DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MUCHIPARA, BURDWAN.
Consumer Complaint No 94 of 2015
Date of filing: 02.4.2015 Date of disposal: 22.01.2016
Complainant: Syed Mahatab Ali, S/o. Syed Imdad Ali, resident of 375, A.L.Mitra Lane, Ward No. 33, Tikepara, PO., PS. & District: Burdwan, PIN – 713 101.
-V E R S U S-
Opposite Party: 1. West Bengal State Electricity Distribution Co. Ltd., Customer Care Centre, Sector-I, Power House Complex, Burdwan, represented by its Station Manager/Assistant Engineer.
2. West Bengal State Electricity Distribution Co. Ltd., having its Divisional Office at Urban Division, Frazer Avenue, Power House, Burdwan, represented by its Divisional Engineer.
3. Meherunnissa Begam, W/o. Syed Indad Ali, resident of 375, A.L.Mitra Lane, Ward No. 33, Tikepara, PO., PS. & District: Burdwan, PIN – 713 101.
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, Debdas Rudra.
Appeared for the Opposite Party No. 1&2: Ld. Advocate, Biswanath Nag.
Appeared for the Opposite Party No. 3: Ld. Advocate, Sougata Roy.
J U D G E M E N T
This is a complaint u/s. 12 of the C.P. Act, 1986 praying for an award directing the OP for a new connection to his premises, compensation of Rs. 50,000=00 towards mental pain and agony and Rs. 15,000=00 as litigation cost.
The complaint in brief is that
The complainant resides in the premises of ward no 33, Holding no. 375 at A.L.Mitra Lane, Tikepara, PO., PS. & Dist: Burdwan. The complainant lives with his wife, two minor sons having age of the first one 8 years and only 4 months for the other. They live separately in one portion of the premises and the complainant’s mother, op-3who is the actual owner of the said premises, lives with her another son in other portion of the premises. The meter of the electric connection was initially in the complainant’s premises. The meter was suddenly shifted to her mother’s portion and subsequently the electric connection of the complainant’s premises was cut off for some unhealthy relationship between him and his mother. The complainant requested her mother (OP-3) repeatedly for the connection but failed to get it. The complainant then approached to the OP No. 1 for a new connection to his premises. The complainant filled up the statutory form to have the new connection and submitted the required documents like Xerox copies of voter card, NOC of councilor, rather occupier’s residential proof, ration card, gas book etc. All these were submitted to prove his right to have new electric connection. The complainant failed to submit only Xerox copy of land deed and NOC of landlord as desired by the OP-1 verbally during the production of the documents by the complainant. He requested the OP-3 who is the owner of the said premises, his mother for Xerox copy of land deed and NOC in this regard. But the OP-3 refused to give the Xerox copy of the land deed and the required NOC the complainant fell in great darkness with his family as the OP-1 did not give the electric connection for want of required documents as desired verbally. Several earnest requests from the complainant to the OP-1 and OP-3 fell flat. Hence arose the case as mentioned above.
OP-1&2 conjointly and the OP-3 contested their case by filing W.V. and adducing evidences on their part. OP-1&2 contended in their W.V. that the unhealthy relationship between the OP-3 and the complainant for which the disconnection of electricity of the complainant has cropped up are maximum private matter, not known to them.
The OP-1&2 further stated that the required formalities, verbally told to the complainant, for example, Xerox copy of voter card, NOC of councilor, ration card, gas book, Xerox copy of land deed, NOC of landlord etc are to be submitted. But the complainant failed to produce the Xerox copy of land deed and NOC of landlord. That’s is why the OP-1 told the complainant verbally unless and until the complainant would supply complete documents, the OP-1 could not install new electric connection in the premises of the complainant. OP-1 further stated that the filled up prescribed form of WBSEDCL had not submitted to the office of the OP-1 till date. OP-1 got an objection having been raised by the OP-3, who happens to be the mother of the complainant. OP-1 told the complainant to have the no objection from OP-3 but the complainant failed to submit the required no objection from the OP-3, his mother, which the OP-1 took as laches on the part of the complainant, hence no deficiency on the part of the OP-1. OP-1 also raised the question of jurisdiction of this Forum as there is Electricity Regulatory Commission to solve the problems regarding non-granting service connection or non-supplying electricity.
