West Bengal

South 24 Parganas

CC/107/2015

Debanghsu Bhattacharya. - Complainant(s)

Versus

1. West Bengal State Electricity Distribution Co. Ltd. - Opp.Party(s)

Prasanta Banerjee.

12 Sep 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , BARUIPUR, KOLKATA-700 0144

 

      C.C. CASE NO. _107_ OF ___2015__

 

DATE OF FILING : 26.2.2015                     DATE OF PASSING JUDGEMENT:  12.9.2016__

 

Present                        :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :    Sharmi Basu

                                                                             

COMPLAINANT             : Debangsu Bhattacharya,73, Biblabi Kanailal Bhattacharya Road, P.O Joynagar, Mazilpur, Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                            : 1.     West Bengal State Electricity Distribution Co. Ltd. Bidyut Bhawan, Salt Lake, Kolkata – 91.

                                            2.     The Divisional Manager, Baruipur Division, WBSEDCL,  Baruipur, South 24-Parganas, Kolkata -144

                                            3.     Smt. Mamata Bhattacharya

                                           4.      Sri Samir Bhattacharya

                                           5.      Sri Ashim Bhattacharya

                                           WD 2K B Road, P.S. Joynagar, South 24-Parganas. 

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

Udayan Mukhopadhyay, President             

The short case of the complainant is that complainant applied for new electric connection to the O.,P nos. 1 and 2 and after receiving the application he deposited the usual amount which has been accepted by the O.P nos. 1 and 2 and proceeded for installation of electric connection. But due to objection on site the O.P nos. 1 and 2 is unable to provide the connection. Hence, this case praying for installation of new electric connection , compensation of Rs. 1 lac, cost of Rs.20,000/- etc.

The  O.P nos. 1 and 2 filed written version and claimed that this case is not maintainable against them , particularly when O.P-3 Mamata Bhattacharya also applied for electric connection and  after depositing the quotation amount ,formal order was issued from the Baruipur Division of WBSEDCL in favour of one enlisted agency of the WBSEDCL for effecting five numbers of poles   but due to objection raised by the complainant/petitioner during the work ,electric connection of the O.P-3 could not be effected till date and if the electric connection of O.p-3 is effected by erection of five poles then there will be no problem to effect the electric connection of the complainant who raised objection against effecting electric connection of Smt. Mamata Bhattacharya , O.P-3. It has also stated that the objection raised by the O.P no.3 to 5 has already been informed to the complainant but complainant could not take any step. Hence, the O.P nos. 1 and 2 pray for dismissal of the case .

Written version has also been filed by the O.P nos. 3,4 and 5 jointly ,wherein we find that the application filed by the complainant is not on affidavit and not maintainable. It has claimed that for the welfare of the common people of Joynagar Majilpur Municipality has acquired the rest portion on and from the house of the petitioner to the house of the O.P nos. 3 to 5 by a Board meeting dated 23.7.2014 as common passage and complainant wants to get his electric connection and O.P nos. 3 to 5 are also residing at the end portion of the said road and as such there is necessity to use the said road for the electric consumption but complainant has raised strong objection continuously so that O.P nos. 3 ,4 and 5 do not get electric connection. At present the O.p nos. 3,4 and 5 are passing their days without electricity and suffering a lot in their daily live and due to the malice attitude of the complainant. The O.Ps pray that the allegation against them be dropped.

