West Bengal

Hooghly

CC/77/2015

S. Malik - Complainant(s)

Versus

WBSEDCL - Opp.Party(s)

26 Jul 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, HOOGHLY
CC OF 2013
PETITIONER
VERS
OPPO
 
Complaint Case No. CC/77/2015
 
1. S. Malik
Haripal, Singur
Hooghly
West Bengal
...........Complainant(s)
Versus
1. WBSEDCL
Singur
Hooghly
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Parthasarathi Das PRESIDENT
 HON'ABLE MR. Sri. Nirmal Chandra Roy. MEMBER
 HON'BLE MRS. Chandrima Chakraborty MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 26 Jul 2016
Final Order / Judgement

Brief fact of the case of the complainant is that he applied for electric connection in order to run his ‘mini deep tube-well’ in the office of the Nasibpur CCC, Hooghly vide application no. 1002373494 and in this regard the Nasibpur CCC sent an ‘Application receipt ‘ to this Complainant on 17.12.2014. The petitioner further states that on 29.1.2015 he received a quotation amounting to Rs.7,272/- from the office of the oP no.2 vide their Memo no.OQ2373494/QUOT/03. The petitioner paid the said  quotation money to the office of the OP no.2 on 13.2.2015. The petitioner thereafter went to the office of all the oPs on several occasions but in vain. Then, the petitioner sent one Advocate’s letter to the all Ops and finally the petitioner finding no other alternative has come before this Forum for necessary redress along with compensation and other cost as mentioned in his petition of complaint.

            To substantiate the case of the petitioner he filed some documents by firisti.

            The Opposite party upon receiving the summons entered appearance in this case by filing Written version denying all material allegations contending inter alia that the case is not maintainable in its present form and prayer. However, the Ops have admitted that the petitioner paid Rs.7,272/- on 3.2.2015 for taking electric connection to his alleged Mini Deep Tube well. The further states that they took necessary steps to effect the said connection but due to laches on the part of the complainant they could not effect the electric line to the petitioner/complainant. So , there is no deficiency in service on their part and they prayed for dismissal of the case.

            Op did not file any documents to substantiate their case.

            Upon pleadings, Written version submitted by the Ops and on perusal of the documents filed in this case the following issues are framed :

          ISSUES

  1. Whether the petitioner is a consumer ?

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

  3. Whether the petitioner is entitled to get relief as prayed for ?

                                                                                        DECISION WITH REASONS :

    Point no.1

                It is an admitted fact that the petitioner paid Rs.7272/- to the office of the Op on 17.12.14 for getting electric connection to his mini deep tubewell for harvesting purpose. So the petitioner is a consumer under the OP as per Section 2(d)(1) of the C.P.Act 1986.

                So the point no.1 is thus answered in favour of the petitioner.

    Point no. 2 and 3

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

                The complainant is a consumer of the Ops 1,2 and 3 and there is no denial by the oPs. Again inspite of depositing the amount for connection  by the complainant, the oPs were reluctant to arrange connection for “mini deep tubewell”. This has rebutted in Agricultural water supply for irrigation. While in similar cases the Ops render the service as normal connection. So the present delay and default in supply of electricity to the complainant is deficiency of service at the sweet will of the Ops. So from the documents and exhibits it is amply proved that inspite of taking the charges, the Ops did not bother to give the electric line to the complainant who had to suffer immense loss. And for this he deserves to be compensated . So all the points are answered in favour of the complainant. Hence it is,

                                                                                                   Ordered

                That the case of the complainant be and the same is allowed in part on  contest. The Ops no. 1 to 3 are directed to give electric connection to the complainant within 30 days from the date of this order.

                The Ops will also pay to the complainant  of Rs.10,000/- as compensation and litigation cost for not providing electric connection in time to the petitioner inspite of payment of all requisite fees as per quotation sent by the OP to the petitioner.

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

     

 
 
[HON'BLE MR. JUSTICE Shri Parthasarathi Das]
PRESIDENT
 
[HON'ABLE MR. Sri. Nirmal Chandra Roy.]
MEMBER
 
[HON'BLE MRS. Chandrima Chakraborty]
MEMBER

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