West Bengal

South 24 Parganas

CC/136/2015

Sri Priya Ranjan Bhattacharjee. - Complainant(s)

Versus

1. Mr. S. Dutta, District Engineer, Southern District, C.E.S.C. Ltd. - Opp.Party(s)

Rabindra Nath Paul.

23 May 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _136   OF ___2015____

 

DATE OF FILING : 20.3.2015     DATE OF PASSING JUDGEMENT:  23.05.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :  Smt.  Sharmi Basu                    

 

COMPLAINANT                  :  Sri Priya Ranjan Bhattacharjee of 120, Santoshpur Avenue, Ground Floor, Back side, P.S. Survey Park, Kolkata – 75.

 

-VERSUS  -

 

O.P/O.Ps                                :     1. Mr. S Dutta, District Engineer, Southern District, CESC Ltd. 6, Mandevilli Gardens,  P.S. Gariahat, Kolkata – 19.

                                                   2.      The Calcutta Electric Supply Corporation Ltd. at CESC House, Chowringhee Square, Kolkata – 1. P.S. Hare Street.

                                                  3.     Smt. Sikha Upadhaya, Daughter of Lt. Kartic Chandra Das, 120, Santoshpur Avenue, 1^st  Floor, Back side, P.S. Survey Park, Kolkata – 75.

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainant is that he is a tenant in respect of premises no.120, Santoshpur Avenue, Ground Floor , Kolkata – 75, P.S. Survey Park  since a pretty long period under the O.P-3. The O.p-3 filed a title suit which was dismissed . After that O.P-3 disconnected the electric line of the complainant, for which complainant applied for new electric connection and deposited MASD Bill of Rs.1550/- to the O.P CESC. When the men of the O.P CESC came for inspection the spot, the O.p-3 protested and put padlock in the meter box for which CESC persons returned back with their team and kept silent for few months. The O.P-1 also issued a notice u/s 163 of the Electricity Act upon the O.P-3 and other meter holders on 12.12.2014 not to create any disturbance to set up the new meter in the name of the complainant, but the O.P-3 did not allow installation of new meter in question . Hence, this case praying for direction upon O.P-1 & O.P-2 for installation of new electric meter in the common meter box and to provide electricity supply at the complainant’s tenanted  room and also to take action in terms of section 163 of the Electricity Act, 2003 and Regulation 2013 and to pay cost and compensation.

            The O.P nos. 1 and 2 filed written version denying all the material allegations contending inter alia that their men and agents went to install new meter in the name of the complainant in the existing meter board at the given address but could not do so due to objection raised by the O.P-3. The case of the O.,Ps is that it is a private dispute between the landlord and tenant and as per West Bengal Electricity Regulatory Commission and as per Regulation no.3.2 “Clearance required for new connection” otherwise this O.Ps are not bound to supply electricity to any premises. O.P nos. 1 and 2 prays for dismissal of the case with cost.

            O.P-3 also filed written version denying all the allegations , contending inter alia that there is no relation of land lord and tenant between the complainant and O.p-3 and the existing meter box in the said premises has no more space to install a new meter and it is automatically proved by the annexure-9 of the complaint. O.P-3 also prays for rejection of the petition of complaint.

Points for Decision

1. Whether the complainant is a “Consumer” or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

Decision with reasons

            After scrutinizing vividly the complaint, written version , evidence filed by all the parties and all the documents brought before this Forum and hearing case of the complainant and O.Ps it is admitted fact that complainant applied to the CESC for new electric connection for residential use. Therefore, it is beyond doubt that complainant is  Intending Consumers of the O.P CESC and O.P CESC is the service provider under section 2(1)(d)(ii) and Section 2(1)(o)  of the C.P Act, 1986 . Thus point no.1 is discussed and the same is in favour of the complainant.

            It is crystal clear that due to unlawful third party objection by the land owners, O.P  at the time of installation of new Electric connection by the O.P CESC, complainant was deprived from electricity. It is beyond doubt that in modern civilization electricity is most essential for having modest leaving style. Moreover, as per the Electricity Act and also as per observation of the Hon’ble  Apex Court all the citizens including the trespasser are also eligible for gating electric connection. Therefore, we are strongly of the opinion that O.P3  being land owner had committed Social wrong by giving strong objection in the matter of installation of electric meter at the residence of the complainant .

            In light of the above discussion we have no hesitation to hold that in the instant case complainant is eligible to have new electric connection provided by the O.P CESC and O.P should not create any objection or hindrance at the time of installation of new electric connection by the CESC at the residence of the complainant ,otherwise, penalty of Rs.10,000/- shall be imposed upon her.

            Thus all the points are discussed and the same are in favour of the complainants. The case of the complainant is succeeded in part.

 

 

 

 

            Hence,

                                                            Ordered

That the case be and the same is allowed without cost on contest against O.Ps.

The O.P nos. 1 and 2 are jointly and/or severally directed to install separate new electric meters and to give electric connection  at the residence of the complainant  within 30 days from the date of this order . If O.P no. 3 try to object the process of installation of new electric meter in question, O.P no. 3   shall pay Rs.10,000/- to the complainant. 

I.C/O.C of the Survey Park P.S. is directed to provide police help to the O.P CESC at the time of installation of new electric meter and electric connection  on the date as informed by the officials of O.P CESC. In this regard I.C/O.C of  Survey Park P.S  is strictly directed to comply the aforesaid order as the complainant is  suffering without electricity which is most essential in human life, due to unlawful objection by the O.P no. 3.

In the facts and circumstances of the case no order of compensation is passed against the O.Ps.

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President                                

 

Dictated and corrected by me

 

 

                        Member

 

 

                       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

                                                            Ordered

That the case be and the same is allowed without cost on contest against O.Ps.

The O.P nos. 1 and 2 are jointly and/or severally directed to install separate new electric meters and to give electric connection  at the residence of the complainant  within 30 days from the date of this order . If O.P no. 3 try to object the process of installation of new electric meter in question, O.P no. 3   shall pay Rs.10,000/- to the complainant. 

I.C/O.C of the Survey Park P.S. is directed to provide police help to the O.P CESC at the time of installation of new electric meter and electric connection  on the date as informed by the officials of O.P CESC. In this regard I.C/O.C of  Survey Park P.S  is strictly directed to comply the aforesaid order as the complainant is  suffering without electricity which is most essential in human life, due to unlawful objection by the O.P no. 3.

In the facts and circumstances of the case no order of compensation is passed against the O.Ps.

Let a plain copy of Judgment be supplied to the parties free of cost as per rule.

 

                                    Member                                                                                   President