WEST BENGAL STATE ELECTRICITY BAORD Vs. ARCHANA CHAKRABORTY

JUDGEMENT

(1.) The Order dated 14.6.94 passed in District Forum Case No.3 of 1994 by the learned District Forum, South 24-Parganas, Alipore awarding compensation of Rs.5,000/- to the complainant /respondent has been assailed in this appeal by the Appellant/w. B. S. E. B.

(2.) The Appellant/w. B. S. E. B. has challenged the order of the ground that the trial forum failed to appreciate mat the complaint of the Consumer/respondent and that it was without any basis and did not warrant any intervention in the matter by the Forum in any manner whatsoever and that the learned Forum failed to appreciate that the service line including the poles belongs the Appellant/w. B. S. E. B. , although the value of the poles and other service charges were paid by the consumer/respondent inasmuch as that the consumer / respondent accepted the condition of the quotation where the Clause 4 (11) categorically states that the service line remains the property of the Appellant/w. B. S. E. B. and that the Forum below did not apply its mind to the fact that all applications subject to approval of the Appellant/wbseb before entitlement to new connection from this service station of the locality and/or any person irrespective of any objection and obstruction for which nobody could claim for compensation and damages and that the trial Forum failed to appreciate that Sec.12 of the Consumer Protection Act cannot be invoked by claiming on hypothetical ground that she might suffer loss and damages if the electric connection is provided to some new applicants and that the trial Forum has acted without jurisdiction and that the impugned order passed by trial Forum is highly prejudicial to the interest of the Appellant/wbseb whereby the revenue of the State and the nation could be mis-appreciated with such bias order. Lastly, the Appellant/wbseb raised a very ridiculous ground that the consumer/respondent did not purchase the poles for the her connection but she bore the cost of 4 poles which were erected on the company passage to give connection at her premises. On the aforesaid ground the Appellant/ WBSEB prayed for setting aside of the order dated 14.6.94 passed by the learned District Forum, South 24-Parganas in D. F. Case No.3 of 1994.

(3.) The contention of the respondent is that the appeal has been filed on 7.9.94 against order dated 14.6.94 and no application for condonation of delay has been filed. Further, the contention of the consumer/respondent is that the cost of all poles and service charges were borne by her as such the properties although belongs to the Appellant/wbseb she has got equitable right to enjoy the service connection alone for her purposes. As per provisions of Sec.54 of the Electricity (Supply) Act, 1948 , it was incumbent upon the Appellant/board that the meter switch gear and other equipments shall unless otherwise agreed to provided and maintained by the Appellant/wbseb at its own cost and in the instant case as the Consumer/respondent was made to bear all the costs for service poles and service charges who claimed equitable right for enjoyment of the said properties by her alone.