The case is the complainant is that he applied for a domestic electric connection under the resolution passed by Majherdabri G.P. dated 03/08/2014. The complainant is a BPL card holder. He was allowed on electricity connection under Dindayal Upadhyay Gramin Bidyut Karan Yojona and three electric poll have been set up by the O.P No. 1 in the locality and electric meter has been installed in the house of the complainant vide meter No. 1A415028 in the last part of 2014. But after installing the meter in the house of the complainant no electric connection was secured by the O.P No. 1 till the date of filing of this case. The complainant visited several times in the office of the O.P No 1 but all are in vain. Ultimately he sent a legal notice to O.P No. 1 dated 02/08/2017 and again on 02/01/2018 but the O.P No. 1 did not response to that letter. The complainant has suffered irreparable loss and injury as no connection was given inspite of all the formalities was made and he has prayed compensation of Rs. 63,000/- as compensation.
The O.P No. 1 appeared and contested this case by filing written version. He has admitted that complainant has deposited all the fees and the electric meter was installed in his house for supply of line but the facts remains that without proper installation of pcc poll the electricity line can not be extended and for the purpose of providing connection in the house of the complainant it is required to extend the line by installation of the pcc poll in his land but the land owner refused to give permission for installation of poll in his land for which it quite impossible to provide electricity connection. The line man of the O.P went to the work place where the local people along with the said land owner assembled and created disturbance of the workers of the O.P No. 1 and they faced the various problem. The local people tried to assault them then ultimately they return. FIR was lodged on 24/04/2018 by the complainant in this regard. There is no negligence from the part of the O.P No. 1. O.P No. 1 always ready to provide service but due to some disturbance from the locality the poll was not installed and the electric supply was not done.
The name of the O.P No. 2 has been expunged vide Order No. 46 dated 27/04/2023 on the basis of the petition filed by the complainant.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.35 of Consumer Protection Act, 2019?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
In this case the complainant being an Advocate argued personally and submitted written argument and the Ld. Lawyer of the O.Ps argued on behalf of them and also filed the written Argument.
DECISION WITH REASONS
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
Point Nos. 1 and 2:- Admittedly the complainant is the consumer as he has applied for new electric connection and deposited the entire fees in this regard. So as per C.P. Act he is the consumer and he resides within the jurisdiction of this Commission and also the office of the O.P No. 1 situated within the jurisdiction of this Commission. So this Commission to try this case.
Point Nos. 3 and 4:- Admittedly position is that the complainant applied for new electric connection he has deposited requisite fees. The meter was installed in his residence in the year 2014 but no electric connection was given to him. O.P No. 1 says that for giving electric connection install of electric poll was required. His name went to install the electric poll in the land of one villagers but the said land owner raised objection and tried to assault the line man. As a result the electric was not given to residence of the complainant. We find that the complainant filed one writ petition before Hon’ble High Court in the Circuit Bench at Jalpaiguri vide number WPA 246 of 2023 wherein he has stated that due to dispute in between complainant and the owner of the land on which the poll is to be installed the electric connection was not given and he proposed the alternative way for giving electric connection in his residence and accordingly Hon’ble High Court has given direction to this O.P to given electric connection in the residence of the complainant on the alternative way in terms of the direction of the Hon’ble High Court. The O.P has given connection of electricity in the house of the complainant. It also appears that the order of the Hon’ble High Court was passed on 9th February, 2023 and the electricity connection was given in the month of March, 2023. The O.P has submitted documents in this regard regarding supply of electric in the residence of the complainant. We find that as there was dispute in between the complainant and the erstwhile O.P No. 2 the poll was not installed the line man of the present O.P went to install the poll on the land of said O.P No. 2 but the said land owner did not allow the line man to install the poll and the workers were harassed and man handled by the local people. Due to the said dispute supply of electricity was not given after installation of electric meter although it is a long period from the installation of electric meter to supply of electricity but we find that there was no laches form the part of the O.P as there was a dispute between the complainant and O.P No. 2. We also find that after order of the Hon’ble High Court the said supply of electricity was done in the house of the complainant. There is no deficiency in service from the part of the O.P and the complainant is not entitled to get any benefit from this case. The case is liable to be dismissed.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is dismissed on contest without cost against O.P.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
