DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
BIRBHUM (SURI).
C. F. CASE NO.-CC/20/O/2009.
PETITIONER =Vs. = O.Ps
Naboza Begum, W/o Lt. Md. Maher Ali, 1) WBSEDCL, Rep. by Station Manager,
Vill. & P.O. Hatkaluha, Labpur, Dist. Birbhum. Labpur Gr. E/Supply, Dist. Birbhum.
2) WBSEDCL Rep. by A.E.
Ahmadpur, P.S. Sainthia, Dist. Birbhum.
3) Divisional Engineer, WBSEDCL,
Suri Super Market, Suri, Birbhum.
PRESENT :-Shri S.S. Pal ———– President.
:- Miss. B. Koley ———–Member
:- Shri S. Sikder ———–Member
J U D E G M E N T
Dt. 31.12.2009
The complainant Nabiza Begam has approached the Forum along with a petition U/s 12 of the C.P. Act, contending inter alia that she is a consumer under the O.P/WBSEDCL Labpur Gr. E/Supply, Dist. Birbhum, having service Connection No. S 022677 in respect of a submersible pump. On the basis of Hon’ble Court’s order dated 15.12.1999, the Asst. Engineer, Ahamedpur, WBSEDCL, Birbhum sent a quotation for installation of transformer by estimating cost of Rs. 88627/- under Memo No. AMP/SD/Estimate/T-15/1583 dtd. 8.3.2000. Accordingly on 9.5.2000 the complainant deposited the said amount but the authority concerned did not install the transformer upon the plot No. 1496 and 1487 of mouza Hatkaluha, P.S. Labpur, Birbhum. On the contrary, the O.P installed the same upon another Plot. Though the complainant informed the matter to the O.P but the O.P did not pay any heed. Further case is that the other party in collusion with the authority concerned consumed electricity and paid the amount of the bill, but the complainant is not getting the bill. The complainant for such unlawful acts of the O.P / WBSEDCL has been suffering heavy financial loss since 09.05.2000. Finding no other alternative way, the complainant has filed this case with a prayer for direction upon the O.P so that the submersible pump be installed in the proper place, according Hon’ble Court’s order along with other relief.
O.Ps have been contesting the case by filing W/V, wherein they have denied all material allegations contained in the complaint. Positive case of the O.Ps is that electric connection has already been effected in the name of the complainant and that too electric bills have already been raised in the name of the petitioner, who has also paid the amount of the bill timely. The
Conted../2
-:: (2) ::-
complainant however applied for change of tenancy in the name of one Md. Chand Ali, who was described as dead person, and for this reason, a question cropped up as to how change of tenancy would be effected. That apart, the petitioner has already transferred plot No. 1382 to Chand Ali on 01.11.2000. With all this, the O.Ps have prayed for dismissal of the case.
Decision with reasons
The complainant, in support of her case, has submitted an order dt. 15.12.1999 in connection with W.P No. 22349/99 (Ast. 4358 of 1999) wherefrom it is seen that the petitioner shall apply afresh for grant of water availability certificate before the Sr. Geologist within a period of three weeks from the date here of , who upon receipt of the same shall consider the same in accordance with law and in terms of observation made by this Court in W.P. 15446 (W) of 1998 within a period of six months from the date of receipt of such application and in the event such water availability certificate is granted in favour of the petitioner, the WBSEB shall effect supply of electricity to the petitioner within a period of six weeks from the date of compliance of all formalities including the provision of the said water availability certificate.
In the instant case the moot question which is posed for consideration is whether the transformer of the submersible pump would be installed at plot No. 1496 and 1487 under Mouza Hatkalua, Labpur, Dist. Birbhum or not.
The petitioner by filing the instant case has prayed for getting direction upon the O.P / WBSEDCL that the submersible pump be set up in the proper place as per Hon’ble Court’s order. Nowhere from the order of Hon’ble Court it would be seen that the transformer would be installed in plot No. 1496 and 1487 above. The petitioner, however, by submitting a xerox copy of the page of cause title of W.P. No. 22349(W) of 1999 has tried to impress upon the mind of the Forum that the Hon’ble Court has ordered for installation of submersible pump set in plot No. 1496 and 1487 above. No specific order what so ever in this regard has been produced before this Forum by the complainant. Mere filing of the page of cause title mentioned above cannot help the complainant for getting her desired result. Be that as it may, the petitioner has filed a xerox copy of an agreement dt. 20.7.2000 wherefrom it is seen that as if one Md. Chand Ali transferred one katha of land in plot No. 1382 in favour of the complainant Naboza Begam, who after fulfillment of certain conditions would transfer the said land in favour of the aforesaid Md. Chand Ali for the purpose of installation of the submersible pump set upon plot No. 1382. It is further seen from the xerox copy of the Kobala dt. 01.11.2000, that the complainant Mossamat Naboza Begam transferred the aforesaid one katha of land in Plot No. 1382 of Hatkaluha Mouza in favour of Md. Chand Ali. Again from the xerox copy of another letter dated 03.09.2003 written by the
Conted../3
-:: (3) ::-
complainant to S.S Labpur , Birbhum it is seen that Naboza Begam had no objection if the submersible pump is installed upon plot No. 1382. The complainant has also filed an affidavit before the Forum to the effect that on 14.01.2007 she disclosed that she had sold the submersible pump to Md. Chand Ali and she has no objection that the electricity connection of the said pump is transferred to Md. Chand Ali. Again from another letter dt. 23.09.2007 written by the complainant addressed to S.S WBSEDCL, Labpur, Dist. Birbhum it is evident that the complainant has requested the Electricity Authority to install submersible pump upon plot No. 1382 and she would have no objection if the electric connection is effected with the submersible pump set installed upon the Plot No. 1382.
Therefore, on close perusal of the above documents it is seen that the complainant Naboza Begam who herself has made agreement with one Md. Chand Ali and she did not have any objection in the matter of installation of the submersible pump set upon Plot No. 1382 which has been transferred in the name of Md. Chand Ali by Naboza Begam. Practically, by filing of those documents the complainant has made a mess of everything and she has not been able to prove any illegal activity made on the part of WBSEDCL Authority. In our view the petitioner has miserably failed to prove her case and for that reason she is not entitled to get any relief whatsoever through this Forum.
Para 6 of the complaint also is not very much plausible because of the fact that though an allegation has been made against the O.P electricity authority to the effect that in collusion with the landlord the whole mater is being done silently but who is other landlord has not been specifically mentioned in the petition of complaint. In course of his argument, the Ld. Lawyer of the petitioner has also not been able to speak as to what the petitioner actually wants.
Therefore, in the light of above discussion as we do not find any illegal activities made on the part of the O.P WBSEDCL. The instant case is liable to be dismissed. In the result the case fails.
Proper fees have been paid.
Hence
ORDERED
that the case being No. CC/20/O/2009 be and the same is hereby dismissed on contest without any order as to cost.
Copies of order be supplied to both the parties free of cost.
(S. Sikder— Member) (B. Koley — Member) (S.S. Pal — President)