EXECUTIVE ENGINEER Vs. DULICHAND DEWANGAN

JUDGEMENT

(1.) THIS appeal is directed against order dated 29.09.10, passed by District Consumer Disputes Redressal Forum, Raigarh (hereinafter called District Forum for short) in complaint case No.40/10, whereby the complaint of the respondent / OP has been allowed and the appellant supply Company has been directed to provide permanent connection to the respondent within a period of one month. Cost of litigation of Rs.2,000/ - has also been directed to be paid to the complainant.

(2.) IT is not in dispute that the complainant is a member of Cooperative Housing Society namely Kelo Vihar Government Employees Housing Society and he was allotted a plot of 2400 sq.ft. He constructed a house over that plot and moved application for providing permanent electric connection for that house. The appellant Company demanded strengthening charges. The complainant deposited Rs.10,569/ - against the demand of strengthening charges in the Office of Kelo Vihar Housing Society and obtained its receipt. Thereafter he also deposited two stamp papers valuing Rs.50/ - each, on 09.09.08 for the purpose of agreement, to be executed on those stamp papers between the Electricity Supply Company and the respondent. But even then the appellant Company had not provided permanent connection to his house and supplying electricity through temporary connection for three months every time to him and so he was required to pay electricity charges at a higher tariff. He filed complaint before District Forum alleging deficiency in service on the part of the appellant Company, who failed to provide permanent connection even after deposit of necessary strengthening charges and without any demand of further amount from the complainant.

(3.) IN reply of that complaint of the respondent, it has been averred by the appellant Company that on 11.12.06, a notice was issued to the Kelo Vihar Housing Society for depositing remaining amount of strengthening charges. The complainant has deposited the amount of strengthening charges much late on 05.09.08, whereas the estimate for providing electricity supply to the Kelo Vihar Housing Society was prepared in the year 2002 and it was found that eight transformers of 200 KVA each would be required for supply to the whole colony. Some transformers were installed and out of them, few transformers have stopped working. The Society also agreed for installation of four more transformers within a period of two years, but thereafter it failed to comply with the provisions of C.G. State Electricity Supply Code, 2005 and thus the complainant could not get a permanent connection on account of failure on the part of the Society, of which the complainant is a member. It has also been averred that a complaint was also filed by the Society before Electricity Consumer Grievances Redressal Forum, Bilaspur, which was decided on 31.01.07 and the order of that Forum was binding upon all the parties and so the present complaint is not maintainable.