W B S E B Vs. LAKSHMI KANTA JANA
WEST BENGAL STATE CONSUMER DISPUTE REDRESSAL COMMISSION
W B S E B
Lakshmi Kanta Jana
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(1.) THE Appeal is directed against the order dated 28.3.2006 passed by the District Forum, Pashchim Midnapore in MDF case No. 121 of 2004. The learned Forum directed the O.P. No. 1, Station Manager, Narayangarh Group Electric Supply, to effect STW connection to the Mini Deep Tubewel of the Complainant in terms of his complaint petition within 15 days from the date of production of SWID permission by the Complainant. There was no order towards cost or compensation.
(2.) BEING aggrieved by the aforesaid order the Appellant has filed the instant appeal on the grounds that the learned Forum below failed to appreciate that STW connection cannot be given on the prayer of the Complainant/Respondent in the absence of a distribution network. In order to effect such a connection more than one K.M. high tension line has to be drawn apart from other huge expenses for installation of a new transformer. Under the present law the consumer will have to pay all expenditure and costs of the plant and machinery, etc. The learned Forum passed the order in question without applying its judicial mind and without understanding the present position of law.
(3.) THE case in brief was that the Complainant applied for Electric Connection to his Minideep Tubewel at plot No. 1083, Gopi Nath Pur, Narayanagarh in the Distt. of Paschim Midnapore. O.P. No. 1 issued quotation to the Complainant who deposited Rs. 1,000 towards service connection charges and security money on 12.11.1986 on proper receipts. The O.Ps. did not effect the said STW connection to his Mini Deep Tubewel on the grounds that such connection would be given effect to after completion RE construction. Being frustrated he took shelter before the Forum below with certain prayers. The O.Ps. contested the case by filing written version contending inter alia that the connection in question could not be given effect to as, there was no electric line within 1.5 km area from the point where the Complainant wanted to get STW connection to his Mini Deep Tubewel.
Brief notes of arguments were filed by both the parties in its written argument. The Appellant has further stated that the Forum had no power to direct the Board to provide electric connection to his S.T.W. which is situated at a place where there exists no transmission network within a few KM from the connecting point. Moreover, to lift underground water, permission has to be taken from the SWID. As per regulation framed by the Board, Petitioner was to pay costs of transformer, HT line, etc. But in the instant case the Complainant did not pay any such amount and moreover, the quotation was not collected from the Board in spite of specific requests.;
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