DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __144_ _ OF ___2017
DATE OF FILING :_28.11.2017 DATE OF PASSING JUDGEMENT: 28.11.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker
COMPLAINANT : Ramesh Bene, son of late Sadhan Bene of Sahebpur, P.S Sonarpur, Dist. South 24-Parganas, Pin-743330.
O.P/O.Ps : W.B.S.E.D.C.L Champahati, Champahati, P.S –Baruipur, Dist. South 24-Parganas, Pin-743330.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Delay in giving new electric connection to the residential house of the complainant by the O.Ps has galvanized the complainant to file the instant case, alleging deficiency in service on the part of the O.Ps.
Facts leading to the filing of the instant case may be epitomized as follows.
The complainant applied for a new electric connection and also deposited quotation money and security money with the O.Ps on 22.9.2015 for taking such new connection. But, new connection was not given to him by the O.Ps and, therefore, the complainant, alleging deficiency in service on the part of the O.Ps, has prayed for passing a suitable order ,directing the O.Ps to give new connection to his house and payment of compensation etc. Hence, the case.
The O.Ps have been contesting the case by filing written statement, wherein it is contended inter alia by them that the quotation money and security money were deposited by the complainant for a new connection on 22.9.2015. But, the complainant could not procure the way-leave permission and, therefore, it has not been possible for them to give new electric connection to the house of the complainant . There is no deficiency in service on their part and that is why, the complaint should be dismissed in limini.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Evidences on affidavit are filed by the complainant as well as the O.P and the same are kept in the record after consideration. BNA is filed by both the parties and the same are also kept in the record after consideration.
DECISION WITH REASONS
Point no.1 & 2 :
Already heard the submissions of Ld. Lawyers ,appearing for the parties. Perused the petition of complaint, the written version and the documents filed therein. Considered all these.
A perusal of the documents filed herein reveals that the complainant deposited the quotation money and security money on 22.9.2015. It is fact that the O.Ps informed the complainant to submit a way-leave permission and that on 11.4.2017 i.e about one year after the deposit of caution money and security money. There is no explanation furnished by the O.Ps why such an inordinate delay was caused in giving such an information to the complainant, asking him to submit the way leave permission. This inordinate delay caused by the O.Ps in demanding way-leave permission seems to be a gross deficiency in service. That apart, Clause 3.2.1 (C ) of Notification no.46 of WBERC lays down that no new connection shall be given unless documents be submitted with the application as well as way-leave permission in specified formate-1 of the Regulation as quoted above. This Regulation requires that the way-leave permission should be submitted along with the application for new connection. This implies that the O.Ps will not receive any quotation money and security deposit from the customer of a new connection, unless way-leave permission is submitted along with the application.
In the instant case, no way-leave permission is submitted by the complainant along with his application for new connection, as alleged by the O.Ps. If the security money and quotation money are received by the O.Ps from the complainant without accepting the documents, as required to be submitted with the application for new connection, it is also a deficiency in service on the part of the O.Ps.
Providing new connection to the residential house of the customer is an essential service and regards being had to this matter of service as well as the deficiency in service as caused by the O.Ps, we are of the opinion that the complainant is entitled to get the relief as prayed for.
In the result, the case succeeds .
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.P with a cost of Rs.5,000/- .
The O.P is directed to give new electric connection to the house of the complainant within a period of 15 days from the date of this order, in default, to return the quotation money and security money received by the O.Ps and to pay a compensation of Rs.20,000/- to the complainant. If the quotation money , security money and the compensation amount plus the cost amount are not paid within the above period, the said amounts will bear interest @8% p.a till full realization thereof.
At the same time, the I.C of Sonarpur P.S is directed to extend police help to the Assistant Engineer /Station Manager , Sonarpur CCC Electric Supply (O.P-1) for implementing this order effectively, if approached by him.
Let a copy of this order be also sent to the I.C of Sonarpur P.S for his information and taking necessary action whenever he is approached by the O.P-1.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member
Dictated and corrected by me
President
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