Date of filing: 24.08.2017 Date of disposal: 28.03.2019
Complainant: Manju Rani Chakraborty, W/o. Sri Gokul Chakraborty, Resident of Kalna Baramitra Para, P.O.-Kalna, P.S.-Kalna, Dist. Purba Bardhaman, Pin.-713 409
- V E R S U S –
Opposite Party: 1. West Bengal State Electricity Distribution Company Ltd., the Station Manager, Kalna Electric Supply, Kalna, P.S.- Kalna, Dist.- Purba Bardhaman, Pin 713409.
2. The Divisional Manager, West Bengal State Electricity Distribution Company Ltd., Divisional Office at Kalna Electric Supply, Kalna, P.S. -Kalna, Dist. Purba Bardhaman, Pin- 713409.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Debdas Rudra.
Appeared for the Opposite Party Nos. 1 & 2: Ld. Advocate, Biswanath Nag.
J U D G E M E N T
This is a case of under Section 12 of the C.P Act, 1986 alleging deficiency in service and unfair trade practice and restoring the electric connection in the premises/shop room of the complainant, directing an amount of Rs.50,000/- as compensation towards mental pain, agony and harassment and an amount of Rs.20,000/- as litigation cost.
The complainant’s case in short she had applied for a new electricity connection from the O.P. No.1 to run her shop. After receiving the said application along with documents the O.P. No.1 being satisfied with official formalities issued a quotation letter dated 12.06.2017 in favour of the complainant and directed her to pay Rs.1,619/- to the Office of the O.P. No.1 for obtaining electric connection. The complainant deposited the said amount on 03.07.2017 and after receiving it the O.P. No.1 issued money receipt on 03.07.2017 and provided electric connection to the shop by installing it on 17.07.2017. At that time, a yellow meter card was issued to the complainant. On 20.07.2017 all of a sudden, the O.P. No.1 arrived at the complainant’s shop and disconnected the service without any prior notice. They also took away the meter. On that same day, the complainant went to the Office of the O.P. No.1 to know the reason of disconnection but the O.P. No.1 refused to assign any reason. On that day the complainant went to Kalna P.S. in the evening to lodge a G.D. to record the fact of disconnection of the aforesaid line but the duty officer present at that time refused to lodge the G.D. and behaved very rudely.
Then the complainant sent the said complaint to the Kalna P.S. on 02.08.2017 through speed post to record the entire fact and also sent a legal notice on 08.08.2017 to the O.P. No.1 asking the reason of disconnection as well as requesting the O.P. to restore the service line within seven days failing which the complainant shall be compelled to take legal action against the O.Ps. But the O.Ps neither assigned the reason of the O.Ps neither assigned the reason of disconnection nor restored the service line.
The O.Ps, in their W/V, stated that all the complainants made against them were wrong, false and baseless. They had also stated as the reason of their act that initially the complainant had paid the quotation amount without submitting any way leave of the objector in spite of having knowledge with regard to objection raised by Kalna Sahar Kabarsthan. Moreover an work order was issued to the enlisted contractor for effecting the proposed connection of the complainant and the men of Agency went to the complainant’s premises with materials but could not effect the proposed connection due to objection of the local kabarsthan committee and as such the connection had not been effected till date by the agency due to objection raised by the Kalna Sahar Kabarsthan Committee and a copy of objection had been duly forwarded from S.D.O. Office Kalna to the office of the S. M. Kalna C.C.C. on 19.07.2017 even the MLA Kalna and the Chairman of Kalna Municipality had asked the O.Ps verbally to maintain status quo in respect of the matter of proposed connection.
-: Decision with reasons :-
The complainant, in his W/V, has stated all the facts and circumstances from which it is evident that her electricity connection was cancelled without any prior notice and even after several requests, neither the reason behind the action had been stated not the connection was resumed. But in the meantime the complainant received an electricity bill of Rs.764/- which she duly paid between the date even she duly paid between the date even she did not have the service connection.
The O.Ps have stated that they went to the premises to provide connection but could not effect due to the objection of the Kabarsthan committee. The Ops have submitted their list of documents as by way of ‘firisti’. We have gone through those documents and found that they are not relevant with the present case. Electricity is a fundamental right guaranteed under Article 21 of the Indian Constitution. So the complainant is entitled to get the service connection. No objection can be raised on this account. Hence, the complainant succeeds to contest the case.
Hence, it is
O r d e r e d
that the Consumer Complaint No. 155/2017 be and the same is allowed on contest against the O.Ps directing the O.Ps to restore the electric service connection in the premises/ shop room of the complainant taking appropriate help from other authorities, if required , within 30 days from the date of passing of this order and the O.Ps are also directed to pay Rs. 2,000/- as compensation towards mental pain, agony and harassment and Rs. 1,000/- as litigation cost to the complainant within 30 days from the date of passing of this order, failing which, the complainant is at liberty to put the entire award in execution as per provisions of law.
Let the plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
