DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No. 244 of 2015
Date of filing: 23.12.2015 Date of disposal: 08.6.2016
Complainant: Sk. Hanif, S/o. Sk. Rajikul, Golahat, PO: Sripally, PS. & District: Burdwan – 713 103.
-V E R S U S-
Opposite Party: 1. The Divisional Manager, WBSEDCL, Burdwan Division, Frazer Avenue, PO., PS. & District: Burdwan, PIN – 713 104.
2. The Station Manager, WBSEDCL, Burdwan –III CCC, PO., PS. & District: Burdwan, Pin – 713 101.
3. West Bengal State Electricity Distribution Co. Ltd., represented by its Divisional Manager, Burdwan Division, Frazer Avenue, PO., PS. & District: Burdwan, PIN – 713 104.
4. Rajiya Sultana, W/o. Late Sukur Ali Mondal, Golahat, PO: Sripally, PS. & District: Burdwan, PIN – 713 103.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Tamal De.
Appeared for the Opposite Party No. 1, 2&3: Ld. Advocate, Biswanath Nag.
Appeared for the Opposite Party No. 4: None.
J U D G E M E N T
This complaint is filed by the complainant against the Ops as the Ops did not provide electric service connection to his premises though he has observed all the formalities and deposited the requisite fees.
The complainant is an inhabitant of Golahat, PO. Sripally, PO. & District: Burdwan, PIN – 713 103 situated in the Burdwan town whereas the OP-1 is the highest authority in the area of the supply office of the electricity. The complainant has been passing the days without consuming any electricity as such the complainant decided to take electric connection from the OP-2 carrying out the terms and the conditions of the Ops and therefore the complainant took an application form for new connection paying cost of Rs. 5/- vide receipt No. 126900649488, dated 24.9.2014. Said application form duly filled is submitted by the OP-2 vide 7640, dated 28.10.2014. After having had the application the OP-2 surveyed and a quotation was given on 28.10.2014 being Memo. No. 5000741562/Quot/03 to deposit the money for new service connection within 30 days. As such the complainant deposited for service connection charge by a sum of Rs. 200=00 on cash vide receipt no. 127200747566, dated 08.11.2014 and paid a sum of Rs. 249=00 for security deposit vide receipt no. 132500746960, dated 08.11.2014. As the OP-2 did not give service connection to the complainant till to date even after receiving the cost for the same, the complainant has been passing his days with hardship with his family including his school going children without having any electricity in his premises. The OP-2 has sent a letter to the complainant on 25.11.2014 that the said connection would not be provided due to court case and legal obligation lying over the premises. As having had any relief from the licensee, the complainant is compelled to take resort before the ld. Forum against the Ops due to its deficiency of service. Hence the case arose.
Notices were served upon the OP- 1, 2, 3&4. OP-1, 2&3 received the notice but the service of OP-4 returned with the postal remark “refused”. The refusal tantamount to valid service. Accordingly the case is heard ex parte against the OP-4.
OP-1, 2&3 jointly gave written version to this effect. They admitted that the preliminary formalities to get new connection in his name at his premises have been observed by the complainant and accordingly required survey was made and the complainant deposited the money as per quotation raised by them. Accordingly work order in this purpose was also issued in this regard. So they have no deficiency in service. But due to written information of pendency of a Civil Case of a title suit being No. 269/2004 before the Civil Court (Jr. Divn.), 2nd Court, Burdwan restrained the OP to supply new electric connection.
Decision with reasons:-
The complainant is an inhabitant of the address as already stated which is in the area where the supply office of the electricity, i.e. the office of the OP-2. The complainant has applied before the OP Company for taking new electric connection and after subsequent survey by the office of the OP-2 fulfilled all the requisites, i.e. filling up the prescribed application form for new connection, depositing the quotation money, security deposits, etc. Accordingly, the OP-2 after elapsing of 30 days which is the statutory period of giving new connection, the OP-2 did not give service connection to the complainant and till date the family of the complainant along with his school going children has been suffering a lot of hardship without having got the facility of the electricity. That is why the complainant has been compelled to take resort to file his case before this Forum.
To defend his case, the complainant stated that as it is a case of new connection, this Forum has every jurisdiction to try his case.
Secondly, the complainant has stated that every distribution licensee shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply according to sub-Section (1) of Section 43 of the Indian electricity Act, 2003. Thus the distribution licensee has a statutory duty to supply electricity to an owner or occupier of any premises located in the area of supply of electricity of the distribution licensee, if such owner or occupier applies for electricity, even if any civil case or criminal case is pending before the Civil Court/Criminal Court. Furthermore, it was held in the judgment reported in CPJ Vol-III 2004 P-106 (NC) as “it would be well understood under the Consumer Protection Act, 1986 the Forum/Commission has to decide the matters de hors of all technicalities developed under our Civil/Criminal jurisprudence. This is obvious because the procedure preserved under the C.P. Act, 1986 does not provide the application of Evidence Act or Civil Procedure Code. The dispute is decided on the yardstick of reasonable probability on the basis of facts brought on record.” So there is no bar to adjudicate the present case of the complainant though a Title Suit is pending before the Civil Court since no injunction or restrained order has been passed by the ld. Court till date.
Finally, it is argued by the complainant that every citizen has a right to get the fruit of modern invention like electricity.
Heard the argument of the OP counsel. They did not utter any word in support of their contention during the argument proceedings. They left the entire matter on the ld. Forum to decide.
Perused all the documents submitted by the complainant.
As per sub-Section (1) of Section 43 of the Indian Electricity Act, 2003, the complainant is absolutely entitled to get a new connection in his premises, whatsoever his status been as an occupier or owner of the premises and the complainant has fulfilled all the requisites wanted by the WBSEDCL, i.e. OP Company and the security deposit as per quotation served upon the complainant. Nevertheless it is a statutory duty of the distribution licensee to provide new electric connection after the fulfillment of due requisites.
Secondly, the pendency of any case before the Civil Court or Criminal Court does not bar the Consumer Forum/Commission to adjudicate any case relating to supply new electric connection to any occupier or owner of any premises.
Thirdly and finally, as per judgment passed reported in 2001 (1)CLG 140 it has been held that the right to get electricity is certainly covered within the broad sweep of life under Article 21 of the Constitution of India in the current day realities of growing consumerism as essential service.
Thus the right of the complainant to get the electricity must be viewed in the light of Article 21 of the Constitution of India.
Therefore the complaint succeeds and the complainant is absolutely entitled to get new connection in his name at his premises.
Hence, it is
O r d e r e d
that the complaint is allowed on contest against the OP-1, 2&3 without any cost and dismissed ex parte against the OP-4 without any cost. The OP-1, 2&3 are hereby directed to give electric service connection at the premises of the complainant and in his name as per application within 30 (thirty) days from the date of passing of this judgment, in default of compliance of the said order, the complainant is at liberty to put the decree in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of Consumer Protection Regulations, 2005.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
