P.K.CHATTOPADHYAY,MEMBER - (1.) 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.
(2.) 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.
(3.) 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.;