DATE OF FILING : 17-01-2012.
DATE OF S/R : 17-02-2012.
DATE OF FINAL ORDER : 16-08-2012.
Dhanu Ram.
s/o. Banshi Ram,
c/o. Sikha Bhattacharjee,
of 23/10, Madan Biswas Lane, P.S. Golabari,
District –Howrah,
PIN – 711106. ----------------------------------------------------------------- COMPLAINANT.
- Versus -
1. District Engineer,
CESC Ltd. of 433/1, G.T. Road ( N ),
Howrah – 711101.
2. CESC Ltd.
CESC Bhawan / House of
Chowringhee Square,
Kolkata – 700001.
3. Shila Devi Shaw,
wife of late Munnilal Shaw,
residing at 23/10, Madan Biswas Lane,
Howrah – 711106.------------------------------------------------OPPOSITE PARTIES.
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.Ps. alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant, Dhanu Ram has prayed for direction upon the CESC Authority for new connection together with other reliefs as the proposed new connection could not be rendered for obstruction by the o.p. no. 3, the landlord.
2. The o.p. nos. 1 & 2, CESC Authority in their written version candidly
stated that the separate meter could not be fixed with new electric connection as the same was found under lock and key and objection by the o.p. no. 3.
3. As the o.p. no. 3 did not claim the notice and the S/R received with post
remark ‘not claimed’ the case was heard ex parte against o.p. no. 3.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
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 consideration. On perusal of the photo copies of the documents enclosed it is palpable that the CESC Authority has no objection in giving new connection and they have extended their helping hand by receiving the amount required and fixed the date for inspection of the existing meter but the same being under lock and key and objection raised by o.p. no. 3, inspection could not be held and the installation of new meter is pending. Though the complainant is a tenant, he has every right for a new connection through new meter as per the provisions of law. O.P. no. 3 cannot stand in the way of such new meter. This is a fit case for granting relief to the complainant as prayed for.
Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 5 of 2012 ( HDF 5 of 2012 ) be allowed on contest against the O.P. nos. 1 & 2 and ex parte against o.p. no. 3 but without cost.
The O.P. nos. 1 & 2 CESC Authority be directed to supply electricity to the complainant in the premises of 23/10, Madan Biswas Lane, P.S. Golabari, Howrah, through a separate meter by following necessary formalities as expeditiously as possible, preferably within 30 days from the date of this order. If there be any resistance by anyone including the o.p. no. 3 against such supply of electricity in the said premises, CESC Authority will be at liberty to take necessary assistance, or protection from Golabari P.S. The I/C, Golabari P.S. will be under obligation to provide necessary assistance or protection to the men and officers of the CESC Authority for providing such supply to the complainant in case of approach made by the CESC Authority.
No order as to costs.
Supply the copies of the order to the parties, as per rule.
