Ld Advocate for the parties are present. Judgement is ready and pronounced in open Commission in 4 pages 2 separate sheet of papers.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the Complainant has permanent residence within this jurisdiction in the above mentioned address. The opposite party is the Officer of said Mahishadal Group Electric Supply, W.B.S.E.D.C.L., Mahishadal, Purba Medinipur. The complainant is residing at plot No. 637 of Mouza - Rangibasan, J.L.No.110, Kh.No.289, under P.S. Mahishadal, Dist- Purba Medinipur taking permission of the Gram Panchyat, Natsal-1 for construction of dwelling house. He is residing with all family members without electricity the complainant pays rent to the Govt. of West Bengal & Tax to the Gram Panchayat. The complainant prayed for new electric connection from the office of the opposite party dated 08/04/2021 & Application No.2003606177, Reference ID 203380288, Consumer Type-Individual Owner. The Officer of Mahishadal Group Electric Supply, W.B.S.E.D.C.L., Mahishadal, Purba Medinipur did spot enquiry of the complainant’s residential house, and submitted report to the said department. The complainant came to know from the said department for about issuance of quotation for new connection of the complainant’s residential house being Transaction ID-VSBI9906447483 dated 15.04.2021, & also deposited the cash amount of Rs. 8396.00 to the said department. The complainant deposited the quotation amount of the said office cash counter being cash receipt No./ Transaction ID-VSBI9906447483 dated-15-04-2021 with in due time. The complainant submitted all necessary documents to the said electric department for new electric connection. The complainant made enquiry time to time to the said department for new electric connection to the complainant’s residential house. The complainant is a needy family person and a Senior Citizen. He suffered mental Pain & agony. The complainant’s house is at  Haldia Mecheda Road thereafter only one common baram pathway leads to the complainant’s . All co-sharers of this plot have filed no objection  to the said department ; and also certificate issued by the Gram Panchyat Pradhan for New Electric Connection to the complainant’s house has been filed. The said department did not draw new electric connection till date. The Complainant sent legal notice dated 18/04/2022 to the opposite party. The departmental officer refused to give new electric connection  on 27.04.2022. The cause of action arise on and from 15/06/2022. The complainant has filed this case praying for directing the op to draw a new electric connection in the complainant's residential house as early as possible to pay litigation cost of Rs.5000.00 and also to pay compensation of Rs 12,000/- to the complainant and to give any other relief to the complainant which this Commission may deem fit and proper.

The op has contested the case by filing written version against the complaint of this case stating inter alia that the statements as made in paras 3 to 18 of the complaint are false. The statements of the complaint which are not specifically denied shall not be deemed to be admission of this Opposite Party. The Complainant Nirmalendu Jana applied for new service connection through online mode and generated quotation bearing No.-2003606177 for a new domestic connection. Thereafter, for the same he has deposited quotation money on 15.04.2021. Subsequently one physical inspection of premises of the complainant was done by the official of Opposite Party. On inspection of the said premises where complainant is seeking connection it was found that it is a residential complex which is under construction. So the Connection does not fall under “Procedure A”. Applicant needs to take connection under “Procedure B”. The said fact was conveyed to the Complainant by the Opposite Party. On 27.04.2022 Complainant sent a letter through his advocate Pradip Kumar Gajendra Mahapatra for effecting the said new connection. On 27.04.2022 Opposite Party replied to the complainant against the advocate letter dt. 19.04.2022 and said letter Opposite Party clearly stated the reason for non-effecting his domestic connection along with the procedure under which he needs to apply for getting connection is also mentioned. The Opposite Party states that Opposite Party is neither on deficiency of service nor liable for unfair trade practice in the present case. So complainant is not entitled to get any relief against this Opposite Party as prayed for. This Opposite Party states that the Complainant has no cause of action to institute the instant case against this Opposite Party. The claim of the Complainant in this case is totally false, frivolous, baseless, incorrect, and unwarranted in law and as such the Complainant is not entitled to have the relief as prayed for. Only to harass this Opposite Party Complainant has filed the instant case with false pretext.

Points for determination are:                                                  

1. Is the case maintainable in its present form and in law?    

2. Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused and assessed the affidavit of the complainant, written version filed by op, evidence of both parties WNA and other documents. We have anxiously considered the arguments advanced by the Ld counsel of rival parties.

Indisputably, the complainant applied for a new service connection through online mode and generated quotation bearing No.-2003606177 for a new domestic connection. Thereafter for the same he has deposited quotation money on 15.04.2021. As such, the complainant being a Consumer has alleged grievances of deficiency in service against the op .The bundle of facts indicate that the case is maintainable in its present form and in law.

There is no materials on record to show that the residential house in question  relates to any apartment built by any promoter or builder ; it is not the case of the op that any co-sharer had prevented to draw the electric connection or the proposed connection might interfere with private common interest. The Certificate issued by the Pradhan, Natshal- II GP dated 29.02.2024 does indicate anything about the apartment requiring procedure- B as pleaded  by the op. The Certificate issued by the Pradhan, Natshal- II GP dated 29.02.2024 ( Annexure -1) and Photo of the constructed house ( Annexrue -2) show that there is no impediment  for drawing electric connection in the dwelling house of the complainant , situated in plot No. 637 of Mouza - Rangibasan, J.L.No.110, Kh.No.289, under P.S. Mahishadal, Dist- Purba Medinipur.

Therefore , we are of the view that the complainant is entitled to get electric connection in his dwelling house, situated in plot No. 637 of Mouza - Rangibasan, J.L.No.110, Kh.No.289, under P.S. Mahishadal, Dist- Purba Medinipur. In the facts and circumstances of this case , we find that it is not a fit case where the order of compensation and litigation costs should be passed.

Both the points are disposed of accordingly.

Thus, the case succeeds in part.

Hence, it is

O R D E R E D

That CC/94 of 2022 be and the same is allowed in part on contest against the op.

The op is hereby directed to draw /give electric connection in the dwelling house of the complainant situated in plot No. 637 of Mouza - Rangibasan, J.L.No.110, Kh.No.289, under P.S. Mahishadal, Dist- Purba Medinipur within 30 days from the date of this order.

In default, the op will have to pay Rs. 100/- per day from the date falling after the date of expiry of said 30 days  till the date of installation of electric connection in dwelling house of the complainant.

The complainant will be at liberty to put the order into execution as per law.

Let a copy of the judgment be supplied to each of the parties free of cost.