Shri Ashoke Kumar Pal, Hon’ble President:-
The case of the complainant in short is that the complainant is enjoying supply of electricity since 22.12.2011 in her dwelling house from her Meter No.B1155384 installed by WBSEDCL taking supply line from a pole installed in her land. The petitioner / complainant sometimes stayed out of her residence for a continuous period and it was observed subsequently returning to her residence that the OPs extended electric connection to other nearby houses in different Dag Number from the pole standing on the petitioner’s land. The complainant on 07.04.2017 applied to the OP for shifting the said pole. After inspection by the OP the petitioners paid the estimated cost of Rs.13,690/- to the OPs on 04.12.2019 for shifting the said pole. After long persuasion the OPs expressed their inability by Memo No.MHCCC/8222 dated 22.11.2022 to shift the pole due to resistance and objection by the local people and hence this case.
The OP Nos. 1 & 2 contested the case by filing W/V contending inter allia that the claims of the complainant are all false. The specific case of the OPs is that the complainant filed the instant case falsely without settling the dispute with the local people as well as local administration for installation of the electric pole. The OPs did not get free access for shifting the existing electric pole to another location due to strong resistance of the local people. Moreover, the new electric pole may obstruct the easy access of ambulance and fire brigade in case of emergency. Local Gram Panchyat by letter dated 14.07.2017 also raised objection in shifting the electric pools. After settlement of the dispute with local Panchyat the complainant intimated the same to the OP Nos. 1 & 2 and as such the OPs send quotation after long delay of about two years. An all party meeting was also held on 23.12.2020 with prior intimation. But the dispute was not resolved. The OP Nos. 1 & 2 are not liable for the delay in execution of the said work and they are all along ready and willing to execute the work provided they are given free access to do the work and if necessary by police assistance for which on 14.10.2022 a letter was also sent to the local P.S. by the OPs. The OPs also denied the other material averments of the petition of complaint para-wise and prayed for dismissal of the case with cost.
Parties of this case also filed their respective evidence on affidavit and argument of both sides was heard in full at length.
Points for Consideration :-
- Is the complainant a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
03.Is the complainant entitled to get relief as prayed for?
Decisions with Reasons :-
Point No.1 :-
On perusal of the case record along with copies of documents, it appears that the complainant deposited Rs.13,690/- with the OP Nos. 1 & 2 WBSEDCL on 04.12.2019 according to the quotation given by the OPs for shifting an electric pole from one place to another and the OPs acknowledged the receipt of the same.
Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
As such, Point No.1 is decided in favour of the complainant and against the OP Nos.1 & 2.
Points No.2 & 3 :-
Both the Points are taken up together for consideration for the sake of convenience and as they are interlinked.
From the papers and documents available on record, it appears that the complainant paid Rs.13,690/- to the OP Nos. 1 & 2 WBSEDCL on 04.12.2019 as per their quotation for shifting an electric pole from one place to another and the OP Nos. 1 & 2 acknowledged the receipt of the same. The OP Nos. 1 & 2 is all along ready and willing to execute the work but due to continuous resistance from the local people the work could not be executed. The OP Nos.1 & 2 persuaded the matter with the local administration and intimation was also given to the local police station to give assistance at the time of execution of the work as there was apprehension of breach of peace and resistance from the local people. But no positive response was received from the local police station in this regard. The delay in execution of the work is not intentional and deliberate on the part of the OP Nos. 1 & 2 so far as it appears from the papers and documents available on record. The complainant became the victim of circumstances. The OPs are all along ready and willing to execute the work if necessary arrangement for free access is given to them to do the work. Therefore, it is crystal clear that the OPs are not at all guilty of deficiency of service and unfair trade practice. But when the complainant paid the amount of Rs.13,690/- for getting the service from the OP Nos. 1 & 2 and the OPS received the same they are liable to give service to the complainant.
Thus the Point No.2 is decided in favour of the OPs and Point No.3 is decided in favour of the complainant and against the OPs.
In the result, the complaint case succeeds in part.
Fees paid is correct.
Hence, it is,
ORDERED
That the instant complaint case be and the same is hereby allowed on contest against the OPs in part with cost of Rs.5,000/- (Rupees Five Thousand) only.
The OPs are jointly and severally liable and are directed to execute the work of shifting the disputed electric pole as expeditiously as possible and positively within 45 days from the date of passing this order.
The OPs are hereby directed to take assistance of the local police station if necessary, at the time of execution of the work and the IC, Baruipur Police Station is hereby directed to give police assistance to the OPs / WBSEDCL in this regard at the time of execution of the work so that no breach of peace takes place at the locale at the relevant point of time and the work is executed peacefully.
Superintendent of Police, Baruipur Police District be also informed by sending a separate copy of this order to give necessary instruction and to co-operate with the OPs / WBSEDCL in execution of the work.
The OPs are jointly and severally liable and are directed to pay the litigation cost of Rs.5,000/- (Rupees Five Thousand) only to the complainant within 45 days from the date of passing this order.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Ashoke Kumar Pal
President
