West Bengal

South 24 Parganas

CC/385/2014

SRI ALOKE MONDAL, S/O. Dhananjoy Mondal. - Complainant(s)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION CO. LTD. - Opp.Party(s)

26 Jun 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _385_ OF ___2014__

 

DATE OF FILING : 20.8.2014                  DATE OF PASSING JUDGEMENT: _30.6.2015___

 

Present                         Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :   Sri Aloke Mondal,s/o Dhananjoy Mondal of Village-Shibhooghly, Chata Pole, P.S. Maheshtala, Kolkata  Pin-743318

 

-VERSUS  -

 

O.P/O.Ps                            : West Bengal State Electricity Distribution Company Limited, P.O Dongaria, P.S. Budge Budge, District-South 24-Parganas,Kol-137.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Mrs. Sharmi Basu, Member

The instant case has been filed by the complainant under section  12 of the C.P Act, 1986 with allegation of deficiency in service against the O.P.

In a nutshell, the case of the complainant is that the complainant on 8.2.2013 applied to the O.P WBSEDCL for a new meter for his residence and as per direction of the O.P deposited Rs.200/- by cost (Annex A of the complaint petition ) . Then the O.P duly inspected the residence of the complainant and further a sum of Rs.230/- had been deposited to the O.P’s office for installation of meter by the complainant (Annex B of complaint petition ) . But O.P did not install the new meter. Thereafter, the complainant ran from pillar to post for redressal of his dispute but all in vein. Hence, the complainant has no alternative but to file the instant case before this Forum for redressal of his dispute with prayer as mentioned in the complaint petition.

O.P has appeared before this Forum through ld. Advocate and denied all the material allegations raised against O.P and inter alia contended that the complainant failed to arrange free way leave as sought for by the O.P towards providing new connection in question and due to strong objection of local people personnel of O.P company failed to provide new electric connection. It is also submitted by the O.P (para 9 of W.V) that the O.P is ready and willing to provide new electric connection in favour of the complainant provided he submits free way leave as required under the Regulation no.46/WBSERC 3.2.1© . Lastly, the O.P prayed for dismissal of the case in limini.

After scrutinizing four corners of the case following points are in limelight :

1.             Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or in full.

                                                            Decision with reasons

Admittedly complainant applied for new electric meter to the O.P and paid the required  amount as per the rules of the O.P. Therefore, the complainant is an intending consumer of the O.P under the purview of  section 2(1)(d) (ii) of the C.P Act and O.p is a service provider under section 2(1)(o) of the C.P Act, 1986.

Thus the point no.1 is discussed and the same is in favour of the complainant.

Point nos. 2 and 3:-

From the record it is crystal clear that admittedly the complainant on 8.2.103 applied to the O.P for a new electric meter for residential purpose and in total deposited Rs.430/- to the O.P as per the direction of the O.P WBSEDCL. It is also clear that the O.P inspected the residence of the complainant as per rules and regulations of the O.P before giving electric connection. But neither the O.P installed the new meter nor intimated the complainant about any third party objection against the aforesaid electric connection.

The non communication about the opposition faced by the O.P. when the official of OP  attempted  to provide the electricity connection to the complainant / consumer amounts to deficiency in service.

In the written version the O.P WBSEDCL has submitted that due to strong objection by the local people O.P company failed to provide new electric connection after repeated efforts. And the Ld. Advocate for the O.P. in the para 9  of the written version and on the date of hearing of final argument has submitted that O.P. is ready and willing to provide new meter in the name of the complainant at his residence if free way leave is provide by the complainant. Moreover on the date of hearing the Ld. Advocate for the complainant and also the Ld. Advocate for the O.P. have prayed for direction upon the o.p. for installation of new meter with police help at the cost of the complainant. In this regard we are of the opinion that the complainant is very much entitled to get new electric meter from the O.P as in modern civilization electricity is one of the most essential services in moderate life. On the other hand as per regulation no.46/WBSERC 3.2.1( c ) intending consumer  should provide free way leave to the Electric Supply Authority.

In the light of the above discussion and keeping in mind the balance of conveience and inconveience of both the parties we are of the opinion that the complainant is entitled to get electricity by installing new meter by the O.P with the help of state power (if required) at the cost of the complainants.

Thus the point nos. 2 and 3 are discussed in favour of the complainant and the complainant is entitled to get relies party as prayed for.

Hence,

                                                            Ordered

That the petition of complaint is allowed on contest against the O.P WBSEDCL with cost.

O.P is directed to install new electric connection with new meter in the name of the complainant at his residence within 30 days from this date and complainant may take police help ,if required, for the purpose of giving electric connection.

O.P is directed to pay Rs.2000/- to the complainant as litigation cost within 30 days from the date of this order.

Let a plain copy of this order be served upon the parties free of cost.

 

 

Member                                                           Member

                                               

Dictated and corrected by me

 

                        Member

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

                                                                       

Ordered

That the petition of complaint is allowed on contest against the O.P WBSEDCL with cost.

O.P is directed to install new electric connection with new meter in the name of the complainant at his residence within 30 days from this date and complainant may take police help ,if required, for the purpose of giving electric connection.

O.P is directed to pay Rs.2000/- to the complainant as litigation cost within 30 days from the date of this order.

Let a plain copy of this order be served upon the parties free of cost.

 

 

Member                                                           Member