West Bengal

South 24 Parganas

CC/119/2015

Samir Kumar Gupta, S/O Late Man Mohan Gupta. - Complainant(s)

Versus

1. The Managing Director, C.E.S.C. Limited. - Opp.Party(s)

Smt. Mousumi Chakraborty.

05 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

 

      C.C. CASE NO. _119_ OF ___2015_

 

DATE OF FILING : 3.3.2015                       DATE OF PASSING JUDGEMENT:    05.10.2016

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Sharmi Basu & Subrata Sarker

                                                                             

COMPLAINANT        :    Samir Kumar Gupta, s/o late Man Mohan Gupta of 82, Bhatsala (Jora Mandir), B.B.T Road, P.O Brace Bridge, Zinzira, I.C under P.S. Maheshtala, Kolkata – 88.

 

-VERSUS  -

 

O.P/O.Ps                            :     1. The Managing Director, CESC Limited, CESC House, Chowringhee Square, P.S. Harestreet, Kolkata – 1.

                                                 2.    The General Manager, CESC Limited, CESC House, Chowringhee Square, P.S. Harestreet, Kolkata – 1.

                                                3.   The District Engineer, CESC Limited, CESC House, Chowringhee Square, P.S. Harestreet, Kolkata – 1.

                                                4.    The District Engineer, South West Regional Office, P/18, Taratala Road, P.S. Taratala, Kolkata – 88.

                                                5.    Amitava Mondal,s/o Ashim Kumar Mondal of Bhatsala (Jora Mandir), B.B.T Road, P.O Brace Bridge, Zinzira, I.C under P.S. Maheshtala, Kolkata – 88.

 

                                          

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Udayan Mukhopadhyay, President

            It is the short case of the complainant that he is a tenant under the O.P-5 since 1997 at premises no.82, Bhatsala (Jora Mandir), B.B.T Road, P.O Brace Bridge, P.S. Maheshtala, Kolkata-88 at a monthly rent of Rs.450/-  and to that effect all proofs have already been filed. It is the further case of the complainant that he applied for a new domestic electric connection and complied all the formalities by paying MSD bill amounting to Rs.790/- on 18.1.2011 in the name of the complainant along with Consumer no.13494130030 and meter no.4535179-9-901 and complainant used to pay the electric bill without any difficulty. It has claimed that O.P nos. 1 to 4 without any outstanding dues or allegation of unatuhosied use disconnected the complainant’s domestic electric line on 20^th February, 2012 and thereafter complainant filed a writ before the Hon’ble High Court for restoration of the complainant’s line and accordingly at the time of restoration CESC noticed that the main switch was not there at the meter room which has been illegally removed by the landlord O.P-5 and the same is locked and key and thereafter CESC restored the line somehow on 12.7.2014 and thereafter O.P-5 illegally and unlawfully disconnected the same at 2 a.m at night on 13.7.2014,for which, it is prayed directing the O.P nos. 1 to 4 to restore the electric connection of the complainant and directed the landlord to hand over the key of the meter room and also directed to the I.C of Maheshtala P.S. to look after the matter at the time of restoration of the said connection and restrain the O.P-5 his men and agents from creating any disturbance , cost and compensation against O.P-5.

The O.P-5 contested the case by filing written statement  and denied all the allegations leveled against them. It has claimed that the complainant is a rank trespasser and forcibly and illegally occupied the debattar property /trust property since March 2014 and hampered the seva puja of the deity. It has also claimed that being a sebait he has right to keep the meter room under lock and key to save the pilferage. Accordingly, O.p-5 prays for dismissal of the case .

The O.P nos. 1 to 4 also filed written version and contested the case. It is the positive case of the O.P CESC that there is no deficiency in service on their part and the O.ps are not liable to restore the electric connection of the complainant because the said line was disconnected by the O.P-5 . Accordingly the allegation made in para 10 is hereby denied and complainant has no cause of action after the electric supply has been restored by the O.P CESC on 12.7.2014 which is admitted by the complainant. So, CESC authority has no deficiency in service. Hence, the O.P CESC prays for dismissal of the case.

Points for consideration 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 and he is entitled to get electric line. But from the complaint case it comes to our knowledge that O.P-5 being a landlord has disconnected the said line on 13.7.2014 at 2 a.m. for which complainant filed this case with a prayer for restoration of the electric line as well as direction to the O.Ps to hand over the key of the meter room and a direction to the O.P nos. 1 to 4 for shifting the electric meter from the existing meter room at the tenanted portion etc.

