R B JAGDISH PRASAD AND CO vs ORIENTAL INSURANCE CO LTD

-THIS appeal arises out of judgment and order in D. C. D. R. F. Case No. 119/2005 where the complainant Sri Kshudiram Mandal''s case related to his application for new domestic connection since non-effected, supposedly on account of non-availability of appropriate way leave, not provided by him in spite of initial assurance. The complainant applied for domestic electric connection and was issued with a quotation when the same was deposited with requisite fees/performance of due formalities including assurance of way leave permission. However, the O. Ps.- W. B. S. E. B. did not provide the new connection and hence the complaint seeking issue of direction for providing new connection and for payment of compensation and cost.

THE O. Ps. namely - W. B. S. E. B. filed W. O. contending inter alia that the O. Ps. could not effect service connection as the way leave assured by the complainant was not viable/valid to the extent that the same was objected to by one Sri Niranjan Jana and the complainant practised fraud thereon and also the distance of existing pole was 153 feet from the plot of the complainant with existing transformer being shallow cluster transformer and as per Board''s norms no pole could be sanctioned from shallow cluster transformer. Accordingly the O. P. prayed for dismissal of the complaint. The learned Forum below after hearing both sides passed its judgment and order which is as under : "that the O. P. No. 2, Station Manager, Sabong Gr. Electricity Supply, W. B. S. E. B. , P. O. + P. S. Sabong, Dist : Paschim Medinipur, shall effect domestic service connection the house of the complainant at plot No. 3622 of Mouza Kapasda, P. S. Sabong, Dist. Paschim Medinipur, within 30 (thirty) days from the date of communication of this order". The O. P. No. 1, O. P. No. 3, O. P. No. 4 shall ensure strict compliance. There shall be no order as to cost. . . . ".

Being aggrieved and dissatisfied with the impugned judgment and order in the learned Forum below the O. P. namely W. B. S. E. B. filed this appeal when it stated inter alia that the new connection sought for by the respondent-complainant could not be effected as free way leave was not provided by him, which is a sine qua non for providing new connection as laid down under the provisions of Electricity Act, 2003 and rules thereunder including Regulations as have been issued from time-to-time on part of the W. B. E. R. C. It was also contended that no domestic connection could be given at the given distance from the transformer, a shallow cluster transformer, as per Board''s norms and proposition of the complainant - respondent was technically not viable. The appellant accordingly prayed for setting aside of the impugned judgment and order terming the same as bad in law.

THE respondent entered appearance and filed W. V. along with his WNA instead of making oral argument while the appellant also filed its WNA, instead of making oral argument. For ends of justice LCR was obtained. In its WNA the appellant reiterated its case and stressed on both the points of non-availability of way leave and technical feasibility for its inability to provide new connection.

THE respondent in his WNA stressed on his plight for non-availability of electricity in spite of efforts and prayed for affirmation of the order of the learned Forum below. Discussion: (A) Admittedly, subsequent to application for power connection and deposits made by the respondent as per requisition of the appellant, the same could not be provided by the appellant for want of appropriate way leave. Admittedly again, the respondent continued approaching the appellant for power connection when suggestions were sought for alternative way leave from the respondent by the appellant, which, however, was not provided by the respondent.

(B) Under the provision of Electricity Act, 2003 Section 43 enjoins the duty on the service provider namely the appellant here to provide supply on request, which, however, is circumscribed with conditions of supply and other requirements relating thereto as have been notified from time-to-time by Electricity Code and Notification under the W. B. E. R. C. Such provision very clearly make it fundamental that any application for power connection will unequivocally and clearly suggest right of way/access to meter board and this either being not provided or the same being not feasible for any good reason, the service provider/licensee cannot be held liable. In such regard Notification No. 13 W. B. E. R. C. dated 5. 2. 2004 is referred to where provision 4 outlines the legal position relating to access to consumer''s premises.

(C) Section 43 of Electricity Act, 2003 read with Sections 44, 45, 46, 47 and 48 along with Sections 50 and 53 are relevant in adjudicating the matter where conditions have been laid down and modes and method have been stipulated governing power line connection of the type (complainant) - Respondent had applied for. Provision under Notification No. 22/w. B. E. R. C. dated 28. 9. 2004 are also deemed relevant in such connection read with Sections 57 and 181 of the Electricity Act - where provisions 9b as under: 9b - "for any other complaint not covered above a consumer may invoke grievance redressal procedure. ":

(D) In such view of fact and law we do not find any deficiency whatsoever on part of the appellant on the respondent in this matter and thus the complaint was not maintainable in fact and law. Since, however, the grievance of the respondent was made adequately known to the appellant for a long period without any effective remedy being plausible we are in favour of giving another opportunity to the respondent for redressal of his grievance on delay or otherwise through the Disputes Redressal Forum as established under provision of Section 42 (5) of the Electricity Act towards appropriate remedies, if so pressed.

ORDER The appeal be and is allowed on contest without cost. The impugned judgment and order of the learned Forum below is set aside. The respondent is given liberty to seek redress to the Disputes Redressal Forum under provision of Section 42 (5) of the Electricity Act, 2003 for appropriate remedies. LCR be sent down to the Forum below along with a copy of this judgment forthwith. Appeal allowed.