District : South 24
Parganas.
Before the Hon’ble
District Consumer Disputes Redressal Forum, at Alipore, South 24 Parganas.
Complaint
Case no. _______ of 2013.
In
the matter of :
An
application under Section 12 of the Consumer Protection Act’ 1986, and rules
made there under;
A
N D
In
the matter of :
Madar
Molla, Son of Late Belat Molla, residing at Village – Khargachi ( Uttar para ),
Post Office – B. Gobindapur, Police Station - Bhangore, District – South 24
Parganas.
__________Applicant /
Petitioner.
-
Versus –
1.
The Station Manager, Bhangore Group
Electric Supply, West Bengal Electricity Distribution Company Limited,
Bhangore, Pin – 743502, District - South 24 Parganas.
2.
Shri S.K. Sen, DM ( Behala) & RGRO,
Office of the Regional Manager, 24 Parganas South, Administrative Building,
Baruipur, 33KV Sub Station Complex, Padmapukur, Baruipur, Pin – 743302,
District – South 24 Parganas.
_____Respondents / Opposite Parties.
The
humble petition of the above named applicant / petitioner Madar Molla, most respectfully;
Sheweth as under :
1. That
the Petitioner / applicant, is a peace loving and law abiding citizen of this
Country, residing at the address as given in the cause title of the instant
application under Section 12 of the Consumer Protection Act’ 1986, and rules
made there under.
2. That
the Opposite Parties / Respondents are the concern authority of the West Bengal
Electricity Distribution Company Limited, which provides electricity to the
consumers for the Domestic purposes and
others, in the state of West Bengal.
3. 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 .
“A” { Copy of application under form
Annexure – A, being Application Sl. No. BGS / 1483, dated 18-02-2009, and the
money receipts, are enclosing herewith, collectively, and marked as Annexure –
“A” }
4. 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.
“B” { Copy of Quotation being no. BGS/4/2044,
dated 11-06-2009, in reference to the application no. BGS / 1483, dated 18-02-2009,
is enclosing herewith and marked as Annexure – “B” }
5. 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.
“C” { Copy of Money receipt, as paid by
the petitioner, against the quotation is enclosing herewith, and marked as
Annexure – “C” }
6. 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.
7. 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.
8. 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.
“D” { Copy of the said representation
dated 11-08-2009, made by your petitioner, is enclosing herewith and marked as
Annexure – “D” }
9. 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.
“E” { Copy of the Notices being Ref.:
Legal / AP / 1998, dated 3rd day of October’ 2013, Postal receipts,
and A/D Card returned, and Consignment tracking reports, are enclosing
herewith, collectively, and marked as Annexure – “E” }
10.
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.
11.
That your petitioner states that your
petitioner has been victimized by the acts and omissions as appeared in facts
and in circumstances, by the respondents / opposite parties, and suffering with
irreparable loss and injury.
12.
That your petitioner states that the
electricity is an essential services for any human being in our civilized
society, though your petitioner has been deprived by the respondents / opposite
parties, on receiving their requisite fees / payments, as asked for by them
from your petitioner.
13.
That your petitioner states that such an
acts and omissions of the respondents as not to provide and or give electricity
at the premises of your petitioner, on and after the receipts of payments for
such purposes in accordance with the prescribed law, as guided by them, time to
time, to your petitioner, is clearly established the cause of deficiency in
services, and more particularly established unfair trade practices, of the
respondents, and others.
14.
That your petitioner have had suffer a lot
in terms of health and mind, and also monetarily losses , during the
period of such in actions as not giving electric
connection to your petitioner, by the respondents / opposite parties, and still
suffering in such terms.
15.
That the Petitioner state and submits that
the Petitioner solely seeks to get the electric connection at his premises, at
Village – Kasdia, Post Office – Bodra, Police Station – Bhangore, District –
South 24 Parganas, for domestic purposes and uses only.
16.
That the petitioner state and submits that
the petitioner is a victim of the purported acts and deficiency in
services at the instances of the
opposite parties and the acts of the opposite parties as well as the facts are
well constitute the deficiency in services on the part of the opposite parties.
17.
That the petitioner state and submits that
the respondents shall also pay the compensation due to the complainant
petitioner for the harassment, troubles, physical inconvenience and mental
agony arising directly out of their such inaction and breach of duty on the
part of the respondents / opposite parties. The complainant / petitioner,
assesses such loss and damages at Rs. 4,00,000/- ( Rupees Four lakhs ) only.
18.
That the Petitioner states and submits that
the purported activities of the respondents established deficiency in services,
which is contrary to the Law.
19.
That the applicant / Petitioner States and
submits that from all of the statements made above, it is clear that the
opposite parties are guilty of deficiency in service as meant in the Consumer
Protection Act’ 1986.
20.
