District : South 24
Parganas.
Before the Hon’ble
District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.
Complaint
Case no. 500 of 2013.
In
the matter of :
Madar
Molla, __________Applicant
/ Petitioner.
-
Versus –
The
Station Manager, Bhangore Group Electric Supply, West Bengal Electricity
Distribution Company Limited, and anr.
_____Respondents / Opposite Parties.
Brief Notes Of Argument
On
behalf of the Complainant
1. That
your petitioner had applied for New Electric Connection, to the respondent /
opposite party no.1, vide application under form Annexure – A, being
Application Sl. No. BGS / 1483, dated 18-02-2009, which has been obtained by your petitioner
on paying Rs.10/- ( Rupees Ten ) only,
thereof, and whereas your petitioner
applied for domestic electric services / connection for the expected
electric load of 0.5 KW, and thereby depositing of Rs.200/- ( Rupees Two
hundred ) only, as earnest money as he was asked for by the respondent no.1,
herein, and whereas the respondent / opposite party no.1, have given and
discharge proper money receipts thereof to your petitioner .
2. That
thereafter the respondents officials cause inspection over the premises of your
petitioner, and thereby stating such facts, the respondent / opposite party
no.1, issued one Quotation being no. BGS/4/2044, dated 11-06-2009, in reference
to the application no. BGS / 1483, dated 18-02-2009, to your petitioner, for an
amount of Rs. 835/- ( Rupees Eight Hundred and Thirty Five ) only, describing as
Service Connection Charges as of Rs. 185/- ( Rupees One Hundred and eighty five
)only, and Security Deposit of Rs. 650/- ( Rupees Six Hundred and fifty ) only,
and the said quotation was valid for the period of sixty days from the date of
issue, as stated by the respondent / opposite party no.1, therein.
3. That
your petitioner had paid the requisite amount as was asked for under the
Quotation being no. BGS/4/2044, dated 11-06-2009, as on 23-07-2009, and
thereafter the respondent / opposite party no.1, had
given the proper receipts thereof for such amount and taken signature on
some papers, allegedly called as an Agreement, and the respondent / opposite
party no.1, state such facts on the page
of the said quotation, that the agreement executed on 23-07-2009.
4. That
your petitioner had have complied
therewith all the formalities and payments as was asked for though the
respondent no.1, did not provide and or
give the services of the electric energy at the premises of your petitioner.
5. That
your petitioner visited the office of the respondent / opposite party no.1, on
several occasions, with a request to get electricity connection at the
earliest, and whereas the respondent / opposite party no.1, did assure to
provide such electricity connection at the earliest to your petitioner, though
he did not provide such connection.
6. That
your petitioner had made written representation as on 11-08-2009, addressed to
the respondent / opposite party no.1, herein, which has been duly receipt and
acknowledged by the said respondent, though the respondent / opposite party
no.1, did not heed to act in accordance with the law as to provide electricity
connection to your petitioner, at the premises of your petitioner.
7. That
your petitioner served one Notice, stating interalia the facts of your
petitioner and request made therein as to complied in accordance with the law
i.e. as to provide electricity connection to your petitioner at the earliest,
through his Learned Advocate Rabindra Nath Das, vide Ref.: Legal / AP / 1998,
dated 3rd day of October’ 2013, upon the respondent / opposite party
no.1, as well as supplied copy to the respondent / opposite party no.2, who is
the head of the consumer grievance cell for such region of the district south
24 parganas, through Speed Post with A/D, and the said notice has been duly
received and acknowledged by them, as appeared from the A/D, card returned to your petitioner, and as it appears from
the Consignment tracking report obtain from the web site of the India Post.
8. That
your petitioner states that even after the respondents / opposite parties, are
in receipt of the notices of your petitioner, did not heed to answer such
notices to your petitioner, and very vehemently did not provide any electricity
connection to your petitioner, till date of filling of the present proceedings.
9. That
the Respondents appeared in the present proceedings and filed their written
version, contended interalia as the quotation money has not been deposited
within the validity period and thus such quotation elapsed and due performance
of the petitioner failed to get electricity and the money receipt has not been
annexed with the petition thus raised suspicion about payment of such quotation
money, and therefore in view of such contention the petitioner is not entitled
to get electricity.
10.
That the Complainant placed his petition to
treat his petition of complaint as an Evidence on Affidavit in the present
proceedings, which was allowed by the Hon’ble Forum, and thereafter
questionnaire and reply of the parties has been complied with.
11.
That the Respondents filed their Evidence
on Affidavit on the contention as stated earlier in their written version, and thereafter questionnaire and reply of the
parties has been complied with.
12.
That Annexure B of the petition of
complaint shows that one agreement has been made by the respondents with the
petitioner as on 23-07-2009, and the Annexure D shows that on 11-08-2009, it
has been intimated by the petitioner to the respondents, that as he went to
deposit the quotational amount the respondents officials refused to take, and
later no acts and deeds has ever been taken by the respondents to take such
deposit of quotation money from the petitioner, and did not provide electricity
connection at the premises of the petitioner.
13.
That all the acts and deeds of the
respondents are described as deficiency in essential services of electricity
connection to the petitioner.
14.
That the petitioner is entitled to get
relief in terms of his prayer as made in the petition of complaint before the
Hon’ble Forum, on making necessary payments to the respondents.
Through
_______________
Advocate
for the Complainant.
Dated
: 25th day of June’ 2014.
Place
: Alipore Judges’ Court.
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