Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP no. 1 : Dabraj Das
Date of filing of the case :22.07.2019
Date of Disposal of the case :23.03.2023
Final Order / Judgment dtd.23.03.2023
Complainant above name filed the present petition against the OPs praying for direction to provide electric connection, compensation amounting to Rs. 4,00,000/- and cost of the case.
He alleged in the petition of complaint that he procured one application for new connection for the purpose of cultivation of land and he deposit Rs. 2,00/- for the said purpose before the office of OP no. 1.
OP no. 1 inspected the spot and thereafter issued one quotation directing to complainant to deposit Rs. 7112/- and complainant deposited the same but inspite of that OP no.1 and 2 not yet provided any connection.
OP no. 1 contest the case by filing W/V and denied the entire allegation .
He further contended that complainant applied for electric connection for irrigation purpose. He further contended that complainant prayed the said connection for cultivation purpose in the field of Bad Bilwagram, from the same premise where huge outstanding dues was present under the name of “The Secretary, Bad Billagram SKUS LTD”.
Present outstanding dues of the said connection is Rs.1, 86,909/- and LPSC is Rs. 2, 29,222/-.
Complainant fully ignored OP’s office and he has bonafide intention not to make any payment of outstanding dues.
Complainant in support of his case filed affidavit-in-chief.
OP no. 1 files questionnaire and the complainant gave answer of questionnaire.
Complainant files following documents such as:-
- Original copy of quotation amounting to Rs. 7112/-
- Two original receipts in support of payment of Rs. 3,312/- and Rs. 3,800/-. He also filed another original receipt in support of payment of Rs. 200/-.
OP no. 1 did not file affidavit-in-chief and also did not file any documents in support of their contention.
Decision with Reasons
It is admitted position that complainant had filed petition for new electric connection for the purpose of irrigation from the OP no. 1.
On perusal of original money receipt amounting to Rs. 200/- .We find that complainant deposited Rs.200/- before the office of OP no. 1 for earnest money deposit vide receipt no. 2366162 dtd. 09.08.2017.
On perusal of original quotation we find that OP no. 1 directed complainant to deposit Rs. 3,800/- and Rs.3, 312/-.
On perusal of two original money receipt we find that complainant deposited Rs. 3,800/- and 3,312/- as per direction of the aforesaid quotation.
During hearing OP no. 1 argued that secretary Bad Bilwagram SKUS LTD had one connection in the same premises and there are huge outstanding dues in the said connection amounting to Rs. 1,86,909/-.
But OP no. 1 could not file any such document before this Commission even OP no. 1 failed to show any act, rule, notification or regulations in support of the fact that they can deny the electric connection if outstanding dues are found in the same premises.
Accordingly, we did not find any merit in the such type of argument of OP no. 1.
On careful perusal of petition of complaint and W/V of OP no.1 we find that complainant is a consumer and Ops are the service provider.
We also find that complainant had filed the present complaint within the period of limitation.
Considering the entire matter we find that without proper reasons OP no. 1 and 2 denied service connection to the complainant even on receipt of proper fees.
Their such type of act is nothing but deficiency in service which is not desirable from the institution like OP no. 1 and 2.
In this situation we think that interferences of this commission is highly essential.
Having regard to the fact and circumstance of this case and considering the materials on record we find that OP no.1 and 2 should be asked to provide electric connection in favour of the complainant within 30 days from this date of order.
We think that OP no.1 and 2 should be asked to pay compensation not less than 10,000/- to the complainant for his harassment mental pain and agony.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP no.1 and allowed ex-parte against OP No. 2 with cost of Rs.3000.00(Rupees three thousands) to be paid by OP No. 1in favour of the complainant.
OP No.1-2 jointly or severally are directed to provide electric connection in favour of the complainant as per his aforesaid application and payment of quotation amount within 30 days from this date of order failing which complainant shall have liberty to put this order into execution.
OP No.1-2 jointly or severally are directed to pay Rs.10,000/-(Rupees Ten thousands) in favour of the complainant for his physical harassment, mental pain and agony within 30days from this date of order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP No.1-2 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
