SMT. BANDANA ROY, PRESIDENT

DATE: 28-11-2016

The case of the petitioner in brief is that his father Madan Gopal Utthasini was the owner of plot no. 819 at Mouja Ektarpur under PS Mohisadal J/L no. 142 measuring 22 decimals. His name was recorded in the L.R.R.O.R khatian no. 421. After demise of Modan Gopal Utthasini his property devolved upon his wife and son,the present petitioner  who has his dwelling  house in plot no. 819 where he lives with his family. The petitioner purchased 6.2/3 decimals out of 20 decimals in plot no. 820 and 11 decimals out of 31 decimals in plot no. 821 at the said Mouja Ektarpur by registered deed of sale No. 2381 of 2008 from Smt. Arati Chakraborty (Bhattacharya) and Sri Samrat Chakraborty (Bhattacharjya).The petitioner filed an application before the OPs for electric connection in his dwelling house on plot no. 819 and paid quotation fees of Rs. 807 to the OP no. 1 on 03/12/07 vide quotation no. T.R.E.CC/3. The petitioner also submitted the hand sketch map showing the electric line to be set up 4579 through the eastern side of plot no. 820. In spite of that the OPs did not install electric line to the petitioner on the plea that there is a civil suit pending before the Court of Ld. Civil Judge Sr. Divn, Haldia wherein the plaintiff of the suit Ashis Bhattacharya has obtained an order of temporary injunction against the petitioner regarding maintaining status quo as regards the nature and character of plot no. 820 and 821. The petitioner thereafter, filed an application before that Ld. Court of Civil Judge Sr. Divn. Haldia for getting electric connection in his premises in plot no. 819. On 24/04/16 said Ld. Judge ordered that the petitioner was at liberty to take electric connection as sought for after observing all the formalities of the concerned authority, WBSEDCL and also directed the OPs not to hamper the interest of the defendant No.1 of that suit. That after such order the petitioner on 29.04.2016 filed an application for obtaining electric connection in his premises over plot no 820 but the OP s has not installed the connection till date.

Under such circumstances, the petitioner prays for the reliefs as mentioned in the instant complaint petition.

The OPs contested the application by filing written version.

The OPs stated that the complainant Haraprasad Utthasini applied for an electric connection few years ago in 2007. Particularly before introduction of the Procedure - A-2010 still Haraprasasd did not apply for new service connection afresh in the existing system  that is Procedure A -2010. It is further submitted that as per norms, inspection was made by the OP’s office several times till date.  Lastly on 02.05.16 an inspection was done by enlisted agency of the WBSEDCL at that location and they found that some local villagers created obstruction and raised objection to install the electric connation in the premises of the complainant due to which service line could not be effected to the premises of the complainant from the nearest PCC pole over the common passage or pathway or way leave which is the only matter of litigation between the complainant and the plaintiff and others. The entire matter was conveyed to the complainant, Haraprasad Utthasini by two letters and he was directed to apply for new service connection in  Procedure A 2010 but till date  the complainant has not  applied for new service connection  nor submitted any way leave.

Hence submitted for dismissal of the complaint petition.

Points for consideration.

Whether the complainant is entitled to get the relief(s) as prayed for.

We have perused all the materials on record. It appears that a civil suit is pending in the court of ld. Civil Judge (Sr.Divn) Haldia between the parties. The complainant filed  the order dated 20.04.16 from where it is seen that  ld Civil Judge (Sr.Div),Haldia allowed the petition of the complainant and the complainant was given liberty to take electric connection  as prayed for after observing all the formalities relating to the concerned electricity  authority. The Electricity Authority was given liberty to make an enquiry as to the suitable passage for connection to be provided to the complainant without hampering the ingress and egress of the common passage of both complaint and the OPs. The complainant has prayed for a direction on the Office of the OPs to install the electric connection to the house of the complainant mentioned in the schedule of the complaint.

After careful consideration of the order passed by ld Civil Judge (Sr. Div),Haldia Court we are of the view that there is no bar in giving electric connection  to the complainant by the Opposite parties in the premises in plot no. 819 of mouza Ektarpur under PS Mahisadal. The electric connection is an emergency service needed for the complainant and OP should try to give the connection as per order of the ld Civil Court.   

 Accordingly, it is,

 Ordered

That the CC/151/2016 be and the same is allowed on contest the OPs.

The OPs are directed to install electric connection to the house of the complainant following the order of the ld. Civil Judge (Sr.Divn),Haldia dated 20.04.2016 within 15 days from the date of this order. For the delay OPs are directed to pay Rs. 5000/- as compensation and further Rs. 5000/- as litigation cost  to the complainant within 15 days from the date of this order failing which the OP  will be liable to pay a sum of Rs. 100/- per diem  as punitive charge which will be payable to Consumer Welfare Fund.

Let the copy of the judgment be supplied to all the parties free of cost.