Brief Notes of Argument on behalf of the Consumer Complainant in Consumer Case

 

District : 24-Parganas South.

BEFORE THE HON”BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT ALIPORE, SOUTH 24-PARGANAS.

 

                                                          Complaint Case no. 517 of 2013.

                                                         

In the matter of :-

Abdul Alil Molya @ Alil Molla,

                                                                   ……..Applicant / Petitioner.

 

-          Versus –

 

The Station Manager, WBSEDCL,

………Respondent / Opposite Party.

 

 

Brief Notes of Argument on behalf of Complainant

 

1.   That the petitioner applied for new Electric connection as on 03-12-2010, and getting such electric connection as on 22-10-2013, on and after expiry of two years 10 months more or less, and whereas the such purported in action of the respondents / opposite parties kept your petitioner in dark and thereby your petitioner’s suffering a lot in different aspects only due to such reasons of non availability of electricity alone.

 

2.   That as per provisions of Section 43 of the Indian Electricity Act’ 2003, if the Electricity is not provided to your petitioner within a period of one month, then the respondent should penalize monetarily as of Rs. 1,000/- ( Rupees One Thousand ) only for per defaulting day till the installation of such electricity at the premises of your petitioner.

 

3.   That in the present case of your petitioner, applied for electricity as on 03-12-2010, and whereas the electricity has been installed and connected by the respondents / opposite parties at the premises of your petitioner as on 22-10-2013, and thus on the expiry of 1048 days, and whereby leaving thirty days its become 1018 days, your petitioner lived in dark, and the respondents / opposite parties failed, neglect and refused to act in accordance with the prescribed Law for the time being in force ( i.e. Indian Electricity Act 2003 ), and thus the Respondents / opposite parties should penalize in terms of Section 43 (3) of the Indian electricity Act 2003, as of Rs. 1,000/- ( Rupees One Thousand ) only, for per defaulting day till the date of such connection and that comes as of Rs. 10,18,000/- ( Rupees Ten Lakhs and Eighteen Thousand ) only.

 

4.   That the respondent shall also pay the compensation due to the complainant petitioner 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. The complainant assesses such loss and damages at Rs. 5,00,000/- ( Rupees Five lakhs ) only.

 

5.   That the Respondent appeared and contested the present case matter by filling Written Version and others steps, but the respondent did not file a single piece of paper with Written Version and with reply on the question put forward by the complainant on the respondent’s Evidence on Affidavit.

 

6.   That the Respondent admitted the facts contended by the Complainant.

 

7.   That the Respondent contended that the delay in providing electric connection was not due to any latches of the respondent but failed to substantiate such purported version with any evidentiary value documents and or papers, whatsoever.

 

8.   That the denial about delay in providing electric connection to the petitioner has not been ever described in any believable manner by the respondent and thus not acceptable in the eye of law.

 

9.   That all the contents of the Petitioner has been substantiated with Documents and or Papers, but the Respondent failed to produce any document and or papers in support of it’s version.

 

10.                That in the facts and in the Law, your Petitioner is entitled to get relief as prayed for in his petition of Complaint under Section 12 of the Consumer Protection Act’ 1986.

 

 

 

Through ________________

 

 

Advocate for the Complainant.

Dated : 2^nd day of June’ 2014.