This case has arisen out of application U/s 35 of the Consumer Protection Act, 2019.
The fact of the case is that the complainant being un-employed for the purpose of self employment by installing one husking mill applied for getting electricity connection from the O.Ps and office of O.P issued quotation dated 14.03.2022 & told the complainant to deposit Rs.45,000/- for service connection charges & Rs.54,922/- for security deposit including other charges, which the complainant has deposited on 04.04.2022.
Thereafter, complainant on several times visited the office of the O.P for getting said connection but no fruitful result, thus complainant served legal notice dated 27.07.2023 but the O.Ps keep mum in the matter. That due to deficiency in service of O.Ps the complainant has been suffering mental pain & agony and facing trouble in enjoying his livelihood. Hence, this case for direction of providing service connection, compensation of Rs.2,73,500/- & litigation cost of Rs.5,000/-.
O.Ps contested the case by filing W.V admitting complainant’s case of application for getting connection, issuance of quotation by O.Ps & it’s deposit by complainant. Their positive case is that O.Ps engaged one Contractor/Agent for installation of the new electric connection in the complainant’s mill premises & when the Contractor/Agent intend to start the erection process in that event villagers as well as neighbors of the complainant strongly resist the same and demand that if the mill is set up here it will be unfit for them to live & they also demand that they will not allow any mill here. O.Ps always ready to give electric connection to the complainant, so they demanded to the complainant to collect way leave from the neighbors of the complainant but the complainant never submitted any way leave as such it is not possible for the O.Ps to give electric connection to the complainant against the agitating neighbors and co-villagers. There is no latches or deficiency in service on the part of O.Ps, so the case is liable to be dismissed.
Points for Consideration
- Whether there was latches or deficiency of service on the part of the O.Ps, which gives rise cause of action to file the complaint is entitled to get relief(s) as prayed for?
D e c i s i o n W i t h R e a s o n s
Admittedly, the complainant being an unemployed for the purpose of self-employment wishes to start one husking mill in Plot No-727, Khatian No-1667, Mouja-Bhelagachhi under Islampur P.S & to set up said business he made application for getting electricity connection and as per said application office of O.P issued quotation dated 14.03.2022 asking the complainant to deposit Rs.45,000/- for service connection charges & Rs.54,922/- for security deposit including other charges, which the complainant deposited on 04.04.2022.
The defence case is that the O.Ps engaged one Contractor/Agent for providing new electricity connection in the complainant’s mill premises & when the Contractor/Agent intend to start the erection process co-villagers and neighbors of the complainant strongly resist it demanding that if the mill is set up it will be unfit for them to live & they will not allow any mill here, so the O.Ps asked the complainant to collect way leave from the co-villagers & neighbors but the complainant never submitted any way leave and it is not possible for O.Ps to give him electricity connection.
Document produced by complainant shows that No Objection Certificate was issued by the Pradhan, Matikunda-II, Gram Panchayat, Islampur Development Block, Uttar Dinajpur.
The document produced by O.Ps show that the O.Ps engaged a Contractor/Agent, namely, M/s Modern Electrical Services & issued purchase order dated 22.08.2022 required for erection of service connection of complainant.
There is no cogent evidence that said Contractor/Agent was restrained from erecting the service connection to the complainant, instead letter dated 18.07.2023 of Station Manager, Islampur CCC was issued to complainant for way leave permission required for LT infrastructure commissioning.
The complainant through his Advocate Subhasis Paul sent legal notice dated 27.07.2023 stating that the complainant on several occasions visited office of O.Ps for getting said connection but no fruitful result, so O.Ps were requested to give connection in complainant’s husking mill within 07 days from the date of receipt of notice otherwise complainant shall have no option to file case. It was sent through Registered Post & delivered upon O.Ps on 28.07.2023 & 31.07.2023.
The O.Ps have failed to comply the legal notice dated 27.07.2023 so cause of action has made definitely been arose due to deficiency in service on the part of O.Ps, as the complainant has complied O.P’s quotation(issued on due inspection) which cannot be ignored showing reason requiring way leave permission which may be complied by diverting the route without causing disturbances to the neighbors/co-villagers.
Under above facts and discussion, we are of the view with there was deficiency on the part of O.Ps in providing new connection which gives rise cause of action to lodge this complaint.
But we are not inclined to award any sum as compensation and/or litigation cost to the complainant as there was no latches on the part of O.Ps in assigning the work to it’s Contractor/Agent who were unable to erect the same due to resistance of the neighbors/co-villagers of the complainant.
In the result the case succeeds.
Hence, it is
O R D E R E D
that the C.C-40/2023 be and the same is allowed on contest against the O.Ps.
We do direct the O.Ps to erect/install electricity service connection in the husking mill premises of the complainant alongside rasta/road of village without intervening/interrupting any property of neighbors/co-villagers within 15 days from the date of this order failing which the complainant will be at liberty to take legal recourse.
Let a copy of this order be given to the parties free of cost.