OP-3, subsequently filed her W.V. contesting the case. The main contention of their W.V. is that there has been running an unhealthy family matter for which OP-3 filed a complaint before the I.C., Burdwan Sadar Women Police against the complainant, P.S. Case No. being 74, dated 11.5.2014. In order to take revenge of the said case, the complainant has filed the case before this Forum.
Secondly, there was a dispute of electric bill/charges of Rs. 7,914=00 which was solely paid by the OP-3 and subsequently the said electric connection, which was earlier in the premises of the complainant was transferred in the name of the younger son of OP-3 on consent of OP-3.
OP-3 further alleged that the complainant has got an electric connection bearing Consumer ID No. 5006948788 in his name and has been using in his house. So the complainant has been living without electricity is not true.
Decision with reasons:-
Upon perusal carefully the complaint, W.V. by OP-1&2 (conjointly) and OP-3 and evidences adduced by the parties, this Forum observed the complainant has met all the formalities by submitting all the documents excepting the Xerox copy of land deed and NOC from land lady, OP-3. Al those documents submitted by the complainant suffice the claim for new electric connection of as an occupier of the premises at the Holding No. 375 at A.L. Mitra Lane, Tike Para, PO. Burdwan as per their W.V. The OP-1 has repudiated the claim for new connection of the complainant for want of Xerox copy of land deed and NOC from OP-3, the landlady of the said premises and raised the private conflict between the complainant and the OP-3.
OP-3 has also raised the private dispute between her the complainant and quoted an ID No. 512024644 in the name of the complainant, for which the complainant has not been any trouble at all.
On perusal of the Electricity Act, 2003 it is seen that an occupier of a premises where other may reside, can have a new electric connection, fulfilling the primary formalities necessary to this effect. Here the complainant has been told verbally to submit the Xerox copy of land deed and NOC from OP-3, the landlady as she has raised an objection in this regard.
Surprisingly, the AE & Station Manager, Burdwan Customer Care Centre –I, WBSEDCL in their letter dated 18.12.2015 has raised the objection by OP-3 as the only reason for repudiating the claim for new electric connection of the complainant which proves that the plea of non-production of Xerox copy of land deed is not the essential criteria for obtaining the new electric connection.
The objection raised by the OP-3 and the evidences submitted is solely the private disputed matters between them and quite irrelevant and baseless as regards the present case is concerned and the electric connection ID No. being 512024644 using by the complainant which the OP-3 has mentioned as defence is also false as the said connection is commercial not domestic, which is evident by the electric bill submitted by the OP-3 herself.
Therefore, the complainant is entitled to have new electric connection at his premises at Holding no. 375 at A.L. Mitra Lane, Tikepara, Burdwan. For want of electric connection to the complainant’s premises, who has been living with his wife and two minor sons, the complainant faced a lot of trouble. So the complainant is entitled to get compensation for harassment and mental agony. Due to unjust non-cooperation from the op-1, the complainant was compelled to come before this ld. Forum. So the complainant is entitled to get litigation cost.
Hence the case succeeds.
Fees paid is correct.
Hence, it is
O r d e r e d
that the complaint is allowed on contest with cost. The O.P. No.1 is directed to complete the process related to the application for electric connection of the complainant including issuance of quotation within 15 days from the date of this order and to give electric connection in the premises occupied by the complainant after observing all the formalities and receiving the quotation amount which the complainant is liable to pay and to pay Rs.10,000=00 as compensation to the complainant for mental agony and harassment and also to pay litigation cost of Rs.2,000=00 to the complainant within 45 days from the date of receipt of the quotation money from the complainant, failing which, the complainant will be at liberty to put this order in execution as per provisions of law.
Let the plain copy of this order be supplied to the parties free of cost.
(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
