WBSEB Vs. KAZI ABDUL HALIM

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by the District Forum, Birbhum, on 11.6.2004, in the case No. BIR/5/O/2003 wherein the Forum below has allowed the case ex parte and directed the O.P. -WBSEB to give electric connection to the shallow tubewell of the complainant situated at plot No. 1602 of Mouzza Jattra, within 45 days from the date of the order. The O.P. was further directed to pay an amount of Rs. 300/ - by way of compensation to the complainant within 45 days from the date of the order.

(2.) THE brief facts of the case of the complainant before the Forum were that being an agriculturist and the owner of the land he deposited an amount of Rs. 1,050/ - in response to the quotation sent by the OP -WBSEB in favour of the S/S/Dubrajpur Group Electricity to get electric connection in his STW to irrigate his agricultural land. But such electric connection has not been given to the complainant though the O.P. assured him time and again to give such electric connection. More than 10/11 years had elapsed since then but there was no response in the matter from the O.P. and this resulted huge monetary loss. The complainant issued last reminder to the O.P. to give such connection on 30.4.2002 but to no effect. Thereafter he filed the case before the Forum praying for direction upon the O.P. to provide him electric connection in his STW.

(3.) BEING dissatisfied with the above mentioned order the appellant -WBSEB has preferred the present appeal before this Commission. The learnhed Counsel for the appellant submits that under a special scheme called REC the present respondent was allowed to make an application for connection. But the said REC scheme, under which such connection was to be given to the respondent, to be implemented through Panchayat is defunct and no fund assistance from WBIDFC scheme was received and as such STW connection could not be given to him. It is further stated by the appellant that thereafter the scheme was abandoned by the Government of West Bengal. The appellant has stated that since the scheme was abandoned by the Government and Panchayat, the Board cannot be blamed for deficiency in service. The respondent paid the amount in the year 1991 which was a nominal amount for registration of name and he was liable to pay the other expenditures also. According to the appellant the judgment passed by the Forum below is erroneous, unjust and liable to be set aside.