Date of Filing: 03-05-2017 Date of Final Order: 14-12-2017
Smt. Runa Ganguly, Member
The Complainant has filed the present case U/s 12 of the C.P. Act 1986.The brief facts of the case are that the Complainant intended to obtain a new electric connection for irrigation purpose in his cultivated land and submitted all relevant documents to the office of the Opposite Party on 17.01.2015. For obtaining that service the Complainant also deposited Rs. 719/- as security money and service connection charge of Rs. 1000/- to the O.P. The Complainant did not get the new connection of electric even after repeated requests to the O.P. for which his cultivated land became ruined for want of irrigation. The Complainant maintained his livelihood by cultivating Boro paddy. Thereafter, the O.P. issued a huge bill of Rs.98,599/- which is impossible for the Complainant to deposit the huge bill. Finding no other alternative the Complainant has filed the present case seeking redress and relief as incorporated in the prayer portion of the complaint.
The O.P. has contested the case contending inter-alia that the present case is not maintainable before this Forum in its present form as well as in law and the Complainant has no cause of action to file this case. The O.P. denied all most all the allegations as labeled against him. Admittedly, the Complainant submitted an application to the O.P for an electric connection also submitted relevant documents and requisite fees. The main contention of the O.P is that after receiving the application from the Complainant, the O.P. made several attempts to install the electric meter but it has seen that the Complainant himself not ready to take electric connection as he did not prepare wiring, earthing etc. The O.P. also made a spot enquiry for installing the electric connection as per departmental rule on 02.06.2017, the spot was a vacant cultivated land of 1 bigha and no meter room was there. Due to such situation, the O.P. did not provide the service. This O.P. further contended that on 21st day of April 2017, the O.P. accompanied by his official team conducted raid at Vill. Borosimulguri, P.S. Ghoksadanga and noticed that the Complainant was doing directly hooking from L.T. overhead line connected with 2 HP Motor illegally. Accordingly the O.P. seized the cable and Motor by preparing a seizure list in presence of witness and a case u/s 135 of the I.E. Act has been started and the O.P. assessed a bill of Rs. 98,599/-. Thereafter, the Complainant has filed this case with an intention to avoid the payment of bill. The O.P. further pleaded that as the theft of electricity is involved with the dispute of the Complainant, this Forum has no jurisdiction to try this case.
By putting all the above this O.P. prayed for dismissal of the case with cost.
In the light of the contention of the Complainant, the following moot points necessarily came up for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per provision under Section 2(1)(d) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the O.P any deficiency in service, as alleged by the Complainant?
- Whether the Complainant is entitled to get any relief/reliefs, as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and perused the evidence on affidavit of the parties along with relevant documents. Perused also the written argument filed by the parties and heard the argument advanced by the Complainant and the Ld. Agent of the O.P. at a length.
Point No.1.
Admittedly, the Complainant applied for a new connection and for this purpose he paid requisite fees to the O.P. Thus, the relation between the Complainant and the O.P. So established from the record, we are convinced to hold that the Complainant is the consumer as per section 2 1(d) of the C.P. Act 1986.
Point No.2.
The office of the O.P. is situated in this District and the complaint value is far less than the prescribed limit. Thus, this Forum has every jurisdiction to try the present dispute.
Point No.3 & 4.
The points are taken up together for convenience of discussion and for the sake of brevity.
Undisputedly, the Complainant made an application for taking an electric meter for his cultivated land for the purpose of irrigation in the field.
Documents as filed by the Complainant (without making any Annexure) go to show that the Complainant deposited requisite fees for obtaining the new connection.
It is the case of the O.P. that for installing the new meter the Complainant did not maintain the necessary arrangements for which it was not possible to the O.P. to install the new meter as desired by the Complainant.
Annexure-1 goes to show that the O.P. made an inspection in presence of the Complainant on 02.06.2017 at the plot of the Complainant where he intended to take electric connection.
Annexure 3 reveals that on 03.06.2017 the O.P. informed the Complainant that there was no location of meter room shown for which it was not possible to effect said connection. Further it was intimated that one FIR has been lodged against the Complainant on 21.04.2017 by the O.P. for theft of electricity.
Annexure 4 clearly reveals that an FIR has been lodged against the Complainant for theft of electricity by the Station Manager, Dolongmore CCC.
It is crystal clear from the documents made available in the record that the O.P. alleged the Complainant is guilty of theft of electricity for which he is not entitled to get new connection until and unless the case against him for theft of electricity is resolved.
The Ld. Agent for the O.P. submits that the Complainant is entitled to get back his security deposit by filing proper application.
It is also clear from the documents that the O.P. made several attempts to give electric connection but that was not possible due to above facts and circumstances. Thus, in the light of foregoing discussion we do not find any deficiency in service of the O.P.
As no deficiency in service is established against the O.P, the Complainant is not entitled to get any relief.
Thus, the complaint fails.
Hence,
It is Ordered,
That the Complaint Case No. CC/56/2017 be and the same is dismissed on contest. No order as to costs.
Let plain copy of this Order be supplied to the parties concerned by hand/by Post forthwith, free of cost for information & necessary action. The copy of the Final Order will also be available in the following Website:
confonet.nic.in.
Dictated and corrected by me.