We find that there is no deficiency in service on the part of the O.P CESC because CESC already restored the electric connection on 12.7.2014 at 4.30 a.m.. So, this disconnection was made by the O.P-5 on 13.7.2014 at 2 a.m.  

We are aware that complainant is entitle to get electric connection in view of the judgment of the Hon’ble High Court  reported in AIR 2008 Calcutta (47) wherein Hon’ble High Court has observed that unlawful occupants or trespassers , merely because litigations are pending, cannot be denied to get electricity which is a constitutional right in view of the Article 21 of the Constitution of India. So, right to electricity is connected with the right to life and liberty in terms of Article 21 of the Constitution of India. So, in the modern days nobody can survive without electricity. Accepting the noble observation of the Hon’ble High Court reported above, the contention of the O.P-5 that  worst Trespasser should not play in mind by any authority who are providing electric line. So, complainant is entitled to get electric connection ,of course, from the existing meter board where the main line has entered but prayer for shifting the electric meter from the existing meter room is not accepted ,for which a direction should be given to the O.P-5  to hand over a duplicate key of the meter room to the complainant.

With that observation, it is

                                                                        Ordered

That the application under section 12 of the C.P Act, 1986 is allowed on contest against the O.Ps.

The O.P nos. 1 to 4 are hereby directed to restore the electric connection of the complainant at premises no.82, Bhatsala, (Jora Mandir)BBT Road, P.S. Brace Bridge, Zinzira I.C. Under P.S. Maheshtala, Kolkata – 88  from the existing meter room within 30 days from the date of this order .

The O.P-5 landlord is hereby directed to hand over the duplicate key of the meter room to the complainant who has proved himself as a tenant by submitting document issued by the Maheshtala Mahashakti Sree Sree Dakshinakali Matathakurani Estate within 15 days from the date of this order ,failing which, compensation to the tune of Rs.20,000/- will be imposed against the faulty parties i.e. if the duplicate be not handed over within 15 days from this date and after visit of the O.P nos. 1to 4 for one duplicate key , then the entire amounts will be imposed upon O.P-5 ,the landlord . But if after handing over the duplicate key  the O.P nos. 1 to 4 failed to restore the electric line after accepting the usual residual charge, then the O.P nos. 1 to 4 has to pay the said amount to the complainant.

The litigation cost of Rs.10,000/- has to be borne by the O.P-5 which has to be paid to the complainant because due to his illegal act of disconnection the case has been initiated by the complainant and the said amount has to be paid within 30 days from the date of this order.

Zinzira I.C under Officer-in-Charge of Maheshtala P.S is directed to look after the matter of restoration of electric connection and also to see that the O.P-5 be handed over the duplicate key to the complainant for free access in the meter board.

The other prayers are hereby refused.

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 application under section 12 of the C.P Act, 1986 is allowed on contest against the O.Ps.

The O.P nos. 1 to 4 are hereby directed to restore the electric connection of the complainant at premises no.82, Bhatsala, (Jora Mandir)BBT Road, P.S. Brace Bridge, Zinzira I.C. Under P.S. Maheshtala, Kolkata – 88  from the existing meter room within 30 days from the date of this order .

The O.P-5 landlord is hereby directed to hand over the duplicate key of the meter room to the complainant who has proved himself as a tenant by submitting document issued by the Maheshtala Mahashakti Sree Sree Dakshinakali Matathakurani Estate within 15 days from the date of this order ,failing which, compensation to the tune of Rs.20,000/- will be imposed against the faulty parties i.e. if the duplicate be not handed over within 15 days from this date and after visit of the O.P nos. 1to 4 for one duplicate key , then the entire amounts will be imposed upon O.P-5 ,the landlord . But if after handing over the duplicate key  the O.P nos. 1 to 4 failed to restore the electric line after accepting the usual residual charge, then the O.P nos. 1 to 4 has to pay the said amount to the complainant.

The litigation cost of Rs.10,000/- has to be borne by the O.P-5 which has to be paid to the complainant because due to his illegal act of disconnection the case has been initiated by the complainant and the said amount has to be paid within 30 days from the date of this order.

Zinzira I.C under Officer-in-Charge of Maheshtala P.S is directed to look after the matter of restoration of electric connection and also to see that the O.P-5 be handed over the duplicate key to the complainant for free access in the meter board.

The other prayers are hereby refused.

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