DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. __449_ _ OF ___2014
DATE OF FILING :_15.9.2014 DATE OF PASSING JUDGMENT: 9.01.2019
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Asis Halder, son of Dhulapada Halder of 100B, Raja S.C Mallick Road, P.S Netaji Nagar, Kolkata- 47.
O.P/O.Ps : 1. District Engineer, CESC ltd. 6, Mandeville Gardens, Kolkata- 19.
2. Sri Animesh Mukherjee, 100B, Raja S.C Mallick Road, P.S Netaji Nagar, Kolkata- 47.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
Habit of procrastination in the matter of giving new electric connection to the residence of the complainant has galvanized the complainant to file the instant case under section 12, C.P Act, 1986 , alleging deficiency in service against the O.Ps .
The facts leading to the filing of the instant case may be epitomized as follows.
The complainant has been living as a lawful occupier /tenant in premises no.100B, Raja S.C Mallick Road, Kolkata – 47 . On 11.6.2014 he applied before the O.P-1 for a new electric connection to his residence and also deposited the quotation money as per quotation of O.P-1. But since then, many a water has flown down the Ganges, but house of the complainant has not seen the electric connection as yet. Persuasions and persuasions have also ended in smoke. So, ultimately the complainant has filed the instant case ,praying for passing a direction upon the O.Ps to give a new electric connection to his house and also for compensation and cost of litigation. Hence, the case.
Written statement has been filed by the O.P-1 ,wherein it is contended inter alia that they are always ready and willing to give new electric connection to the house of the complainant ,but they could not provide such a connection to his house due to objection raised by the O.P-2 i.e the owner of the said premises.
O.P-2 , the owner of the premises, has also filed the written objection wherein it is contended inter alia that the complainant is neither lawful occupier nor a tenant in the subject premises under him and as such he is not entitled to electric connection , as prayed for.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant ?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Evidence on affidavit is filed on behalf both the parties.. Questionnaires, replies and BNAs filed by the parties are also kept in the record after consideration.
DECISION WITH REASONS
Point no.1 & 2 :
Already heard the submissions of Ld. Lawyers ,appearing for the parties. Perused the petition of complaint, written statement and also the materials on record. Considered all these.
It is the case of the complainant that he is the lawful occupier of the premises bearing no. 100B, Raja S.C Mallick Road, Kolkata – 47 and that O.P-1 has not been giving the new electric connection to his residence inspite of requisite money being deposited with him.
In the face of such allegation, the complainant will have to prove that he is a lawful occupier of the said premises. On perusal of the materials on record, it is found that the complainant himself does not know whether he is tenant in the said premises of the house or a lawful occupier therein. Once, this complainant raised a grievance to the effect that he was a lawful tenant in the said premises and, therefore, he filed a rent case being ARC case no. 1991/21/12, before the Additional Rent Controller, Alipore and also wanted to deposit the rent in that case. His prayer was dismissed by the said Rent Controller. The case was ultimately dismissed on contest by the aforesaid Rent Controller. So, it is found now, that the grievance of the complainant being a tenant has been turned down by the Rent Controller and the complainant has not moved forward against that order of the Rent Controller by filing any appeal before the appropriate Forum. When the complainant’s claim of being a tenant has been turned down, the complainant has come forward with another claim of being a lawful occupier in the said premises. Before getting an electric connection, the complainant will have to prove his right, title and interest and possession over the case premises. A trespasser cannot claim to have any electric connection to his premises. Such question regarding right, title , interest and possession of the complainant cannot be looked into by this Forum and it can be looked into by a competent court of law. The complainant has not filed any document to prove that he is a lawful occupier in the case premises and this being so, it prima facie appears to us that the complainant is not entitled to get electric connection to his residence as he has failed to prove his lawful status.
Furthermore, one inspection was conducted in the case premises and Ld. Lawyer Commissioner ,Madan Mohan Das, has filed his inspection report before the Forum on 5.9.2018. He conducted the inspection in presence of both parties and his inspection report has not also been disputed by any of the parties. In his inspection report, it has been pointed out that the complainant does not reside in premises bearing no. 100B, Raja S.C Mallick Road, Kolkata – 47 and that he resides in premises no. 100C, Raja S.C Mallick Road, Kolkata – 47. It is also mentioned in the report of Ld. Advocate Commissioner that the two premises are a bit distance away from each other . Taking all these materials into consideration, we are inclined to say that the complainant has prima facie failed to establish that he is a lawful occupier in premises bearing no. 100B, Raja S.C Mallick Road, Kolkata – 47 and that is why he is deemed tobe not entitled to the electric connection as prayed for by him.
Consequently, we cannot say that the O.Ps have caused deficiency in service as alleged by the complainant.
In the result, the case fails .
Hence,
ORDERED
That the complaint case be and the same is dismissed on contest against the O.Ps, but without any cost.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member
Dictated and corrected by me
President
