West Bengal

South 24 Parganas

CC/608/2014

Ashoke Kumar Shaw. S/O Late Chandu Shaw. - Complainant(s)

Versus

Biswanath Patra, S/O not knwon. - Opp.Party(s)

23 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

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

                                                C.C  CASE NO.__608___ OF 2014

DATE OF FILING:19.12.2014_   DATE OF PASSING JUDGEMENT:_27.4.2015____

Present                                                                : President:  Udayan Mukhopadhyay

                                                                  Member   :  Dr.(Mrs.) Shibani Chakraborty

 

COMPLAINANT                                 : Ashoke Kumar Shaw,s/o late Chandu Shaw of E 25, Raj Danga Naba Pally, P.S.Kasba, Kolkat – 107.

                                                                                                                Vs

O.P/O.PS                                             : 1.     Biswanath Patra, s/o not known, E-25, Raj Danga Naba Pally, P.S. Kasba, Kolkata – 107.

                                                                 2.     The District Engineer, CESC, Mandeville Garden, Kolkata – 19.

                                                                                J U D G E M E N T

                Sri Udayan Mukhopadhyay, President

 

This application under section 12 of the C.P Act has been filed by the complainant on a ground that he is a tenant in respect of two rooms at E-25, Rajdanga Nabapally, P.S. Kasba, Kol-107  under O.P-1 and complainant has applied for electricity in his tenanted portion before the O.P-2 since O.P-1 did not provide electricity to the complainant. It has claimed that after inspection O.P-2  directed to deposit Rs.1550/- for new connection and complainant has already deposited the said amount. Thereafter, O.P-2 informed over telephone that they are unable to install new meter in the tenanted portion due to objection raised by the O.P-1. Hence, this case.

                O.P-1 has filed written version and has denied all the allegations leveled against him.

                It is the positive case of the O.P-1 that complainant was inducted as commercial tenant in respect of the shop room and not in residential room ,that too for one shop room only and complainant instead of running business in the tenanted shop has changed his nature and character and has sublet the tenanted shop room to his other relatives who are none but trespasser at the said tenanted shop room and not entitled to get any amenities including electricity since he has violated the norms of tenancy and as such for subletting the tenanted shop room and for changing the nature and character of the portion is liable to be evicted immediately. Hence, prays for dismissal of the case.

The O.P-2 CESC has filed written version and has submitted that on 22.11.2014 this O.P sent a letter to the complainant and requested him for completion of the meter board and main switch box and to intimate to the O.P-2 to take further action. It has further stated that the O.P-1 submitted a letter of objection on 22.10.2014 and stated that a Title Suit no.108/14 is pending before the Ld. First Civil Judge ,Jr. Division at Alipore against the said complainant. Accordingly the O.P CESC has stated that the same is a title dispute between the landlord and tenant in question. Hence O.p-2 prays for dismissal of the case.

                Points for decision in this case is whether there is any deficiency in service on the part of the O.Ps or not.

                                                                                Decision with reasons

                It has come to our knowledge that O.P-1 , the landlord, has raised serious objection to get electric connection and O.P-1 also filed written version and has claimed that the complainant is a trespasser . So, he is not entitled to any amenities including electricity. This is clearly a wrong conception of Law. It is well settled that our Hon’ble Apex Court has held in several cases that Even a trespasser can get electricity and water supply which is the essential services of the human being until and unless he or they are evicted in due process of law”.    So that contention of O.P-1 is go-bye.

                Secondly, we find that due to serious objection of O.P-1 O.P-2 failed to give electric connection but inspite of that O.P-2 informed the complainant on  22.11.2014 through letter that after completion of the meter board and main switch box intimate the O.P-2 to take further action. Apart from that, From the West Bengal Electricity Regulatory Commission Notification no.46 WBERC Calcutta 31.5.2010 clearly suggests that “Regulation no.13.7 the licensee shall not, be held responsible for the delay, if any, in providing supply or services as specified under Regulation 3.0 to Regulation 12.0 of this Regulation ,if the same is on account of problems relating to right of way , acquisition of land, order of court, clearance of any statutory authority or delay in meeting intending consumer/consumer’s obligation over which licensee has no reasonable control. This is the position of law as prescribed in West Bengal Regulatory Commission. So, when complainant has failed to inform the O.P-2 in this regard i.e. all formalities including meter board, switch box has already been arranged, it is very difficult to hold deficiency of service but fact remains deficiency of service was acted due to serious obstruction of O.P-1 on the spot, particularly when complainant being a tenant is entitled to get electricity.

 

                Hence,

                                                                                                Ordered

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

The O.P-2 is directed to provide electric connection by installing new meter in the tenanted portion of the complainant as per schedule mentioned in the complaint and identified by the complainant on the spot ,subject to compliance of all formalities by the complainant i.e meter board, switch box, shed, main switch etc. and complainant has to take assistance of the electrician which is not part of job of O.P-2.

The complainant is directed to intimate the O.P-2 that their part of formalities has been completed within 15 days from the date of this order and thereafter O.P-2 will install new meter so that the complainant may get new and separate electric connection in the tenanted portion which has been mentioned in the schedule of complaint.

O.P-2 is hereby restrained from raising any obstruction in the matter of taking electric connection by the complainant .

The Officer-in-Charge of Kasba P.S. is directed to see that the O.P-2 may get free access in the tenanted place of the complainant for providing new electric connection  and if any person including O.P-1 and their men and agents obstructed on the spot, the Officer-in-Charge will give all sorts of assistance to the complainant and the Engineer of O.P-2 an their men , failing which the complainant is at liberty to approach the Forum for execution of the order.

O.P-1 is directed to pay compensation to the tune of Rs.10,000/- to the complainant if he or his men resisted at the time of installation of new meter in the tenanted portion of the complainant, otherwise not.

Let a plain copy of this order be served upon the O.Ps and P.S concerned and hand over a copy 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 application under section 12 of the C.P Act is allowed on contest against the O.Ps.

The O.P-2 is directed to provide electric connection by installing new meter in the tenanted portion of the complainant as per schedule mentioned in the complaint and identified by the complainant on the spot ,subject to compliance of all formalities by the complainant i.e meter board, switch box, shed, main switch etc. and complainant has to take assistance of the electrician which is not part of job of O.P-2.

The complainant is directed to intimate the O.P-2 that their part of formalities has been completed within 15 days from the date of this order and thereafter O.P-2 will install new meter so that the complainant may get new and separate electric connection in the tenanted portion which has been mentioned in the schedule of complaint.

O.P-2 is hereby restrained from raising any obstruction in the matter of taking electric connection by the complainant .

The Officer-in-Charge of Kasba P.S. is directed to see that the O.P-2 may get free access in the tenanted place of the complainant for providing new electric connection  and if any person including O.P-1 and their men and agents obstructed on the spot, the Officer-in-Charge will give all sorts of assistance to the complainant and the Engineer of O.P-2 an their men , failing which the complainant is at liberty to approach the Forum for execution of the order.

O.P-1 is directed to pay compensation to the tune of Rs.10,000/- to the complainant if he or his men resisted at the time of installation of new meter in the tenanted portion of the complainant, otherwise not.

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

 

Member                                                              President