West Bengal

South 24 Parganas

CC/403/2014

MR. BABU DAS @ ASHIM DAS, S/O. Late M.N. Das. - Complainant(s)

Versus

1. THE DISTRICT ENGINEER, C.E.S.C. South West Regional Office. - Opp.Party(s)

21 Aug 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

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

 

         C.C. CASE NO. _403_ OF ___2014__

 

DATE OF FILING : 5.9.2014                                     DATE OF PASSING JUDGEMENT: 21.8.2015__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT             :  Mr. Babu Das @ Ashim Das,s/o late M.N. Das of

                                              33/1, Pasupati Bhattacharya Road, P.S. Behala, Kolkata – 41.

                                               

-VERSUS  -

 

O.P/O.Ps                            :   1. The District Engineer, C.E.S.C, South West Regional Office,

                                                P-18, Taratala Road, Kolkata – 88.

                                                2.     Sri Somnath Dalapati

                                                3.    Smt. Kalpana Dalapati,w/o Sri Somnath Dalapati

                                                Both of 69/2, Chanditala Branch Road, P.O & P.S Behala, Kol-53.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Mrs. Sharmi Basu, Member

            The instant case has been filed by the complainant under section  12 of the C.P Act, 1986 with allegation of deficiency in service against the O.Ps.

            In a nutshell the case of the complainant is that  the complainant is a lawful tenant under the O.p-3, the landlady in respect of one shop room. He was used to enjoy electricity in the said tenanted premises through the electric meter which was in the name of O.P-3 and paid the charges as per demand of O.P-3 but due to any reasons best known to the O.P-3, inspite of repeated requests of the complainant, O.P-2 disconnected the electric line and denied to restore the same.

            Thereafter, complainant applied for new electricity connection on 18.8.2014 before the CESC , O.P-1 and O.P-1 fixed 20.8.2014 for statutory inspection of the said premises but due to objection raised by the O.P-3 , O.P-1 CESC could not get access to the meter board position and ultimately failed to supply electricity at his tenanted premises. Hence, the complainant had no other alternative but to file this case with a prayer as mentioned in the petition of complaint.

 

 

 

 

 

 

            O.P-1 filed written version and contested the case denying all material allegations  made in the petition of complaint and has contended inter alia that due to strong objection raised by the landlord O.P nos. 2 and 3 of the said premises, the O.p-1 could not get free access to the meter board position and if the complainant arranges free access ,they are ready to provide electricity to the complainant’s premises. O.P-1 claims that there is no deficiency in service on the part of O.p-1 and O.P-1 prays for dismissal of the case .

            The O.P nos. 2 and 3 also filed written version categorically denying all the material allegations made by the complainant  and contending inter alia that complainant is not a lawful tenant and complainant is a ranked outsider and complainant is not a consumer. The positive case of the O.P nos. 2 and 3 is that complainant asked for supply of electricity for commercial purpose and ,therefore, complainant is not a consumer as per C.P. Act. They have also prayed for dismissal of the case.

            Points for decision in this case is;

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

            It is admitted fact that the complainant applied  to the O.P-1 (CESC) for having a new electric connection at his shop room. Though the complainant applied for electric connection for his shop room ,but in para 7 of his affidavit in chief  he has stated that the said earning from this shop   room is only source of income  ,from which he anyhow managed to maintain his daily livelihood. Therefore, the complainant is an “intending consumer” of the O.P-1 and O.P-1 is the “service provider” under the purview of the C.P Act, 1986 under section n 2(1)(d)(ii) and 2(1)(d)(O)  respectively.

            It is beyond doubt that electricity is essential service and in modern civilization without electricity day to day life is next to impossible. Moreover, as per the Electricity Act as well as valuable observation of the Hon’ble Apex Court even a trespasser is also entitled for electricity and it is not a luxury. Therefore, we have no hesitation to hold that the complainant is entitled to get new electric connection at his shop room. It is also fact that being a service provider O.P-1 has tried their level best but due to objection of the O.p-2 and 3, O.P-1 failed to give the connection and O.P-1 is ready and willing to give the connection if police protection will be given at the cost of the complainant Therefore, considering four corners of the case and keeping in mind the balance of convenience and inconvenience of the parties including O.P-2 and 3, it is opined by this Forum that the case of the complainant is allowed in part.

            Thus all the points are discussed and all are in favour of the complainant and the case succeeds.

 

            Hence,

                                                                                    Ordered

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

O.P-1 is directed to provide electric connection by installing new electric meter in the shop room of the complainant at the existing meter board within 30 days from this date on receipt of the necessary statutory amount from the complainant and observing all other formalities by the complainant.

O.P-1 is further directed to take police help if any obstruction  is made by anybody at the time of providing electric connection and concerned Police station is directed to render all sorts of assistance to the O.P-1 CESC at the time of providing new electric connection along with meter and complainant will bear charges, if any, for the police help.

Be it mentioned here that if any objection is raised by O.P nos. 2 and 3 at the time of installation of electric meter , in that event a find of Rs.100/- per diem will be imposed upon the O.P nos. 2 and 3 jointly and/or severally from the date of filing of this case till realization.

In the facts and circumstances we pass no order as to compensation and cost.

 

 Member                                                          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 on contest without cost.

O.P-1 is directed to provide electric connection by installing new electric meter in the shop room of the complainant at the existing meter board within 30 days from this date on receipt of the necessary statutory amount from the complainant and observing all other formalities by the complainant.

O.P-1 is further directed to take police help if any obstruction  is made by anybody at the time of providing electric connection and concerned Police station is directed to render all sorts of assistance to the O.P-1 CESC at the time of providing new electric connection along with meter and complainant will bear charges, if any, for the police help.

Be it mentioned here that if any objection is raised by O.P nos. 2 and 3 at the time of installation of electric meter , in that event a find of Rs.100/- per diem will be imposed upon the O.P nos. 2 and 3 jointly and/or severally from the date of filing of this case till realization.

In the facts and circumstances we pass no order as to compensation and cost.

 

 Member                                                          Member                                               President