West Bengal

South 24 Parganas

CC/339/2015

Smt. Lakshmi Halder, Widow of Late Kanai Halder. - Complainant(s)

Versus

1. C.E.S.C, C.E.S.C. House. - Opp.Party(s)

Subrata Kr. Chowdhury.

04 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _339_ OF ___2015_

 

DATE OF FILING : 27.7.2015                     DATE OF PASSING JUDGEMENT:  4/10/16

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Sharmi Basu & Subrata Sarker

                                                                             

COMPLAINANT        :    Smt. Lakshmi Halder,w/o late Kanai Halder of 67/10, Majlish Ara Road, P.S. Behala, Kolkata – 41.

 

-VERSUS  -

 

O.P/O.Ps                            :     1.    CESC , CESC House, Chowringhee Square, Kolkata-1.

2.    District Engineer, CESC, South West Regional Office, 18, Taratala , Kolkata.

3.    Ananda Maity,s/o ale Pulin Maity of 57/10, Majlish Ara Road, P.S. Behala, Kolkata – 41.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Udayan Mukhopadhyay, President

This is an application under section 12 of the C.P Act, 1986 filed by the complainant to get new electric connection from O.P-1 in her name and deposited Rs.1550/- to the office of the O.p-1 at Taratala . But inspite of inspection on 20.1.2015 the O.P-3 along with his men and agents resisted them for which O.P CESC is unable to install electric connection. Hence, this case.

It is needless to say that complainant has stated that O.P-3 has filed a suit against the husband of the complainant for eviction before the Ld. 5^th Court of Junior Civil Judge at Alipore being T.S.  no.33 of 1996 . Accordingly she prays for necessary direction upon the O.p-1 to install electric connection and also to direct the O.P-3 not to obstruct or disturb at the time of installation of electricity and other reliefs.

The O.P nos. 1 and 2 filed written objection and has stated that due to resistance of the O.P-3 they are unable to install new meter, wherein they have no deficiency in service . But if the Ld. Forum directs them ,they will give electric connection after observing all formalities by the complainant i.e. arrangement of free access for installation of new meter in the existing meter board and to arrange police personnel at the time of installation of meter for the safety and security of the men and officers of the O.P-1.

The O.P-3 inspite of sending summon did not contest the case. So, the case is running against him in exparte.

Points for decision in this case is whether there is any deficiency in service on the part of the O.ps or not.

                                                            Decision with reasons

Admittedly complainant is a tenant under the O.P-3 and admittedly there was a civil suit for eviction of the complainant before the 5^th Court of Civil Judge at Alipore being T.S no.33 of 1996.

We are aware that inspite of pending litigation the complainant being a tenant or licensee get electric connection in view of the reported decision reported in AIR 2008 Calcutta 47, wherein the Hon’ble Judge of the Hon’ble High Court has observed that in the reported case petitioner occupied the premises as a licensee – cannot be equated as an unlawful occupant or trespasser merely because litigations are pending between the parties. Petitioner is “Occupier” under section 43 as per definition given in Blacks Law Dictionary – entitled to get electricity connection.

Apart from that Article 21 of the Constitution of India clearly gives liberty to the Citizen of India to get electric connection which is an essential commodity and no one in the modern days can survive without electricity. So, the case pending or disposed of before the Civil Court should not play in the mind of any persons , specially O.P nos. 1 and 2 to give new electric connection in the house of the complainant, when he is an occupier.

With that observation we find that when O.P nos. 1 and 2 have taken sufficient attempt to give new connection we find that there is no deficiency in service on the part of the O.P nos. 1 and 2 .But due to resistance of O.P-3 and his men and agents the O.P nos. 1 and 2 failed to give electric connection. So, O.P-3 acted unfair trade practice by resisting the O.P nos. 1 and 2 from their lawful act. So, O.P-3 should be penalized.

Accordingly, it is

                                                            Ordered

That the complaint case is allowed on contest against the O.P nos. 1 and 2 and exparte against O.P-3.

The O.P nos. 1 and 2 are directed to install new electric meter in the existing service meter board  in the schedule premises for giving separate connection to the complainant subject to payment of usual charges as consumed within 30 days from the date of this order.

The O.P-3 is hereby directed to arrange free access in the existing meter board for installation of new meter ,failing which O.P-3 has to pay compensation to the tune of Rs.10,000/- to the complainant for harassment positively within 30 days from the date of this order, and if installation of meter is possible without any hindrance from the part of the O.P-3 and his men and agents or any persons of the said local outsiders, then  O.P-3 need not require to pay any compensation . But O.P-3 has to pay cost of Rs.1000/- to the complainant within 30 days from the date of this order.

The Officer-In-Charge of Behala P.S. is hereby directed to arrange necessary police protection for the safety and security of the officers, men  and employees of the O.P-1 and 2 CESC at the time of installation of new meter in the existing place where old meter board existed at premises no. 67/10, Majlish Ara Road, P.S. Behala, Kolkata – 41.

A copy of this order be handed over to the Police Authority by the CESC O.P nos. 1 and 2 before installation of the new meter positively and in that event Officer-In-Charge of Behala P.S. is directed to extend their cooperation since the electricity is a right of any citizen which is a constitutional right in view of Section 21 of the Constitution of India, failing which complainant is at liberty to execute the order through execution case.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

Member                                                      Member                                                                President

Dictated and corrected by me

                               

                        President

 

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                                               

Ordered

That the complaint case is allowed on contest against the O.P nos. 1 and 2 and exparte against O.P-3.

The O.P nos. 1 and 2 are directed to install new electric meter in the existing service meter board  in the schedule premises for giving separate connection to the complainant subject to payment of usual charges as consumed within 30 days from the date of this order.

The O.P-3 is hereby directed to arrange free access in the existing meter board for installation of new meter ,failing which O.P-3 has to pay compensation to the tune of Rs.10,000/- to the complainant for harassment positively within 30 days from the date of this order, and if installation of meter is possible without any hindrance from the part of the O.P-3 and his men and agents or any persons of the said local outsiders, then  O.P-3 need not require to pay any compensation . But O.P-3 has to pay cost of Rs.1000/- to the complainant within 30 days from the date of this order.

The Officer-In-Charge of Behala P.S. is hereby directed to arrange necessary police protection for the safety and security of the officers, men  and employees of the O.P-1 and 2 CESC at the time of installation of new meter in the existing place where old meter board existed at premises no. 67/10, Majlish Ara Road, P.S. Behala, Kolkata – 41.

A copy of this order be handed over to the Police Authority by the CESC O.P nos. 1 and 2 before installation of the new meter positively and in that event Officer-In-Charge of Behala P.S. is directed to extend their cooperation since the electricity is a right of any citizen which is a constitutional right in view of Section 21 of the Constitution of India, failing which complainant is at liberty to execute the order through execution case.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.Ps through speed post.

Member                                                      Member                                                                President