West Bengal

Dakshin Dinajpur

CC/92/2019

Smt. Chandana Das Roy, W/O- Paritosh Roy - Complainant(s)

Versus

The Station Manager, Balurghat C.C.C., W.B.S.E.D.C.Ltd. - Opp.Party(s)

28 Dec 2021

ORDER

The instant case has been initiated by the complainant U/S – 12 of C.P. Act,1986 against the Opposite Party claiming  for new electric connection, compensation Rs. 50,000/- + Litigation cost Rs. 10,000/-, Total amount = Rs. 60,000/-.

The fact of the case, in brief, is that the Complainant applied for a new domestic electric connection before the Opposite Party. After receiving the application of the Complainant, the Opposite Party sent a Quotation of Rs.747/- on 24.04.2019. The Complainant deposited the said quotation money on 24.04.2019 by two separate money receipt vide serial no.D3478411 and D3478412. On 14.06.2019 the Opposite Party sent a letter informing that on 14.06.2019 Opposite Party had gone to effect the electric connection but the connection was not possible due to the objection and obstruction raised by Nirmala Das, Jharna Das and Bimala Das. For that the Opposite Party lodged a GDE before the Polish Station on 14.06.2019. Thereafter, the Complainant requested several times for new electric connection before the Opposite Party but in vain. There is deficiency on the part of the Opposite Party. Having no alternative, the Complainant has filed the instant case for relief as prayed in the plaint.

Notice was duly served upon the opposite Party and after receiving the notice, the Opposite Party appeared before this commission and filed his written version.

By filing written version, the opposite Party has denied the allegation that there is deficiency on the part of the Opposite Party. The Opposite Party has submitted that after receiving the application of the Complainant for new domestic connection, the Opposite Party sent a quotation of Rs.747/- and after deposit of the said quotation money, the men and agents of the Opposite Party went to the service place of the Complainant to effect the electric connection but due to the objection and protest of Nirmala Das, Jharna Das and  Bimla Das. For that reason the Opposite Party lodged a GDE before Balurghat Polish Station and also informed the Complainant to solve their matter and then inform the Opposite Party. There is no deficiency on the part of the Opposite Parties so, the instant case is liable to be dismissed.  

To prove his case, the complainant has filed  original (i) Application receipt letter to Chandana Das from WBSEDCL vide memo.no.4002357001/APPRECT/01 (ii) Quotation (iii) Two money receipt vide SL. no. 3478411 &3478412 (iv) Letter from WBSEDCL vide memo. no. Blg CCC/124 (v) L.R.Record in the name of Chandna Das (vi) Khajna Receipt (vii) Gram Panchyat Tax Receipt.

 On the other hand, the Opposite Party has filed the following documents in support of has defense  

i) Photo Copy of Complaint petition before I / C, Balurghat P.S.

ii) Photo Copy of intimation letter to the Complainant dated 14.06.2019

iii) Photo Copy of Khatian & plot information regarding land schedule of the Complainant

iv) Photo Copy of complaint petition of the Complainant dated 11.05.2019 to the Asst. Eng. Balurghat. 

 

In view of the above mentioned facts, the following points are cropped up for consideration

 

POINTS FOR CONSIDERATION 

 

          1.  Whether the Complainant is a consumer to the Opposite Party?

          2.  Whether there is any deficiency in service on the part of the Opposite Party?

          3.  Whether the Complainant is entitled to get any relief/reliefs as prayed for? 

 

DECISION  WITH  REASONS

 

              We have heard arguments by Ld. Advocate for the Complainant and Ld. Advocates for the Opposite Party at length. We have also gone through the written examination – in – chief and written arguments filed by both the parties as well as the documents produced by both the parties.          

              At the time of argument, Ld. Advocate for the Complainant narrated the facts of the case as mentioned in the complaint and submitted that the electric poll is just adjacent to the house of the Complainant and there is no house/land in between of the house of the Complainant and the electric poll. The electricity is the essential commodity of the people so, the Complainant has very much right to get the electric connection. There is no civil suit in respect of the house or land of the Complainant. There is deficiency in service on the part of the Opposite Party so, the petition should be allowed.    

                 On the other hand, Ld. Advocate for the Opposite Parties also discussed his defense case and submitted that the validity of the quotation remains for 90 (Ninety) days thus, the validity of that quotation has been expired. The Complainant has not filed any petition before the Opposite Party for extension of the date of the quotation. Due to the inaction of the polish the electric connection has not been effected. There is no deficiency in service on the part of the Opposite Party so, there is no question of compensation. The persons who made resistance should have to made party in this case. Hence, the case is liable to be dismissed. 

             Now, let us discuss all the points one by one. 

 

Point No. 1    

 

          On perusal of materials on record, it appears that the Complainant, in terms of quotation has paid a sum of Rs./- 747as security deposit and  service connection charge on 24.04.2019 on proper receipt. By this way the Complainant has became consumer to the Opposite Party under the provision of the C.P. Act.,1986 read with Consumer Protection Act, 2019. 

         Accordingly, this point is decided in favour of the Complainant.  

Point Nos. 2 & 3   

 

           Both these points are taken up together for discussion for the sake of convenience and brevity.  

           On perusal of the L.R.& R.O.R, Panchayat tax receipt and Khajna Receipt, it appears that the Complainant is the sole owner of the land upon which the house is situated. Thus, it is clear that the persons who protesting and resisting against the electric connection of the Complainant are not the co- sharer or co- owner of the house. In such circumstances, the plea of the Ld. Advocate for the Opposite Party that the protestors are required to be made party in this case, is not necessary. Apart from it, the Opposite Party has lodged GDE against the Protestors but it is the polish who did not take step. It also appears that no civil suit is pending in respect of the house of the Complainant. The Complainant has already deposited service connection charge fee and security money. Thus, it is crystal clear that the Complainant has right to get electric connection. The contention of the Ld. Advocate for the Opposite Party that the validity of the quotation has been expired and the Complainant has not filed any prayer before the Opposite Party for extension of the date of the quotation, has no legs to stand because the Complainant is a rustic lady and the Opposite Party has not advised her to do so. So, this plea of the Ld. Advocate for the Opposite Party is not acceptable.

Considering all aspect of the case, it appears that the electricity, in the modern period has became part and parcel of the life of a man so, the WBSEDCL is duty bound to effect electric connection to the Complainant with the assistance of the polish and the polish personals must assist the polish for this against the GDE dated 14.06.2019 lodged by Assistant Engineer & Station Manager, Balurghat CCC, W.B.S.E.D.C.L regarding the incident.   

            In view of the above mentioned discussions, it is clear that the Complainant is a bona-fide consumer to the Opposite Parties but there is no deficiency in service on the part of the Opposite Parties

 

Accordingly, point no.2 is decided in favour of the Opposite Party and the Point No.3 is decided in favour of the Complainant.. 

 

 

Hence, it is

                                                O R D E R E D

 

That the Consumer Case No. 92 of 2019 is allowed on contest in part but without cost. 

            The Opposite Party is directed to effect electric connection within thirty (30) days in the house of the Complainant from the date of passing of this order with the assistance of the Police of Balurghat P.S. 

            The Inspector-in charge, Balurghat P.S. is directed to assist the Opposite Party for effecting electric connection in the house of the Complainant by providing police personals .The Opposite Party is further directed to consult with the I/C, Balurghat P.S. and fix a date for giving effect the electric connection to the complaint. In the event of failure of giving effect the electric connection by the Opposite Parties to the complainant within the prescribed period, the complainant is at liberty to execute the order according to law.

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