DATE OF FILING : 18-10-2012.
DATE OF S/R : 12-12-2012.
DATE OF FINAL ORDER : 26-03-2013.
Sri Anup Kr. Saha,
son of late Laxmi Narayan Saha,
residing at North Ghoshpara, Rabindra Sarani, Bally,
Howrah.--------------------------------------------------------------------------- COMPLAINANT.
Versus -
West Bengal State Electricity Distribution Co. Ltd.,
through its Chairman,
Bidyut Bhavan, Salt Lake,
Kolkata – 700 091.
Station Manager,
WBSEDC Ltd., Howrah Division,
Durgapur Panchannantala, Bally, P.S. Bally,
Howrah – 711205.-------------------------------------------------OPPOSITE PARTIES..
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case filed by complainant U/S 12 of the C.P. Act, 1986 as
amended up to date against the O.P. nos. 1 & 2 alleging deficiency in service U/S 2(1)(g), 2(1)(o) of the C.P. Act, 1986 prays for directions upon the O.P. no. 2 i.e., WBSEDCL Authority to provide new electric service connection through installation of meter at his new purchased flat at Rabindra Sarani, Bally, District – Howrah, together with compensation and litigation costs.
The brief facts of the case that the complainant purchased one new flat at the
ground floor on 09-08-2010 at the newly constructed house under Mouza – Bally, J.L. no. 14 so called Rabindra Sarani, District – Howrah, applied new electricity connection before the Licensee ( herein O.P no. 2 ) i.e. WBSEDCL Authority by depositing Rs. 200/- as earnest money and subsequently the O.P. no. 2 inspected the premises, but no fruitful action was taken towards raising of quotation. The matter for effecting new service connection pursued in several occasions but the O.P. no. 2 seems to deaf ear over the matter for which the complainant lodged this complaint before the Forum for justice and relief. Hence the case.
The O.P. nos. 1 & 2 i.e. WBSEDCL Authority vide their written version
categorically pointed out that one Mumtaz Begum, the developer of the said new constructed apartment applied for common service connection i.e. connection for water pump, staircase other common places etc. of the aforesaid apartment on 09-08-2011 and one 25 KVA transformer was considered to accommodate the total demand of 17.74 KW for which necessary quotation has been served on 28-03-2012 to the prospective applicant bearing memo no. BCCC/4236 amounting to Rs. 2,00,000/- along with Rs. 5,848/- against security deposit money. The said prospective applicant failed to deposit the quotational money within the schedule period i.e. 26-06-2012 followed by reminder dated 21-10-2012 bearing memo no. BCCC/2446. The O.Ps. also opined that the application of the complainant for effecting the individual connection can be considered after being considered the common electric connection as a totality one ( in a club manner ) and that to they have no malafide intention to withhold the connection of the intending consumer ( herein the complainant).
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
Both the points are taken up together for consideration. Since the complainant is
a consumer by depositing Rs. 200/- as an earnest money to the O.Ps. i.e. WBSEDCL Authority. It is the obligatory part to the O.Ps. to effect the new electric connection in terms of provision of Section 43 of the Electricity Act, 2003, as an occupier of the flat the petitioner has a statutory right to call upon the distribution company to give him electricity and once the requisite application was filed, the distribution company incurred a statutory obligation, to give him electricity. On the contrary it is also admitted facts that one Mumtaz Begum so called developer engaged / applied for effecting the service connection in totality for pump, staircase and other common places in connection to the concerned flats as a whole where necessary quotations already served by the O.P. no. 2 and lapsed subsequently. As per general practice and so called power distribution system in a net work ( herein the newly constructed flat ) the licensee first effect the connection as a whole ( considering three phase supply ) in a common demarcated place from which the individual flat owner the connection will be effected through individual meter against individual application.
Considering the above we have our considered opinion that this is a fit case where
complainant has a genuine demand and in view of the present position of law his demand requires to be fulfilled.
Both the points are accordingly disposed of.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 150 of 2012 ( HDF 150 of 2012 ) be allowed on contest against o.p. nos. 1 & 2.
The O.P. no. 2 i.e., WBSEDCL Authority, be directed to revalidate the quotation communicated vide memo no. BCCC/4246 dated 28-03-2012 for further period of 30 days from the date of this order so that the original connection can be effected of total demand of 17.74 kw. in totality of the new constructed flat where the complainant applied his electric connection.
The o.p. no. 2 is further directed to process the application of the complainant so that the electric connection (loop ) through separate meter in a composite manner is to be effected within 15 days after effecting the original connection where application in the tone of load 17.74 received on 09-08-2011.
No order as to compensation or litigation.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
