District Consumer Disputes Redressal Forum

Dakshin Dinajpur

Surya Sen Sarani Municipal Building, 1^st Floor, Balurghat Dakshin Dinajpur Pin - 733101.

Telefax: 03522-270013

Consumer Complaint No.: 03/2008

Order No.09

Dt. 30.06.2008

Present :-(1) Sri S. K. Ghosh - Presiding Member

(2) Samiksha Bhattacharya - Lady Member

Counsel(s) :-(1) Sri Ruhidas Barma - Representative for the complainant

(2) Sri Sudip Chatterjee - Advocate for the OP Nos.1 & 2

This is to consider an application U/s 12 of the C.P. Act, 1986 filed by the complainant praying for electric connection at his home for domestic purpose and for compensation towards harassment, mental pain and agony.

Facts of the case, in brief, is that the complainant is a poor cultivator. It is very much hardship for the complainant to manage the needs of his family members. It is also very much urgent to take electric connection at complainant’s house for domestic purpose and for that reason the complainant collected ‘quotation’ from OPs in respect of getting new electric connection for domestic purpose on 25.02.2004 and to that effect the complainant paid Rs.1,560/- (i.e. Rs.75/- + Rs.185/- + Rs.650/- + Rs.650/-) in cash to the OPs on different dates in the year 2004. Thereafter OPs issued the quotation in favour of complainant on 25.02.2004. But it is very unfortunate enough that till now the complainant does not get any electric connection at his residence. Hence the application.

The OP Nos. 1 & 2 contested this case by filing written version stating inter alia that according to the need of electricity energy the Central Government took a programme for electrification in rural area of the country in every states and for that reasons the Government allotted money for some areas and that programme for electrification is maintained and controlled by the R.E.D.C. Scheme by A.E., R.E. construction, Balurghat. The OP Nos.1 & 2 further stated that the said construction company at first collects money from Zilla Parishad, Dakshin Dinajpur. Thereafter, after completion of all formalities the

said construction company will hand over the electric line upon the station manager of their respective area and to the effect OPs are able to supply the energy through the said electric line. But the construction company did not hand over the said programme upon the OPs till now and as a result OPs are not able to perform their duties as well as OPs are not laible or responsible for the said acts.

OP No.3 also contesting this case by filing written reply stating inter alia that it might have been completed earlier, but due to some problems the work could not be completed. The work was allotted first to M/s. Unicon, Netaji Polly, Raiganj, Dist. Uttar Dinajpur vide Erection No. DE(A)/RE/10/189 dt. 28.03.2001. But he did not take up the work in time. Thereafter he expired on early year of 2007 due to his critical illness and accordingly the work was kept pending. OP No.3 further stated that it was not within knowledge that some intending consumers deposited money for individual service connection at their dwelling–house. Now the matter has been further taken up and allotted to a new Erection Contractor under name and style of M/s. Pragati Construction & Company, Banshbari, Malda and it is expected to be completed by 10^th July 2008 if monsoon does not disturb the progress of said work.

In view of the contentions of the both parties following points arose for consideration :-

1. Whether the consumer-complainant is entitled to get any relief as prayed for?

2. Whether there is any deficiency in service or gross negligence on the part of OP ?

Decision with reasons:

Point Nos. 1 & 2: Both parties file relevant documents at the time of hearing, which are kept with the record.

We heard contentions of Ld. Counsels for both parties and perused all material documents produced before us with reference to relevant provisions of law. It is admitted fact that the complainant deposited the quotation money of Rs.1,560/-. But OP No.3 stated that it was not in our knowledge in respect of deposited money for individual service connection at the dwelling house. It is the view of the Ld. Forum is that it is very much unfortunate that after taking of consideration money from intending customers they failed to provide the proper service. It should be the duty from the end of OP No.3 to inform all intending customers in writing regarding delay of electric connection. But OP No.3 did the perform the said duty causing deficiency in service and there is a gross negligence on the part of OP No.3. At the time of hearing it is clear that OP No.3 totally failed to hand over the total programme upon the OP Nos. 1 & 2 in respect of electric line. Therefore OP Nos. 1 & 2 are not able to supply the energy through electric line OP Nos. 1 & 2 are totally helpless due to fault on the part of OP No.3. The Ld. Forum hold and conclude that there is no gross negligence or deficiency in service on the part of OP Nos. 1 & 2.

The Ld. Forum perused the reply of notice and in the said reply OP No.3 stated that it is expected to be completed by 10th July 2008 if monsoon does not disturb the progress of work.

So it is clear from the above statement that OP No.3 undertakes to complete the said work within 10^th July 2008 subject to natural calamities.

It should be necessary to complete the said work earlier but in vain.

There is a long delay in processing of the said work causing harassment and mental agony of all consumers.

From the above analysis in details the Ld. Forum hold and conclude that the complainant is entitled to get relief.

There is a gross negligence or deficiency in service on the part of OP No.3 and there is no fault on the Part of OP Nos. 1 & 2. Point Nos. (1) & (2) are decided accordingly on the basis of aforesaid findings. Hence

O R D E R E D

That the Consumer Complaint No. 03/2008 is allowed on contest with cost of Rs.100/- assessed by the Ld. Forum.

That the complainant is entitled to get relief as against the OP No.3.

That there is a gross negligence or deficiency in service on the part of OP No.3.

That there is no fault or gross negligence on the part of OP Nos. 1 & 2.

That OP No. 3 is hereby directed to pay cost of Rs.100/- within one month from the date of passing order. It not paid within the specified period of time the said amount shall bear interest @ 5% p.a. till payment.

That OP No.3 is hereby further directed to complete the erection work positively by 10^th July 2008 and if the work is hampered due to natural calamities the said period will be extended further by another period of one month i.e. in this situation work should be completed by 9^th August 2008 positively without any delay.

That after completion of work the OP No.3 is further directed to hand over the total programme upon OP Nos. 1 & 2 in respect of erection.

That OP Nos. 1 & 2 are hereby directed to supply energy through electric line as soon as possible after taking the total programme from OP No.3.

That the case could be disposed of within 4 months 10 days.

Let a copy of this order be supplied to the parties free of cost.

By order of this Forum

I agree