This case has been filed U/s.12 of the Consumer Protection Act, 1986 filed by the complainant, Sk. Mansur Rajak.
The complainant’s case in short is that he applied for electricity for running Mini (deep tube well) from the opposite party. The application number is 5001552098. The opposite party accepted the application on 12.04.2017 and sent quotation towards the complainant. The opposite party received the security deposit of Rs.3,295/- on 12.4.2017. The opposite party also received service connection charge of Rs.3800/- from the petitioner on the same date. In this regard the opposite party issued two money receipts. The opposite party provide consumer ID number to the complainant being No.501548953.
That after giving service connection charge and security deposit the complainant requested the opposite party to effect electric connection but no fruitful result comes out. Thereafter the complainant visited the office of the opposite party on several occasion and requested for electric connection but opposite party intentionally ignore him on several pretext. Finding no other alternative the complainant filed this case before this Forum with a prayer to direct the opposite party to provide electricity in the B-Schedule property of the complainant, to pay Rs.50,000/- towards compensation for harassment and mental agony and to pay Rs.50,000/- towards litigation cost to the complainant.
The opposite party contested the case by filing written version denying inter-alia all the material allegations as leveled against him. This opposite party submits that the present complainant applied for new NDTW connection. In this regard the earnest money was deposited on 3.4.2017.
Thereafter the technical staff of office of the present opposite party was held on 10.4.2017 and accordingly a quotation was raised on 10.4.2017. The quotation amount deposited by the complainant on 12.4.2017. Thereafter taking all the formalities a work order was issued by office of the opposite party to execute the said service connection.
This opposite party further submits that when technical staff of opposite party and contractor visited the area of the complainant for effect the electric connection it was observed and found that complainant shifted the project place without any prior consent to the opposite party where the service connection to be effected. It is also observed that there is a disconnected NDTW connection (for non-payment of outstanding dues) stands within 100 meter from the new project place. Thereafter the opposite party did not effect the said new service connection and subsequently said matter was informed to the complainant through letter.
That actually there is no deficiency of service on the part of this opposite party for not supply of electric connection. There is no intentional laches or negligence on the part of the opposite party and prays that as there is no laches on the part of the opposite party so the complainant is not entitled to get any relief as prayed for.
Points for consideration
- Whether complainant is a consumer?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether the complainant is entitled to get relief as prayed for?
- Whether there is any deficiency of service on the part of the opposite parties?
Decision with reasons
All the points are taken up together for easy discussion of this case.
From the material on record it transpires that the complainant is a consumer U/s. 2 (1)(ii)d of the Consumer Protection Act, 1986. The complainant here is a consumer of the opposite party as the complainant deposited quotation amount and connection charges and in that respect the office of the opposite party issued a work order to execute said service connection.
Both the complainant and opposite party are resident within the district of Hooghly. The complaint value is within Rs.20,00,000/- limit. This Forum has territorial/pecuniary jurisdiction to entertain and try the case.
The case of the petitioner/complainant is that the complainant for installation of electricity in the B-Schedule property and for which the complainant filed application for providing electricity for running mini deep tube well. The opposite party accepted the said application and sent quotation towards the complainant. The opposite party received security deposit from the petitioner and also received Rs.3,800/- from the complainant for service connection charges. After giving the aforesaid charges the opposite party did not provide electricity. The complainant last of all on 10.11.2017 went to the office of the opposite party and ask for cause of non-providing electricity but opposite party did not pay any heed to the request of the complainant for which the complainant has come before the Ld. Forum and preferred the redressal of this Forum.
The answering opposite party denied the allegation as leveled against them and averred that when the technical staff and contractor person went in the said area of the complainant for effect the said connection the opposite party men observed and found that the complainant has shifted the project place where the service connection to be effected illegally and intentionally without any prior consent to the opposite party. It is also observed that there is a disconnected NDTW connection (for non-payment of outstanding dues) stands within 100 meter from new project place for which the opposite party did not effect said new service connection. Subsequently the entire matter for non-performance was informed in written to the complainant. So, there is neither any intentional latches nor negligence on the part of the opposite party. So, there is no question of deficiency of service on the part of the opposite party. The opposite party nowhere denied the acceptance of charges for service connection and security deposit to provide electricity.
After perusing the documents, complaint petition, written version, evidence on affidavit, brief notes of argument and hearing argument it is crystal clear that complainant being a customer of the opposite party deposited the quotation money and security deposit to get the power connection in his mini deep tube well so that he can cultivate his agricultural land and earn his living. Due to non-co-operation on the part of the opposite party his aspiration comes into futile. He incurred loss in his cultivation in absence of electricity. Considering the exigency and necessity of electricity at this point this Forum is in the opinion to direct the opposite party to provide power in the mini deep tube well of the complainant situated at the place where the opposite party performed inspection by his technical staffs. Both parties are directed to extend their hand in the form of co-operation for providing power connection of the complainant. Thus the complaint petition filed by the complainant is disposed of accordingly. Hence, it is
Ordered
that the complaint case being No.04/2018 be and the same is allowed on contest without any cost.
The opposite party is directed to provide power connection in the mini deep tube well of the complainant situated at the place where the opposite party performed inspection by his technical staffs. No other reliefs are awarded to the complainant.
Let the plain copy of this order be supplied to the parties free of cost.
