MINTU DAS Vs. WBSEDCL

JUDGEMENT

(1.) THIS appeal has been directed against the judgment passed by the learned District Forum, Uttar Dinajpur at Raijung, on 2.3.2010 in the case No.02/2009 wherein the Ld. Forum below was pleased to dismiss the complaint on contest against the OP -1 and OP -2. The Forum has directed the Complainant to pay a cost of Rs.5,000 to the OP -2 within a period of 30 days from the date of the judgment, failing which the OP -2 would be at liberty to put the decree into execution through the Forum below.

(2.) BEING aggrieved by the abovementioned order the Appellant -Complainant has preferred the present appeal before this Commission contending the same facts as stated by him in the petition of complaint before the Forum below. In the grounds of memorandum of appeal the Appellant has stated that the Trial Forum has failed to appreciate that the Respondent No.1 has suppressed material facts while approaching before the Ld. Forum and this Appellant has never been directed by the Respondent No.1 to supply local items for the execution of service connection to the business premises of the Appellant. It has been further stated by the Appellant that the Forum below has erred in directing him to pay a sum of Rs.5,000 as cost to the Respondent No.2. According to the Appellant the judgment passed by the Forum below is erroneous, illegal and liable to be set aside and the Appellant has prayed for allowing the present appeal.

(3.) THE brief facts of the case of the Complainant is that the Complainant being an uneducated unemployed youth decided to start a personal business by taking loan from the Bank and accordingly moved to the State Bank of India and obtained loan under KVTC Gram Udyog Rojgar Yojana to the tune of Rs. 3,50,500 for starting business of husking mill. On 9.11.2006 on getting assurance of loan he submitted an application on 13.11.2006 for electric connection for his proposed business with the OP -1 and on 7.1.2007 the Complainant received a quotation with a direction to deposit a sum of Rs. 61,889 to the OP -1 and accordingly on 22.3.2007 the Complainant deposited the entire amount with the OP -1 in respect of his service connection. The Complainant purchased all machineries through his loan amount with the hope to start his business within January 2007. But the allegation of the Complainant is that the Electric connection was not provided by the OP -1 in spite of his several requests for early connection, so he could not start his business only because of non -providing of electric connection. No response was received from the end of the OP -1. After prolong persuasion and requests the OP -1 at least provided electric connection to the business premises of the Complainant on 4.1.2008. But between this period the Complainant had suffered huge damage due to non -starting of his unit and such damage has been occurred due to non -providing of electric connection to the said premises. Not only that, the Bank - the OP -2 has also served notice for re -payment of instalments but due to non -production or non -functioning of the Mill the Appellant -Complainant was not in a position to repay the instalments to the OP -2 towards bank loan. Thereafter, finding no other alternative the Complainant filed the complaint before the Ld. Forum below praying for direction upon the OP -1 to pay a sum of Rs. 3,50,550 towards damage and to the tune of 1,00,000 towards compensation to him.