That the Cause of action for the present
proceeding arose as on 23-07-2009, while the respondents taken money from your
petitioner as to install electricity connection to your petitioner, though they
did not provide such electric connection to your petitioner, and thereafter
adverse dates and lastly on 24-10-2013, while the respondents received the
notices issued by the Learned Advocate of your petitioner, though they did not
even heed to answer such notices and did not install any electric connection at
the premises of your petitioner, and the same is continuing till date, and the
respondents / opposite parties are having offices as given in the cause title
of this application, which is within the jurisdiction of the Hon’ble Forum.
21.
That the instant application / Petition, is
within the jurisdiction of this Hon’ble District Consumer Disputes Redressal
Forum, Alipore, South 24 Parganas.
22.
That the present complaint is being filed
within the period as prescribed under section 24 A, of the Consumer Protection
Act.
23.
That your Petitioner crave leave to produce
the relevant documents and / or papers at the time of hearing, of the case
matter before the Hon’ble Forum.
24.
That the present complaint being made
bona-fide and in the interest of administration of justice.
25.
The Petitioner therefore prayed for :
Under
the above facts and circumstances, It is prayed that your Honour would be
graciously pleased to grant the following prayers / relief :-
a)
To direct the opposite parties / respondents
to install electricity connection at the premises of your petitioner, at Village –
Khargachi ( Uttar Para ), Post Office – B. Gobindapur, Police Station –
Bhangore, District – South 24 Parganas ;
b)
To direct the opposite parties to pay
compensation, as for the harassment, troubles, loss of money, physical
inconvenience and mental agony, suffered by the petitioner from the purported
activities and others by the opposite parties as assessed as Rs. 4,00,000/- (
Rupees Four Lakhs ) only to your petitioner;
c)
To
grant the cost of the proceedings ;
d)
To
grant any other relief to the applicant / petitioner as found out by your
Honour, in the facts and circumstances of the Complaint.
And
to pass such other necessary order or orders as your Honour , may deem fit and
proper for the ends of justice.
And
for this act of kindness, the Petitioner, as in duty bound shall ever pray.
Verification
I,
Madar Molla, being the Petitioner,
herein, do hereby declare that the forgoing paragraphs no________to ________are
true to the best of my knowledge and rest prayers portions are my humble
submission before the Hon’ble Forum and I duly sign and verify this Plaint on
_____________2013.
Madar Molla
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
: ____________2013.
Place
: Kolkata.
District
: South 24 Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum, at Alipore, South 24
Parganas.
Complaint Case
no………..…of 2013.
In
the matter of :-
Madar
Molla,
……..Applicant / Petitioner.
-
Versus
–
The
Station Managaer, Bhangore Group Electric Supply, WBEDCL, and others,
………Respondents / Opposite Parties.
AFFIDAVIT
Affidavit of Madar Molla, Son of Late Belat Molla,
aged about _______ years, by faith Muslim, by Occupation -
______________residing at Village – Khargachi ( uttar para ),
Police Station – Bhangore, District – South 24 Parganas.
I, the above deponent do
hereby solemnly affirm and declare as under :-
1 : That I am being 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 the facts
contained in my accompanying complaint / application, 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 …………….2013, at Alipore, South 24 Parganas.
DEPONENT
Identified by
me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :……………….……2013.
Place : Alipore Judges’
Court.. N O
T A R Y
VAKALATNAMA
District : South 24-Parganas.
Before
the Hon’ble District Consumer Disputes Redressal Forum at Alipore, Kolkata – 700 027.
C.C. no. _____________ of 2013.
Madar Molla. ___________Applicant / Petitioner.
- Versus –
The Station Manager, Bhangore Group Electric Supply, and others. ______Opposite Parties / Respondents.
KNOW ALL MEN by these presents that I / We Madar
Molla, Son of Late Belat Molla, residing at Village – Khargachi ( uttar para ),
Police station – Bhangore, District – South 24 Parganas,
do hereby constitute
and appoint the under mentioned Advocate, Pleader, Vakils, jointly and each of
them severally to be pleader of take such steps and proceedings as may be
necessary on my / our behalf and for that purpose to make sign, verify and
present all necessary petitions, plaints, written statements and other
documents and do nominate and appoint or retain senior counsels, vakil,
advocates and other persons, lodge and deposits moneys and documents and other
papers in the Ld. Court and the same again withdraw and to take out of Court
and to obtain or grant as the case may be effectual receipts and discharge for
the same and for all moneys which may be payable to me / us in the premises. To
enter into compromise with my / our approval and withdraw, all moneys from the
court AND GENERALLY to act in the
premises and proceedings arising there out whether by way of execution, review,
appeal, or otherwise or in any manner contested there with as effectually and
to all intents and purpose as I / We could act if personally present and such
substitution and as pleasure to revoke I / We hereby ratifying and agreeing to
confirm whatever may be lawfully done by virtue hereof.
In witness whereof this Vakalatnama has been executed by me /
us.
This the …………………day of ………………2013.
Sri Manoj Halder, Advocate. Sri Saheb Halder, Advocate. Sri Rabindranath Das, Advocate. Sri Ashok Kumar Singh, Advocate. Miss. Jahira Begum, Advocate. Miss. Priyanka Halder, Advocate.
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