West Bengal

Bankura

CC/164/2014

Radhaballav Ghosh - Complainant(s)

Versus

Station Manager WBSEDCL and other - Opp.Party(s)

Mohiuddin Ahamed

06 Feb 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 164/2014

Date of Filing : 12.12.2014

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant: Ld. Advocate Mahiuddin Ahmed

For the O.P. Kunal Kanti Ghosh

Complainant

Radhaballav Ghosh, Vill Charigram, Indas, Banakura

Opposite Party  

Station Manager, Indas Gr. Electric Supply, WBSEDCL, Indas, Bankura 2. Div. Manager, Bishnupur WBSEDCL

FINAL ORDER / JUDGEMENT    

                                                                                                                                                     

Order No.47

Dated:06-02-2023

Hazira is filed on behalf of the Complainant through Advocate.

No step is taken by the O.P.

The case is fixed for argument.

After hearing arguments from the Complainant the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he applied for permanent electric connection to his Sub-mersible Pump (SMP) on 06-04-2010 before the O.P. on deposit of requisite fees and charges and thereafter Quotation of Rs.38,000/- was received by the Complainant from the O.P. vide Quotation No.IES/2737,dt.13/12/2010 and the Complainant paid the Quotation amount on 10-02-2011 on proper receipt. Thereafter the O.P. served a list of materials and work schedule for new SMP connection and the Complainant duly complied the same by supplying all the requisite materials for Rs.1,02,234.18 under receipt dated:09-01-2012 but sorry to say, even after  compliance of all the requisites and formalities the O.P. failed to give electricity  connection to the SMP of the Complainant within the stipulated period as provided in Section 43 (1) of Electricity Act, 2003 and after several requests and persuasions the O.P. ultimately installed electricity connection on 03-01-2013. The Complainant has therefore approached this Commission for adequate compensation in terms of Section 43 (1) of the Electricity Act for such delayed connection.

                                                                                                                                                                              Contd………p/2

 

Page: 2

The O.P. filed written version denying all the allegations made in the complaint contending inter alia that the delay was not intentional as the Complainant was not ready with the construction of the meter room in due time for installing the electric connection.

The Commission has gone through all the materials on record and found that admittedly there has been a delay for about one year in installing the electric connection to the Complainant and such act on the part of the O.P. is violation of Section 43 (1) of Electricity Act, 2003 for which the O.P. should be held liable to pay the statutory penalty.

On perusal of the Quotation dated: 13/12/2010 three requirements were imposed to the Complainant so as to get the electric connection. The first one is to deposit of Rs.1,000/- and the second one is way leave permission at the time of execution of the work and the third one is to supply the requisite materials. The Complainant has duly complied all the conditions but it is not clear whether way leave permission is required or not in this case.

There is no whisper in the written version regarding the necessity of way leave permission. Only the construction of meter room is shown as the ground for delay for electric connection. But the O.P. could not justify by any material on record that the Complainant took time for construction of the meter room according to the requirement of the O.P.

During this period in between the application for electric connection and installation thereof no correspondence could be found between the parties wherefrom it can be ascertained that the Complainant has insisted the O.P. for electric connection within the statutory period. Mere delay in installation of electric connection in terms of Section 43 (1) of Electricity Act, 2003 will not entail penalty unless and until the consumer could justify any pecuniary loss for such delayed  consumption. But the Commission cannot lose sight of lackadaisical attitude of the O.P. in dealing with application for new electric connection in accordance with the law for which they must bear some sort of compensation for ends of justice.

                                                                                                                                                                                     Contd…….p/3

Page: 3

In the facts and circumstances of the case the Commission is not inclined to impose statutory penalty under Section 41 (3) of Electricity Act, 2003 but finds it just and proper to impose compensation of Rs.50,000/- in favour of the Complainant.

                                                                   Hence it is ordered……

That the case be and the same is allowed in part on contest against the O.P.

The O.P. is directed to pay to the Complainant Rs.50,000/- as compensation for their lackadaisical attitude in installing new electric connection to the Sub Mersible Pump of the Complainant.

Let a copy of this Judgement be given to the Regional Manager, WBSEDCL, Bankura for information and circulation to all the Station Managers under their jurisdiction for strict compliance of Section 43 (1) of Electricity Act, 2003.

Both parties be supplied copy of this Order free of cost.

 

____________________                   _________________           _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER           HON’BLE MEMBER