In essence, the complainant's case is that he claims himself to be 'consumer' in respect of WBSEDCL on the ground that he has deposited Rs.650.00/- and Rs.160.00/- being the quotation amount vide No.105 dt.l0.4.2008. He has deposited the said amount vide receipt nos. OR/CC/07/077024 and OR/CC/07/077023 dt.l0.04.2008 for domestic purpose. Accordingly WBSEDCL authority has provided meter card to the complainant. But till date O.P.s did not provide electric connection. Inspite of several approach, even in writing also; O.Ps. have shown reluctant to allow the petitioner to get electric connection which causes his mental agony. Hence this case, praying reliefs as per petition of complaint.

 

All the three O.Ps. contest the case by filing a joint written version denying material allegations 'contending inter-alia that the complainant has not yet become consumer in view of Sec. 2 (15) of the Indian Electricity Act, 2003 as no electricity has yet been supplied t<? the present petitioner and hence there is no deficiency of service on their part. The O.Ps. have also contended that they visited the spot to effect the supply in 25.4.2008 but have been prevented by one Suresh Mondal and hence pray for dismissal of the petition. -

From pleadings of both parties the following points emerge which IS required to be disposed of to arrive at judiciary decision.

 

1.                              Whether the complainant be termed as 'consumer' in terms of St.c.2(1) of the Consumer Protection Act?

2.                              Whether the service of the O.Ps. suffers from deficiency as alleged?

3.              Whether the complainant is entitled to get the reliefs as prayed for?

 

 

Point No.1

 

It has been contended on behalf of the O.Ps. that the complainant is not a 'consumer' of WBSEDCL as per Sec.2(15) of Electricity Act,2003 since no contract has been entered into between the parties. Expressing willingness by a mere application for getting electric connection does not entitle a person to become a consumer.

 

O.Ps. further state that on the basis of mere acceptance of the application form with an intension to provide electricity, the complainant cannot claimed to be a consumer.

Now the pertinent question that arises for determination is whether the petitioner, after making a mere application and praying required fees falls within the definition as defined u/s 2(1)(d)(ii) of the C.P. Act. A person is a consumer who hires any services for consideration which has been paid or promised or partly paid or partly promised. A person who applies for electric connection by paying requisite fees i.e. service connection charge, security deposit etc. has to pay the necessary charges after the connection is given. Therefore, he is a person, who has hired the service of the WBSEDCL for consideration which is promised. So we are of considered opinion that the present complainant, by depositing necessary fees (vide receipt Nos.OR/C/07/077024 and OR / CC/07/077023 dt.10.04.2008) has become consumer.

 

The word 'consumer' has been defined in Sec.2(1)(0) of the C.P. Act which means 'service of any description' which is made available to potential users and includes the provision of facilities in c/w the supply of electricity on other energy. The petitioner, thus, falls within the definition of the work 'consumer' as defined in the Act. moreover, nothing has been shown on the part of the O.Ps that he has at any point of time even declined to pay any quantum of money.

 

In this connection this Forum is fortified with the observation reported in 1993(2)CPR 351 wherein it has been held "An applicant for electric connection is a consumer." Hon'ble State Commission of West Bengal has also been pleased to hold in its judgement, reported in III( 1993) CPJ 1281, 'A person who will pay consideration for the electricity is a consumer.’

 

Reference may also be made in this connection about the observation of the Hon'ble National Commission appearing in 1(1993) CPJ 90 (NC) that if no payment is made at the time of registration, it does not mean that a person getting himself registered for a gas connection with the distributor is not hiring any service.

 

 

 

The O.Ps. have admitted in their written version that they have tried to provide electric connection to the complainant on 25.04.2008 but was resisted by one Suresh Mandal and others. But the petitioner did not admit this in his argument as the authority ahs supplied him the yellow card on 25.04.2008 (xerox copy has been filed). The complainant also filed the xerox copy of his residential identity proof given by D.M. Malda. On perusal of all the documents it is found that there is no paper or any information about the hindrance caused by Suresh Mandal and others and in view of above this Forum finds it prudent to say that the O.Ps. will arrange to supply electric connection to the complainant and in case of any disturbance they will be provided with assistance of Gazole P.S, who, in their turn, will extend all kinds of help to the officials of WBSEDCSL to give effect to this order.

 

that Malda D.F. Case No.37/2008 succeeds on contest with no order as to cost.

The O.Ps. jointly and severally do arrange supply of electric connection within the period stipulated above in the above manner, if required.

Failure to supply the electric service connection within above period may result in taking recourse to law by the complainant.

 

 Let a copy of order be given to both the parties free of cost at once.