DATE OF FILING : 18/03/2014.
DATE OF S/R : 28/04/2014.
DATE OF FINAL ORDER : 06/08/2014.
SRI ASHOK KUMAR PRAMANICK
S/O lt. Jiban Krishna Pramanick,
Vill & P.O. Bahira, P.S. Uluberia,
Howrah----------------------------------------------------------------------- COMPLAINANT.
- Versus -
1. AE & Station Manager,
WBSEDCL, Customer Care Center,
Uluberia, Howrah
2. Asit Baran Pramanick,
S/O lt. Jiban Krishna Pramanick,
C/O Pradip Karmakar (near Satya Smriti Sangha)
Vill Nona P.O. + P.S.Uluberia,
Howrah -------------------------------------------------------------OPPOSITE PARTY.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986,
as amended against the O.P. no. 1 WBSEDCL Authority i.e., alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary directives upon the O.P. no. 1 i.e., WBSEDCL Authority for immediate effecting the new service connection at the complainant’s schedule premises, in spite of the facts that he has complied all the formalities and to restrain o.p. no. 2 from raising any obstruction against such installation.
2. The o.p. nos.1, WBSEDCL Authority stated in their written version that
the complainant deposited EMD money on 09-07-2013 and attempts for conducting site inspection was made on 06-03-2014 but could not be accelerated due to objection raised by o.p. no. 2, the co-sharer. They have no objection for installing the same if free access is available.
3. The o.p. no. 2 appeared on vide their written version stated that a civil
suit is pending before the 1st Court of Civil Judge (Jr. Division) at Howrah vide Misc. Case no. 78 of 2013 and the Hon’ble Civil Court passed the order of ad interim injunction against the complainant vide T.S. No. 120 of 2013 and o.p. no. 1 during the pendency of the suit ws directed not to install the electric line on the basis of the application of the complainant for which the has no claim upon the said room where he wants to install the electric meter separately for which the case may be liable to be rejected accordingly.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P.no. 1
i.e ., WBSEDCL Authority ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for active consideration. Since the complainant is suffering for want of electricity and the o.p. no. 1 willing to install the electric meter the objection raised by the o.p. no. 2 cannot sustain at this critical juncture for installation of electric meter ( loop ) in the schedule place U/S 43 of the Electricity Act, 2003. Thereefore, we are of the view that the complaiantn has a genuine demand and in view of the present position of law his demand requires to be fulfilled. Therefore, we are of the view that this is a fit case where prayer of the complainant shall be allowed.
Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 147 of 2014 ( HDF 147 of 2014 ) be allowed on contest without costs against O.P. nos. 1 WBSEDCL Authority and dismissed without cost against o.p. no. 2.
The O.P. nos. 1 WBSEDCL Authority be directed to provide new electric connection through separate meter to the complainant’s premises after conducting site inspection together with realizing service connection charges and security money, if require, within 45 days from the date of this order giving top most priority.
The o.p. no. 2 is hereby restrained from causing any disturbance during installation of the separate meter ( loop ) at the schedule premises as elaborated.
In case of any illegal objection raised by o.p. no. 2 against installation of meter in the said premises, o.p. no. 1 WBSEDCL Authority shall approach to the local police station i.e., Uluberia, Howrah, for help. The I.C. Uluberai P.S. shall be under obligation to provide necessary assistance or protection to the men and officer of the WBSEDCL Authority for providing supply to the complainant’s schedule premise.
No order as to compensation.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
