This is a case U/S 12 of the Consumer Protection Act, 1986 with the prayer for electric connection for two shallow tube wells of the complainant for the purpose of cultivation, to pay compensation for financial loss and mental harassment and other relief.

The complainant’s case in brief is that the complainant was applied for electric connection for two shallow tube wells to the O.P. for the purpose of cultivation and as per rules of O.P. the complainant deposited application fees, security deposit money etc. and after completion of all the formalities the O.P. inspected and survey the spot and after making some process for supply of electric connection the O.P. kept silent for long time without intimating the complainant. The complainant knocked the door of the O.P. day by day with several written requests but the O.P. did not pay heed for long time, lastly the complainant made an application as per RTI Act to the O.P. then the complainant came to know from the answer of RTI that the villagers of the area raised objection and for lack of way leave the work for electric connection could not be done by the O.P. The complainant met with the villagers and amicably settled the dispute and intimated the matter to the O.P. Thereafter, on repeated knocking the O.P. asked the complainant to provide L.T. Wire to connect the electric connection of the complainant shallow tube wells as it was not available with them. The complainant purchased L.T. Wire at his own cost as per requisition and handed over the same to the O.P. The O.P. was also fitted the wire to the electric poles but not to connect the electric connection with the transformer and stopped the work again for the time being without any notice of the complainant. By this time some miscreants had theft the said L.T. Wire from the electric poles. The matter of theft-in-question was also intimated to the O.P. by the complainant but the O.P. did not take any step rather kept silent himself. For such ill motive and silent attitude for supply of electric connection the complainant was bound to continue the supply of water in his agricultural field to save the paddy by way of diesel pump set for which the complainant had/have to suffer huge financial loss. Finding no other alternative the complainant was forced to come before this Forum with the prayer mentioned above.

The O.P. contested the case by appearing on the date of hearing and by filing W.V. denying all the allegations made by the complainant stating inter alia that the complaint case is not maintainable, due to way leave problem the electric connection work could not be done, there was/is no deficiency in service of the O.P. and the O.P. prayed for dismissal of the case with cost.

DECISIONS WITH REASONS

To prove his case the complainant has filed some photocopies of receipt of application fee, security deposit receipt etc. bunch of letters correspondences with the O.P.

We carefully perused the contents the petition of complaint, documentary evidence, oral evidence and argument advanced by the parties.

On scrutiny of the documents it reveals that the complainant after submitting application for electric connection for his two shallow tube wells completed all the formalities as per rules of the O.P. The O.P. was surveyed the spot by their officials and kept silent for some time without intimating the complainant. The complainant repeatedly knocking the door of the O.P. by written application with a request to supply electric connection as early as possible. After long laps of time the O.P. intimated to the complainant that at this moment L.T. Wire was not available with them and asked the complainant for purchasing L.T. Wire at his own cost if urgent need of him. The complainant purchased the L.T. Wire as per quotation and handed over the same to the O.P. then the O.P. was fitted the wire to the electric poles but did not connect wire with the transformer for supply of energy and again stopped the further work and kept silent keeping the complainant in dark. The complainant repeatedly requested the O.P. with written intimation for completion of the rest work of electric connection but the O.P. did not pay heed the request of the complainant at last the complainant applied as per RTI Act to the O.P. asking them as to why the electric connection for the shallow tube wells could not be done. Thereafter receiving the reply of RTI question the complainant came to know that the villagers were raised protest for supply of energy to the complainant as such the O.P. have to required the way leave. The complainant with the consultation of the villagers amicably settled the way leave problem and intimated to the O.P., but the O.P. on various pretext delayed the matter and in the meantime the electric wire which was fitted in the electric poles, was theft by some miscreants. The matter of theft-in-question was also intimated to the O.P. by the complainant but the O.P. did not take any step. Thereafter the complainant was adhere with the O.P. and knocking the door of the O.P. by intimating written letters on several occasion but the O.P. did not pay heed in the matter of supply of electric connection for shallow tube wells of the complainant. To save the paddy in the field the complainant had/have to arrange diesel water pump set for supplying the water as a result the complainant had/have to suffer huge financial loss. Finding no other alternative the complainant was forced to come before this Forum with the prayer mentioned above.

In view of the discussions held hereinbefore that for such conduct of the O.P. as a service provider was clear negligent and deficient in service on their part.

On careful consideration of the above discussions we are of opinion that the complainant is entitled to get compensation from the O.P. for financial loss suffered and mental harassment.

In the above premises the case succeeds in part.

Fees paid is correct. 

Hence, it is

ORDERED,

that the complaint case No. CC - 71/2013 is allowed on contest against the O.P.

Accordingly the complainant do get an award directing the O.P. to supply electric connection for two shallow tube wells of the complainant, to pay compensation of Rs.30,000/- for financial loss and mental harassment and Rs.2,000/- as litigation cost within one month from the date of this order failing which the awarded amount will carry 8% interest p.a. from the date of filing of the complaint petition till the date of full realization and complainant will be at liberty to put this order in execution in accordance with law.

Copy of this order be delivered to the parties each free of cost.