District
: South 24 Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24
Parganas.
Complaint Case no. 597 of 2014.
In the matter of :
Shri
Bistupada Mondal, __________Complainant /
Petitioner.
-
Versus –
District Engineer, The Calcutta
Electric Supply Corporation Limited ( CESC Limited ), and anr.
___________Respondents / Opposite
Parties.
FURTHER
EVIDENCE ON AFFIDAVIT OF COMPLAINANT SHRI BISTUPADA MONDAL.
AFFIDAVIT
Affidavit of Shri Bistupada Mondal,
Son of Late Nanilal Mondal, aged
about 65 years, by faith Hindu, by
Occupation Daily Labour, residing at
premises being no. 41/4, Sisir Bagan Road, Kolkata – 700 034.
I, the above deponent
do hereby solemnly affirm and declare as under :-
1.
That I am the petitioner, in the above
case, thoroughly conversant with the facts and circumstances of the present
case and am competent to swear this affidavit.
2.
That I beg to say that on submission
of Evidence on Affidavit, the Respondents / Opposite Parties are appeared in
the present proceeding and praying for submission of their Written Version and
Evidence on Affidavit, which has been allowed by the Hon’ble Forum.
3.
That I beg to say that the Respondents
/ Opposite Parties filed their Written Version and Evidence on Affidavit, in
the present proceeding before the Hon’ble Forum, therefore a necessity has
arisen to submit my further Evidence on Affidavit in reply to the written
Version and Evidence on Affidavit filed
by the Respondents / Opposite Parties.
4.
That I beg to say that the Electricity
Company admitted the facts as stated by me in my earlier Evidence on Affidavit,
in para no. 7, at page 2 of the their Evidence on Affidavit. The Electricity
Company admitted the facts of new electricity connection application and the
visit at the premises for inspection and their letter for seeking some
documents has been admitted, as stated by me.
5.
That I beg to say that the CESC
Company raised a new story of one Maya Roy objection and placed one objection
Letter dated 12-08-2014, written by her to the CESC Company, and on bare
perusal of such purported letter the contents of such letter are not believable
one, and raised suspicion. Further more the CESC Company allegedly said to send
one letter dated 01-09-2014, seeking clarification of such objection from me,
which has never reached to me, and I am not in receipt of the said purported
letter dated 01-09-2014, the CESC Company annexed the copy of the said Letter
dated 01-09-2014, but failed to substantiate by any paper to show that the said
letter has ever been served to me on any occasion, whatsoever.
6.
That I beg to say that if I could
receive the said purported Letter dated 01-09-2014, I certainly should made
reply to the company. Further more very interestingly the CESC Company made one
Letter dated 01-09-2014, to MAYA ROY, seeking clarification about her status
and the reasons of her objection, but no reply from the said MAYA ROY has ever
been received or acknowledge by the CESC Company, as stated by the Respondents
/ Opposite Parties, in their Written Version as well as in their Evidence on
Affidavit.
7.
That
I beg to say that the Letter being Ref. no. 02/10921/14, dated
08-08-2014, issued by the respondent no.1, has been replied properly, through my
Learned Advocate, vide Reply Letter being Ref. no. Legal / BPM / 2649, dated 24th
day of September’ 2014, through Speed Post with A/D. The A/D, came back with
the acknowledgment of receipt of such letter on respondents seal and signature,
thereby. I already made annexure with my Evidence on Affidavit submitted on
earlier occasion in the proceeding before the Hon’ble Forum.
8.
That I beg to say that the Respondents
did not reply and or answer to the Letter being Ref. no. Legal / BPM / 2649,
dated 24th day of September’ 2014, given by me through my Learned
Advocate, and not even cause any endavour to install new electric connection at
the premises.
9.
That I beg to state that I am a
bonafide tenant and able to take electric connection at my premises as such the
electricity is an essential services and requirement to me and my family
members, in day to day life of our living.
10.
That I beg to say that I am enclosing
herewith a copy of Rent receipt, Rent Control Chalan, and the documents related
to my identity and address proof, collectively marked as Annexure – “A”.
11.
That I beg to state that I complied
with all the formalities and requisites payment thereof as was asked by the
opposite party, to get electric connection at my premises, though the opposite
party, did not provide and or arrange to give the electric connection at the
premises, till date.
12.
That I beg to say that I denied and
disputed specifically, all other contents of the Written Version and or of the
Evidence on Affidavit of the Respondents, save and except the para no. 7, of
their Evidence on Affidavit, and put strict proof of the rest to them.
13.
That I beg to state that I on several
occasions went to the office of the Opposite party with a request to get
electric connection at my premises, though the opposite party did not heed to
the request and my prayer and did not provide and or arrange to give electric
connection at the premises, and thus is such a purported manner and others the
opposite party refused and neglect willfully to give services, on and after
receipt of requisite payments thereof.
14.
That I beg to state that I applied for
new Electric connection as on 06-08-2014, through Annexure A Form No.
85098786279, on and after expiry of 4 ( four ) months more or less, and whereas
the such purported in action of the respondents / opposite parties kept me in
dark and thereby I am suffering a lot in different aspects only due to such
reasons of non availability of electricity alone.
15.
That I beg to state that I am a
Consumer as enshrined under the provisions of Consumer Protection Act’ 1986, and the purported acts and
omission of the opposite party well constitute the term as Deficiency in
services as well described in the Consumer Protection Act’ 1986.
16.
That I beg to state that I am entitled
to get electric connection within a prescribed period of one month as described
in the provision of Section 43 (1) of the Electricity Act’ 2003, and refusal of
such by the act of the opposite party, is well described as deficiency in
services on the part of the opposite party.
17.
That I beg to state that I am a victim
of the purported acts and deficiency in services at the instances of the opposite party and
the acts of the opposite party as well as the facts are well constitute the
deficiency in services on the part of the opposite party.
18.
That I beg to state that in absence of
the electric connection I am suffer a lot in various manners and aspects, and
feel much depressed.
19.
That I beg to state that the
respondent shall also pay the compensation due to me for the harassment,
troubles, physical inconvenience and mental agony arising directly and or
indirectly out of the breach of duty on the part of the respondent. I assesses
such loss and damages at Rs. 4,00,000/- ( Rupees Four lakhs ) only.
20.
That I beg to state that the purported
activities of the respondent established deficiency in services, which is
contrary to the Law.
21.
That I beg to state that I am entitled
to get relief in terms of my prayer in the present proceeding before the
Hon’ble Forum, in the facts and in the Law, in the interest of administration
of justice.
22.
That the facts contained in my
complaint / application under Section 12 of the Consumer Protection Act’ 1986, and
in the Evidence on Affidavit, the contents of which have not been repeated
herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do hereby
solemnly verify that the contents of my above affidavit are true and correct to
my knowledge, and no part of it is false and nothing material has been
concealed therein.
Verified this
………….the day of …………….2015, at the Alipore, South 24-Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my
Chamber,
Advocate.
Dated :………………….…..……2015.
Place : Alipore,
South 24-Parganas.
NOTARY
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