A K BHATTACHARYYA
Complainant’s case, briefly stated, is that he applied for a new domestic electric connection to his residence in the first week of March 2011 and as per the direction of OP, he paid earnest money to the tune of Rs. 200/- on 15-03-2011. Thereafter, as per further direction of OP, he paid Rs. 503/- and Rs. 800/- as Security money and House SC Charge respectively on 22-11-2011. However, despite payment of requisite money as per the direction of OP and observation of necessary formalities, the OP did not take any positive step to effect electric connection to his premises, hence the instant case.
In support of his case, complainant submitted photocopy of Sale Deed, LR copy, Tax payment receipt, Money receipts issued by the OP, Quotation issued by OP, his letter to the OP dt. 14-01-2013.
OP took a positive part in the entire proceeding - on being served notice they appeared to contest the case, submitted written version and WNA and put a strong argument in their defence.
By their written version, OP denied all the material allegations especially as regards deficiency in service as alleged by the complainant. It is stated by the OP that during inspection they found that the schedule property is situated 75 mtrs. away from the nearest pole for which, one electric pole is required to be erected to effect service connection to the premises of the complainant. Therefore, they issued a quotation in favour of the complainant for a sum of Rs. 1,303/- which the complainant paid on 22-11-2011. It is further stated by the OP that the application of complainant is under process and that BRFG scheme has been started under the supervision of Project Manager, R.E. Purba Medinipur and pole cases are being monitored by R.E. wings of WBSEDCL and that as soon as next work order is issued by the Higher Authority of WBSEDCL as per serial, service connection would be provided to the complainant.
Points for consideration
On the basis of averments made by the parties, we consider the following points to arrive at a decision.
- Whether there is any deficiency in service on the part of the OP?
- Whether complainant is entitled to get any relief?
Decisions with reasons
Point nos. 1 & 2:
Both the points are taken up together for brevity of discussion.
We have perused the entire materials on record including the w.v., w.n.a. .and heard the submission of ld. lawyer of both sides.
It is contended by the OP that they would supply electric connection to the premises of the complainant whenever work order is issued by their higher authority and since the pole erection work is being monitored by R.E. wing of WBSEDCL, they are helpless in this regard.
Section 43 of the Electricity Act, 2003 makes a virtue of Distribution Licensee’s duty as regards supply of electricity to a prospective consumer on request, which reads as follows:
“43. (1) Every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply :
Provided that where such supply requires extension of distribution mains, or commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or commissioning or within such period as may be specified by the Appropriate commissioning or within such period as may be specified by the Appropriate Commission.
Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extendthe said period as it may consider necessary for electrification of such village or hamlet or area.
(2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) :
Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission .
(3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default.”
It is clear from the above provisions of the Electricity Act that a distribution licensee is under obligation to effect service connection to a prospective consumer within one month from the date of receipt of application unless of course they are prevented from doing so by cyclone, floods, storms etc. as stipulated u/s 44 of the Act.
Admittedly, complainant applied for electric connection before the OP on 08-03-2011 and that OP issued a quotation for Rs. 1,303/- in favour of the complainant which the latter paid on 22-11-2011 for erection of a pole required to effect service connection to the premises of the complainant.
From the admitted fact and obligation of a distribution licensee as stated hereinabove, it is clear that OP had no business sitting tight over the application of complainant for nearly two years from the date of receipt of application from the complainant. Electricity is a basic necessity and OP cannot hold a consumer to ransom on the ground of non-receipt of work order from the higher authority. This is a clear case of deficiency in service on the part of OP.
We thus hold that complainant is entitled to get service connection of electricity at his premises along with litigation cost of Rs. 1,000/-.
The above two points are, thus, disposed of in favour of the complainant.
Hence, it is
ORDERED
that the instant C. Case no. 08/2013 be and the same is allowed on contest against the OP. OP is directed to effect service connection to the premises of the complainant within 45 days from the date of communication of this order and to pay litigation cost Rs. 1,000/- to the complainant i.d. complainant is at liberty to execute the order in accordance with law in which case, OP shall be liable to pay fine @ 100 per diem from the date of this order till compliance of this order in toto.
S.S. Ali A.K. Bhattacharyya
Member President
