The complainant’s case may be stated as follows:
The complainant applied for electric connection on 24.03.2011 from the OP in his dwelling house as mentioned in the petition of complaint. He deposited Earnest money of Rs.200/- on 25.03.2011 and further deposited Rs.530/- on 29.07.2011 as per Quotation dtd.20.07.2011 of the OP. The OP did not release the connection in spite of several request made on the part of the complainant. The OP informed the complainant on 09.07.2012 in writing that he could not release the connection due to obstruction raised by the local people causing mental agony to the complainant. hence, the case for relief as prayed for.
The OP disputed the case by filing W/V wherein he denied all the material allegations made against him. It is stated interalia that the OP’s contractor had been to the spot, but failed to effect the service connection due to objection raised by the local people for erection of PCC pole, hence, the prayer for dismissal of the instant case.
Point for discussion
Whether the complainant is entitled to get any relief as prayed for?
Decision with reason
We have carefully gone through the instant petition of complaint, W/V filed by the OP and the photocopies of documents filed by the complainant as per list on record including one original Affidavit. It is not disputed that the complainant deposited at first Rs.200/- on 25.03.2011 in connection with his application for service connection and further deposited Rs.530/- on 29.07.2011 as per Quotation dtd.20.07.2011 of the OP. We are unable to comprehend as to why the OP kept silent for a long time from 29.07.2011 (depositing of Quotation money) till sending of letter dtd. 09.07.2012 (almost 1 year). There is no explanation on the part of the OP for such inaction for the aforesaid period. Even in his W/V and in the letter dtd. 09.07.2012 no date has been mentioned when the OP was obstructed by the local people..
The aforesaid inaction during the period as mentioned above by the OP squarely points out deficiency in service in his part. In our considered view, therefore, the complainant is entitled to relief as to direction upon the OP for release of service connection in favour of the complainant.
The above point is thus disposed of in favour of the complainant.
Hence, it is,
ORDERED
that the instant complaint case be and the same is allowed in part on contest with cost of Rs.500/- against the OP. The OP is directed to release electric service connection in favour of the complainant’s dwelling house with police help, if necessary, within 30 days from the date of communication of this order failing which the complainant will be at liberty to execute the case in accordance with law.
In case the OP fails to comply with this order within the stipulated period, he will liable to pay a fine @ Rs.50/- per diem from this day till compliance of the order.
S.S. Ali A.K. Bhattacharyya
Member President