the report of Assistant Director of Agricultural & Pradhan, Dhalpara G.P., Hili Block office in which the OPs sought for report wherefrom it appears that no cultivators suffered for the purpose of irrigation and accordingly OP-1 has prayed for dismissal of the case.

                                                                                                Contd…P/3

On the basis of the pleadings of the respective parties following points are to be determined :-

1. Whether the complainant applied for STW electric connection for running his submersible pump?
2. Whether any quotation money was deposited by the complainant?
3. Whether the complainant suffered any loss from his agricultural production?
4. Whether the complainant 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 the facts.

            From the materials on record it appears that the complainant has claimed that he applied for electric connection for running his submersible pump for the purpose of boosting his agricultural product. In order to prove the same the complainant has filed some documents and in support of said documents Ld. Lawyer for the complainant emphasized that the OP-1 illegally denied the claim of the complainant by not giving electric connection to his submersible pump. It was also argued by the Ld. Lawyer for the complainant that earlier the complainant used to run his submersible pump on the basis of the temporary connection provided by the OP-1. But unfortunately the said system has been discontinued for which the complainant had to apply for connection of electricity to run his submersible pump. Since, the claim of the complainant was not entertained by the OP-1 the complainant has also suffered financial loss as his agriculture product has suffered to a great extent and the complainant has accordingly claimed for compensation.

            Ld. Lawyer for the OP-1 submitted that the quotation money and the memo number which has been mentioned in the complaint was that of getting a connection for consumption of electricity in his residence. The OP-1 never accepted any money from the complainant to provide

                                                                                                Contd…P/4

electric connection to the complainant for running his submersible pump. Ld. Lawyer for the OPs argued that in order to prove the complainant did not suffer any loss due to not getting electric connection in his submersible pump and in order to prove the same the OP-1 has filed some documents from the Agriculture Officer and the local Panchayat to prove that no farmer has suffered due to non-availability of water in the block whereby the complainant has his land as claimed by him.

            Considering the submission of the respective parties it appears that the complainant has failed to prove by producing any document to prove that he applied for any STW connection or he paid any quotation money, number the complainant has mentioned in the petition relates to his domestic connection which the complainant is enjoying. It is also found from the materials on record that earlier electricity was provided in submersible pump in the locality for specific period for which the complainant paid the amount and enjoyed the electricity for running his submersible pump. Subsequently, with the demand of farmers of the locality to get electric connection since load capacity was not much in that locality as such the said system was discontinued i.e. the temporary arrangement was made by the OP-1 to the farmers that cannot give any right to the complainant to claim electric connection in submersible pump permanently. Only in lean period the said connection was provided. So far as the submission made by both the parties it appears that the complainant though claimed that he suffered financial loss due to not getting electric connection in submersible pump but the said fact is negated from the documents filed the OPs which reveals that no farmer suffered in the said block during the period and no loss of agricultural product had taken place to the farmers during that period. Since the temporary arrangement had to be postponed due to excessive demand and which could not mitigate the load factor in the line which compelled to the OPs to discontinue that system, which

                                                                                                Contd…P/5

cannot give right to the complainant to claim electricity for running his submersible pump particularly when the OPs did not accept any quotation from the complainant to provide electric connection to his submersible pump to the complainant. Therefore, consideration all these aspects we hold that the complainant will not be entitled to get any relief as claimed by him.

             Hence, it is                   

                                                O R D E R E D

            that the instant petition of complaint CC No.23/2015 is dismissed on contest without any cost.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

            Dictated & corrected

            ………Sd/-….…….                                                    

            (S. N. Chatterjee)                                                       

                President                                                                

            We concur,

            ……Sd/-..……                                                            ……Sd/-..……           

                (S. Saha)                                                       (S. Ganguli) 

                 Member                                                            Member      

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of dispatch                                ……………………
2. Date of dispatch                                  ……………………

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