DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

       SOUTH 24 – PARGANAS,

       AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

                C.C. CASE NO. 64  OF 2019

DATE OF FILING: 25.4.2019                    DATE OF  JUDGEMENT:  26.11.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member         :   Jagadish Chandra Barman              

COMPLAINANT      :  Pathik Chandra Garai, son of Rabilal Garai of Sachindrapally, Dakshin Panchpota, Ward no.4, Rajpur Sonarpur Municipality, Holding No. 310, Kolkata-32.

• VERSUS  -

O.P/O.Ps                    :  West Bengal State Electricity Distribution Company Ltd. at Boalia CCC Boalia, Garia, WBSEDCL, P.S Sonarpur, Dist. South 24-Parganas.

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JUDGMENT

Sri Ananta Kumar Kapri, President

          Facts leading to the filing of the instant case may be epitomized as follows.

          The complainant applied for a  new electric connection to his residential house. He also deposited the security money in terms of the quotation supplied to him by the O.P department. The O.P department also made spot enquiry and during such enquiry the employees of the O.P demanded a bribe of Rs.5000/- from the complainant. Complainant did not pay the bribe. Therefore, the electric connection has not been given to his residential house. Now, the complainant has filed the instant case , praying for passing an order directing the O.P to give new electric connection to his residential house. Hencde, this case.

         O.P has been contesting the case by filing written version, wherein it is contended inter alia that the application for a new electric connection was made by the complainant on 27.42018. He also deposited Rs.9019/- for the purpose of taking the said electric line. An employees of the O.P went to the residential house of the complainant for inspection and during such inspection it came to their notice that there are 2 meters already installed in the house of the complainant. One meter lies in the name of Rabilal Garai and another in the name of Biva Garai, mother of the complainant. According to the version of the O.P, more than one connection cannot be given to a residential house in accordance with the Regulation 14 of West Bengal Regulatory Commission Regulation, 2014.   

            Upon the averments of the parties, the following points are formulated for consideration.

                                      POINT FOR DETERMINATION

1. Is the O.P guilty of deficiency in service as alleged by the complainant?
2.  Is the complainant entitled to get relief of reliefs as prayed for?

  EVIDENCE OF THE PARTIES    

Petition of complaint and written version are treated as evidence of the parties in terms of their  petitions kept in the record.

DECISION WITH REASONS

Point no.1 & 2   :

          On perusal of the materials on record, it is found that there are already 2 meters installed in the house of the complainant – one in the name of his father and another in the name of his mother. Regulation 14 of West Bengal RFegulatory Commission ( Recovery of Expenditure for Providing New Connection ) Regulation, 2013 laid down that no new connection will be taken for the purpose of splitting of load. In the residential house of the complainant, there are two meters. Still, the complainant prays for installation of another meter by having taken a new electric connection. The purpose is obviously to split the load. There is no materials placed on record by the complainant to prove that he has been living separately from his parents. Had he lived separately from his parents, he would have been able to file separate municipal tax receipt. But, no such tax receipt is filed by him.

           In the circumstances, we feel constrained to say that the complainant has not been able to prove that he has been living separately from his parents and, therefore, his purpose appears to be nothing but to split the load having taken another electric line. Such purpose cannot be entertained ,because the Law stands in the way . He cannot be allowed to split the load and, therefore, he is not entitled to take the new electric connection from the O.P. There is no merit in his case and, therefore, the case deserves to be dismissed.

            In the result, the case fails.

            Hence,

                                                                   ORDERED

            That the complaint case be and the same is dismissed on contest against the O.P  , but without any cost.

             Registrar-In-Charge of this Forum is directed to send a certified copy of the judgment free of cost at once to the parties concerned by speed post.

                                                                                                                   President

I / We agree

                                                          Member

          Dictated and corrected by me

                             President