LAWS(NCD)-2004-2-205

WBSEB Vs. KIRAN KUMAR ROY

Decided On February 13, 2004
WBSEB Appellant
V/S
KIRAN KUMAR ROY Respondents

JUDGEMENT

(1.) This is an appeal arising against the judgment passed by the District Forum, Coochbehar dated 28.11.2000. The case of the complainants in brief is stated below.

(2.) The complainants are agricultural workers. Once, the O. P. /wbseb initiated a scheme for supplying electricity for running shallow Tube Wells to supply water in the agricultural land for irrigation. In pursuance of the said scheme, the complainants jointly applied for installation and service connection of the electricity on depositing the required amount to the O. P. After receiving the application of the complainants the O. P. made proper query and prepared sketch. Thereafter, observing all the formalities, the O. P. advised the complainants to deposit money. On 21.8.1991 the complainants deposited Rs.1,000/- each for installation and service connection as per the said scheme. Instead of starting the work for installation, the O. P. informed the complainants on 18.5.1992 that the service connection charge per S. T. W. has been enhanced from Rs.1,050/- to Rs.4,000/- and as per the revised rate, they have to deposit an additional amount of Rs.3,000/- each for the said installation work. Instead of depositing the said additional amount of Rs.3,000/- each of them made correspondence on 16.12.1999 with the O. P. intimating it that as they have deposited the money before 31.12.1991 they are now not bound to pay the said additional amount of Rs.3,000/-. The complainants requested the O. P. to start the installation works as per the said scheme, but the O. P. neither took any step for installation nor gave any reply to the complainants. On 5.10.1994 the complainants made another correspondence with the O. P. requesting either to start the work or to refund the deposited money to them. But the O. P. remained silent without paying any heed to their requests. Ultimately the complainants filed the case before the Forum claiming refund of the entire deposited amount of Rs.6,000/- (in total for six persons) with 18% interest on the said amount from the date of deposit i. e. , from 21.8.1991 with an amount of Rs.6,000/- more for harassment, Rs.600/- for deficiency in service, Rs.6,000/- for mental agony and Rs.1,000/- as cost.

(3.) In its judgment the Forum directed the O. P. to refund the amount of Rs.6,000/- together with 18% interest from the date of deposit of the said amount i. e. , from 21.8.2001 till payment. It was further directed to pay a sum of Rs.6,000/- for harassment, Rs.6,000/- for deficiency in service, Rs 6,000/- for mental agony and Rs.1,000/- by way of cost. The O. P. was directed to pay the decreed amount within one month from the date of the order.