Smt. Sangita Paul, Member
This is a case filed by Rasida Gazi, D/o. Late Rakhal Gazi of Kamalpur, P.O. – Champahati, P.S. – Baruipur, Dist. – 24 Pgs (South), West Bengal, Pin – 743 330 against WESEDC Limited with a prayer for a direction upon the OP to give new electric connection immediately, to pay compensation to the tune of Rs.5,000/- for harassment and to pay litigation cost of Rs.10,000/-.
The OP is West Bengal State Electricity Development Corporation Limited. The address is P.O. - Champahati, P.S. – Baruipur, Dist. – 24 Pgs (South).
The complainant by filing this case states that the complainant is a resident of Kamalpur, Champahati. On 12.02.2020 the complainant applied for f service connection to WBSEDCL. She is a self-employed person and needed the electric connection for her home as she was facing problem for want of electricity. Till date she had no electric connection at her home. The complainant states that there is no bar in giving the electric connection by the personnel of WBSEDCL. The staff of the WBSEDCL would face no problem while installing the electric connection to the complainant’s place. The OP faced no difficulty to give electric connection to the complainant’s house. The acts of the OP in the matter complained are nothing but deficiency in service and unfair trade practice. The complainant is suffering immensely for having no electric connection. The Complainant is also suffering mental pain and agony due to reluctance of the OP. In spite of several persuasions, the OPs never installed the electric line.
The complainant deposited the amount of Rs.940/- to WBSEDCL vide Memo No:1005471901, vide Quotation No:03 and vide Application No:1005471901 dated 17.02.2020.
The OP neither gave the electric connection nor did they communicate with the complainant. The complainant, being harassed for long period of time, felt that she would get no electric connection from WBSEDCL. According to Electricity Regulations, the licensee is not responsible for delay in executing the work of installation. The complainant is eligible to get the electric connection still she is deprived of getting the electricity. After getting the payments the OP did not proceed.
It is really difficult to stay without electricity. Despite observing all the required formalities, the complainant is spending life without electricity. The complainant made several representations before the office of WBSEDCL. The complainant is the lawful owner & occupier of her house and the adjacent land. No question of not supplying the electricity arises. But the OP did not proceed a step further. The OP did not send any notice to the complainant mentioning their difficulties in this regard. The complainant suffers a lot for want of electricity. The OPs are not proceeding. As a result the complainant spends time in anxiety. The OP accepted the money of the complainant but they did not do any work of installation.
Hence the complainant prays for a direction upon the OP to give the electric connection immediately, to pay compensation to the tune of Rs.5,000/- for harassment and mental agony and to pay litigation cost of Rs.10,000/-.
That the OP in the written version states that the petition is misconceived, mismalafide, fraudulent and harassive. All the allegations contained in the petition are denied by the OP. The Op generated a quotation on 12.02.2020, the complainant paid the quotation on 07.03.2020. It was found after inspection that without pole, the connection could not be affected due to pandemic situation from 23.02.2020, the OP could not carry out the said job for new connection at the premises of the complainant. After vaccination, the OP carried out the said job on 16.01.2021 by creating the pole. And new meter was installed at the premises of the complainant and the complainant is enjoying the electricity. As per miscellaneous provision under 13.17 the licensee shall not be held responsible for the delay. Due to non-availability of the access to the said premises, it was not possible to install the said meter. So there is no deficiency in service on the part of the OP.
The OP prays for dismissal of the complaint case.
That the case was filed on 03.12.2020. The case was admitted on 22.12.2020 on 15.03.2021, the OP files W/V. On 03.11.2021, the complainant prays for treating his complainant petition as evidence. On 27.12.2021, the OP files questionnaire. Copy served. On 02.02.2022, the complainant files reply, copy served. On 14.03.2022, the OP prays for treating his W/V as evidence on affidavit. On 30.06.2022, the complainant files show cause and it is accepted. On 23.08.2022, the complainant files questionnaire. On 27.09.2022, OP prays for fixing the case for hearing argument. On 01.12.2022, argument was heard and accordingly we proceeded for giving judgement.
Points for consideration :-
- Is the complainant, a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decision with reasons :-
Point No.1:-
On perusal of records and documents, it appears that the complainant applied for an electric connection. The complainant paid Rs.940/- for the new connection. The complainant paid on 07.03.2020. The complainant paid at Chowhati Customer Care Centre. The customer code is 10483325. Money was paid vide Receipt No.127104310005 and Receipt No.128704315256 and Memo No.100547190/QUOT/03 & Application No. 1005471901 dated 12.02.2020. As the complainant paid the required charge, he is a consumer u/s 2(7) of the C P Act 2019.
So, the 1st point is decided in favour of the complainant.
Point No:2 :
The complainant applied for an electric connection. She applied to the OP, WBSEDCL on 07.03.2020 and as per written version of the OP, the complainant got the electric connection on 16.01.2021. Almost after lapse of 1 year, the complainant got the electric connection. The reason of delay is best known to the OP. Electricity is an emergency service. The complainant paid for the service connection. The complainant had to wait for 10 months for poles to be erected. Had the poles been erected by the officials of WBSEDCL, the staff of the OP would not delay in providing the connection. During the COVID-19 period, the personnel could not erect the pole. That is why the staff of WBSEDCL delayed in providing electric connection to the complainant. WBSEDCL received the charge or electric connection. It is their duty to give electric connection to their consumer. The OP was not responsible for the inordinate delay. They tried to provide the connection but due to sudden surge in COVID-19 cases, the OP delayed for few months. In this respect, it is stated that the OPs are not deficient in providing emergency service, rather they were unable to work properly due to pandemic situation. Still they gave the connection within 10 months. So they are not deficient and the 2nd point is decided in favour of the OP.
Point No.03 :-
The complainant applied for an electric connection. After long persuasion the complainant got the new meter on 16.01.2021. The complainant got the new meter on 16.01.2021. There is no deficiency in service on the part of the OP. The prayer of the complainant was the electric connection. She got the electric connection on 16.01.2021. The delay was due to COVID-19. Still she got the connection within 10 months. This was the relief which she prayed for, because she was suffering a lot for want of electricity. So it appears that the complainant is not entitled to any other relief. She already got the relief which she prayed for. Her problem was solved. Now she enjoys the benefits of having the electricity. The OP tried their best in giving the electric connection in time.
Hence, the 3rd point is decided in favour of the OP.
In the result, the complaint case fails.
Hence, it is,
ORDERED
That the instant complaint case be and the same is dismissed on contest.
There is no order as to cost.
Let a copy of the order be supplied free of cost to the parties concerned.
That the final order will be available in the following website www.confonet.nic.in.
Dictated and corrected by me.
Sangita Paul
Member
