DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

CASE NO:  CC-  78  of   2017

 

Dr. Purnima Debnath (Pal Choudhury),

Durjoynagar, P.O. Kunjaban,

Agartala, Tripura West. ....….…...Complainant.

 

          VERSUS     

 

      1. Tripura State Electricity Corporation Ltd.,

Registered office: Bidyut Bhaban, Banamalipur,

Agartala, Tripura West- 799001.

Represented by its Managing Director.

 

      2. The Senior Manager,

Tripura State Electricity Corporation Ltd.,

Durjoynagar Sub Division,

P.O. Kunjaban, Agartala, 

Tripura West- 799006. ............Opposite Parties.

 

 

 __________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. Dr. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C  O  U  N  S  E  L

 

 

For the Complainant : Sri Amritlal Saha,

  Sri Kajal Nandi,

  Sri S. K. Purkayastha,   

    Advocates.

 

For the O.P. : Miss Rasjashree Purakayastha

  Advocate.

 

 

 

 

JUDGMENT  DELIVERED  ON: 23.10.2017.

 

 

J U D G M E N T

This case arises on the petition filed by one Purnima Debnath U/S 12 of the Consumer Protection Act. Petitioner's case in short is that she applied the O.P., State Electricity Corporation for getting Electricity connection in her residence. She applied in  proper form on 18.02.17. Necessary fees was deposited by her for getting new electricity connection. But there was delay and she was suffering. So, she sent legal Notice. But O.P. failed to provide the service. Petitioner therefore, suffered and claimed compensation amounting to Rs.5 lacs.

 

2. O.P. No.1 and 2, State Electricity Corporation and its Senior Manager appeared, filed written statement denying the claim. It is stated that the O.P. supplied the estimated cost of electric connection and on the payment of the cost the connection is provided. There is no deficiency of service.

 

3. On the basis of connection raised by the parties following points cropped up for determination:

(I) Whether there was unnecessary delay in providing the electric connection to the petitioner's premisses. 

(II) Whether the petitioner suffered and is entitled to get compensation  for deficiency of service by the O.P.?

 

4. Petitioner produced the copy of letter, receipt, copy of khatian in the name of the complainant, legal notice, copy of sanction letter, postal receipts etc.

 

5. Petitioner also produced the statement on affidavit of Purnima Debnath.

 

6. O.P. on the other hand produced the original receipt copy of FIR, copy of reply of Advocate's Notice, copy of estimated cost, original copy of Service Connection, original copy of Police Report.

 

7. O.P. also produced the statement on affidavit of Debabrata laskar, Senior Manager, Durjoynagar Electric Sub Division, Tripura State Electricity Corporation Ltd. 

 

8. On the basis of of all these evidence on record we shall now determine the above points.

 

Findings and decision:

9. We have gone through the letter given by Purnima Debnath addressing to the Senior Manager. It is admitted that she applied for electric connection in her premisses in the year 2017. she informed about taking house loan & had insisted for domestic connection. On 18.02.17 her application was received and that receipt seal is produced. Khatian in the name of the complainant  over the ownership of the land also produced. 

 

10. Purnima Debnath in her statement on affidavit stated that on 22.05.17 she submitted her notice for giving connection immediately. In this regard she also filed Writ Petition before the Hon'ble High Court. That writ petition is disposed.

 

11. O.P. produced FIR. In the FIR it is found that 2 nos. of applications for providing the electric connection was received by the Senior Manager. On site inspection it is found that 21 Nos. poles has been laid down on 26.02.17. FIR was filed to P.S. Estimate for providing connection was given on 06.07.17. Amount deposited on 15.07.17 and connection was given. 

 

12. The report of O/C P.S. also produced. In that report the Senior Manager stated that Himangshu Debnath was constructing new house building at Durjoynagar. For electric connection of that new building so early he himself arranged to buy 23 nos of electric poles on 16.02.17 and erected poles for connection of new line from Holy cross school road to his house with out intimation to the Electric Department. Though he erected the electric posts he did not connect with the main electric line. That report was given by O/C on 13.09.17. From this report it is clear that O.P. TSECL made enquiry before providing the electricity connection. On enquiry it is found that father of the petitioner Himangshu Debnath without taking permission from the Electric board had erected the poles for getting electricity connection. On the site inspection Senior Manager noticed it and reported to O/C for enquiry just after 3 days of the prayer of petitioner. O/C made inordinate delay. After about 7 months he reported the fact. For such report State Electricity board was waiting. But estimated cost for new connection was provided on 06.07.17 and connection also provided. Delay was caused because of the erection of poles without permission. Electric corporation for due reasons made delay. It was not intentional to cause loss to the petitioner. There was no deficiency of service by the O.P. Tripura Electricity Corporation . Both the points are decided accordingly.

 

13. In view of our above findings over the points the petition is dismissed. No cost.

 

 

Announced.

 

 

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

 

 

MT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.