West Bengal

South 24 Parganas

CC/177/2015

1. Sri Bechuram Das, S/O Sri Ram Das. - Complainant(s)

Versus

1. M/S. C.E.S.C. Limited a Electric co. represented through it s Director. - Opp.Party(s)

Smt. Mousumi Chakraborty.

30 Mar 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

 

C.C. CASE NO. _177   OF ___2015____

 

DATE OF FILING : 7.4.2014     DATE OF PASSING JUDGEMENT: 30.03.2016

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Smt.  Sharmi Basu                     

 

COMPLAINANT                   :   1.Sri Bechuram Das alias Bechuchandra Das ,s/o Sri Ram Das of 22, S.N Roy Road, P.S. Behala, Kolkata – 38.

 

2.    Sri Budhadeb Patra,s/o late Sanjoy Patra of of 22, S.N Roy Road, P.S. Behala, Kolkata – 38.

                                                    3.     Sri Ashoke Patra,s/o late Kanai Patra of 22, S.N Roy Road, P.S. Behala, Kolkata – 38.

                                                     4.     Sri Sukumar Patra,s/o late Kanai Patra of 22, S.N Roy Road, P.S. Behala, Kolkata – 38.

                                                     5.     Smt. Sandhya Mondal, w/o late Khokhan Mondal of 22, S.N Roy Road, P.S. Behala, Kolkata – 38.

 

 

-VERSUS  -

 

O.P/O.Ps                                :      1. M/s CESC Ltd. represented through its Director, CESC House, Poddar Court, Chowringhee Square, 18, Rabindra Sarani, P.S. Hare Street, Kolkata – 1.

                                                   2.      The District Engineer, M/s CESC Ltd. South West Regional Office, P-18, Taratala Road, P.S. Taratala, Kolkata – 88

                                                  3.     Sri Prabir Sarkar

                                                  4.     Sri Mogla Sarkar

                                                  5.     Sri Bhaja Sarkar

                                                  3 to 5 are sons of late Atul Sarkar & late Binabala Sarkar of 291, Diamond Harbour Road, P.S Behala, Kolkata – 34.

                                                 6.     Smt. Gouri Nanda, w/o Sri Khokan Nandan and d/o late Atul Sarkar of 22, S.N. Roy Road, p.S. Behala, Kolkata – 38.

 

________________________________________________________________________

 

                                                            J  U  D  G   M  E  N  T

            Smt. Sharmi Basu, Member

             In a nutshell the case of the complainants is that complainant nos. 1 to 5 are the tenants of one room each and common bath and privy at premises no.22, S.N. Roy Road, P.S. Behala, Kolkata – 38 at the monthly rental of Rs.60/-, 50/-, and Rs.150/- payable according to English Calender month under the O.P nos. 3 to 6. There was no electricity meter and/or connection in their name for which the complainants made an application for domestic purpose new connection to the O.P-2 and paid earnest  money of Rs.200/- to the O.P-2 on 23.2.2015 . O.P CESC Ltd. made inspection of the complainants’ place and issued MASD Bills and complainants duly paid the same  . On 4.3.2015 the O.p-2 sent their men to install new electric meter in the name of the complainant no.1 in the said premises but the men of the O.P-2 returned back without installing new meter and O.P-2 sent a letter informing the complainants that they did not get free access to provide new connection/meter. On 30.3.2015 again O.P-2 sent their men to install new meter with connection to the complainant nos. 2 to 5 but returned back without installing the same . The complainants being bonafide tenants of the said premises are entitled to enjoy electricity but the O.P-2 CESC without any cogent reason withhold and/or rejected the complainants’ application illegally. Several requests for installing of new meter with connection failed . Hence this case, praying for an order for separate new electric meter and electric connection in the premises of the complainants , an order for direction upon the Behala P.S. to present and assist the O.P-CESC at the time of installation of new meter and connection, compensation of Rs.50,000/-, cost etc.

            O.P-CESC appears and contested the case by filing written version denying all the allegations leveled against them . The positive case of the O.P CESC is that O.P could not do the said job of installation of new meter and connection due to strong objection raised by the landlords i.e. O.P nos. 3 to 6 and other inmates of the said premises and also access to the existing meter board position of the said premises was denied. It was also informed to the complainants for arrangement of free access to the supply position . The O.P also submitted that due to non-fixing of a Panel Board in the existing meter room the O.P-CESC could not install the new meter in the name of the complainant nos. 2 and 4 and the dispute in the complainants and the landlord is private dispute . O.P-CESC prays for dismissal of the case .

            Other O.Ps did not appear and contest the case.

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 both the parties and all the documents brought before this Forum and hearing case of the complainants and O.P CESC it is admitted fact that complainants applied to the CESC for new electric connection for residential use. Therefore, it is beyond doubt that complainants are “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 complainants.

            In the instant case O.P nos. 3 to 6 did not appear even after valid service of notice upon them and this Forum has no other alternative but to proceed the case exparte against them.

            It is crystal clear that due to unlawful third party objection by the land owners ,O.P nos. 3 to 6 at the time of installation of new Electric connection by the O.P CESC, complainant were deprived from electricity. It is beyond doubt that in modern civilization electricity is most essential for having modest leaving style. 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.P nos. 3 to 6 being land owners had committed wrong by giving strong objection in the matter of installation of electric meter at the residence of the complainants .

            In light of the above discussion we have no hesitation to hold that in the instant case complainants are eligible to have new electric connection provided by the O.P CESC and O.P nos. 3 to 6 should not create any objection or hindrance at the time of installation of new electric connection by the CESC at the residence of the complainants ,otherwise, penalty of Rs.10,000/- shall be imposed upon them.

            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.P CESC and exparte against O.P nos. 3 to 6.

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 each of the complainants  within 30 days from the date of this order failing which O.P nos. 1 & 2 should pay Rs.2000/- each to the complainants. If O.P nos. 3 to 6 try to object the process of installation of new electric meter in question O.P nos. 3 to 6 jointly and/or severally shall pay Rs.5000/- to each of the complainants.  

I.C/O.C of the Behala 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 Behala is strictly directed to comply the aforesaid order as the complainants are suffering without electricity which is most essential in human life, due to unlawful objection by the O.P nos. 3 to 6.

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 judgement 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.P CESC and exparte against O.P nos. 3 to 6.

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 each of the complainants  within 30 days from the date of this order failing which O.P nos. 1 & 2 should pay Rs.2000/- each to the complainants. If O.P nos. 3 to 6 try to object the process of installation of new electric meter in question O.P nos. 3 to 6 jointly and/or severally shall pay Rs.5000/- to each of the complainants. 

I.C/O.C of the Behala 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 Behala is strictly directed to comply the aforesaid order as the complainants are suffering without electricity which is most essential in human life, due to unlawful objection by the O.P nos. 3 to 6.

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