Point 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

At the outset it must be stated that the O.P nos. 1 and 2  WBSEDCL has rightly observed that there is no deficiency in service on their part and para 3 of their written objection is very much attractive and from where we can easily realize what is going on in the locality which has also been corroborated from the written statement of the O.P nos. 3,4 and 5 and suppressing the material fact the complainant has filed this complaint praying for electric connection. The act of the complainant as well as O.P nos. 3,4 and 5 is a jealous attitude prevailing in the village who failed to realize that right to get electricity is a right to live and in terms of the Article 21 of our Constitution of India. Probably the said Article has not yet reached and knocked down the conscience of the complainant and O.P nos. 3 to 5 ,that is the failure on the part of the Society at large, that is why this type of jealousy is prevailing in the said village which is appearing from the written version of the O.P nos.1 and 2 who is the right man to ventilate the picture because they have considered firstly electric connection of O.P-3 to 5 . Accordingly, O.P-3 deposited quotation amount and five numbers of poles were required for effecting electric connection . Formal order was issued by Baruipur Division of WBSEDCL to the enlisted agency but due to objection of the complainant electric connection of O.P-3 could not be effected. Complainant failed to realize that if the said poles were effected or installed ,then without any hindrance he can enjoy the electricity from that pole and Electricity Authority are the owners of the said poles. So, all these things cannot be realized by the complainant due to their illiteracy and he raised objection that is why when the complainant prays for electricity the same objection was submitted by the O.P nos. 3,4 and 5 . So, we hold that every citizen of India have right to get electricity, water which are essential services to live the human life in modern society. It should be mentioned here that Hon’ble High Court has observed a very noble observation in AIR 2008 Calcutta 47 wherein an occupier wanted to get electric connection and the Hon’ble Court has held that in view of section 43 of the Electricity Act, 2003 the petitioner is an occupier and is entitled to get electricity connection. Moreover, the Hon’ble Court also held very very rightly that in the modern days without electricity no one can live and survive ,for which right to electricity is also a right to life  in terms of the Article 21 of the Constitution of India. Accordingly, we make it clear that not only this complainant, O.P nos. 3 to 5 who are another applicant will also get electric connection in their house and O.P nos. 1 and 2 should proceed for installation of electric pole and install electric connection to the house of the complainant and O.P-3 and any other applicant of that locality who will or have filed application for getting electric connection in their house from that pole ,if possible by the O.P nos. 1 and 2 after compliance of all formalities as prescribed in the Electricity Act, will certainly get electric connection.

So, by this judgment we make it clear that there will be no dispute amongst the villagers regarding taking electricity when it is the dictum of the Superior Court that enjoyment of electricity is the right to life and liberty in terms of Article 21 of the Constitution of India.

With that observation, it is

                                                            Ordered

That the complaint case is disposed  holding that O.P nos. 1 and 2 have no deficiency in service and also holding that O.P nos. 3 to 5 raised objection due to previous objection of the complainant. So, complainant will not get any compensation and cost and complainant will get new electric connection along with O.P-3 and other neighbours ,if applied today or tomorrow.

The O.P nos. 1 and 2 are hereby directed to complete the said connection of the complainant and O.P-3 and others ,if applied in the passage of time, within 45 days from the date of this order.

This order is passed for the interest of justice as well as natural justice for the common people at large, so that they cannot make any dispute in the matter of taking electric and water connection which is a constitutional right of the citizen of India.

 

 

 

Let a plain copy of this order be served upon the O.Ps and a copy be handed over to the complainant free of cost.

 

Member                                                                                                                       President

 

Dictated and corrected by me

 

 

 

                        President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

            Ordered

That the complaint case is disposed  holding that O.P nos. 1 and 2 have no deficiency in service and also holding that O.P nos. 3 to 5 raised objection due to previous objection of the complainant. So, complainant will not get any compensation and cost and complainant will get new electric connection along with O.P-3 and other neighbors ,if applied today or tomorrow.

The O.P nos. 1 and 2 are hereby directed to complete the said connection of the complainant and O.P-3 and others ,if applied in the passage of time, within 45 days from the date of this order.

This order is passed for the interest of justice as well as natural justice for the common people at large, so that they cannot make any dispute in the matter of taking electric and water connection which is a constitutional right of the citizen of India.

 

 

 

Let a plain copy of this order be served upon the O.Ps and a copy be handed over to the complainant free of cost.

 

Member                                                                                                                       President