DATE OF FILING : 12.09.2014.
DATE OF S/R : 01.12.2014.
DATE OF FINAL ORDER : 31.12.2015.
Sri Saumyen Banerjee,
son of late Bimalendra Nath Banerjee,
4/3/2, Haradhan Banerjee Lane, P.O. & P.S. Shibpur,
District Howrah,. .……... …..…………………………...……….…... COMPLAINANT.
1. Calcutta Electric Supply Corporation Limited,
CESC House, Chowringhee Squire,
Kolkata 700001.
2. District Engineer,
Calcutta Electric Supply Corporation, Howrah,
433/1, G.T. Road ( North ),
Howrah 711101. …. ……………...………………………………. Opposite Parties.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
1. The instant case was filed by complainant, Sri Saumyen Banerjee, U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. nos. 1 & 2, CESC Ltd., for effecting new service connection at his premises along with other order and orders as the Forum may deem fit and proper.
2. The brief facts of the case is that the complainant paid the quotation amount of Rs. 200/- to o.p. nos. 1 & 2, on 03.05.2013 for getting new electric connection at his flat no. 302 ( 3rd floor ) of the building situated at 4/3/2, Haradeb Bhattacharjee Lane, Shibpur, Howrah 711 102, against the form no. being 20094560493 dated 03.05.2013. Accordingly o.ps. carried out a physical inspection on 14.05.2013 to install new electric connection. But even then actual installation of electric line was not effected for a long time and the complainant went to the office of the o.ps. where he came to know that o.p. nos. 1 & 2 issued a letter dated 15.5.13 explaining every thing. As the complainant did not receive the letter, he enquired about the actual situation and o.ps. told him that there is no place for installing meter in his name as there is no space in the block ‘A’ meter board. This explanation could not satisfy him so he wrote a letter to them on 31.01.2014 but no fruitful result came out. So being frustrated and finding no other alternative, complainant filed the instant complaint with the aforesaid prayers.
- Notices were served upon the o.ps. All the o.ps. appeared and filed written version. So the case was heard on contest against the o.ps.
4. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written versions and noted their contents. It is admitted that complainant paid the earnest money of Rs. 200/- to them on 03.05.2013. And complainant wants load of 60 watt domestic connection. At the time of inspection on 14.05.2013 it was found by the technical persons of the o.ps. that there was no space to provide any further meter box in that particular building in question. And vide their letter dated d15.05.2013 o.ps. asked the complainant to select some other common position for shifting of the existing service so that they can provide another meter along with all the existing meters and as the complainant did not reply, o.ps. were not in a position to effect new electric connection in the name of the complainant. Here we take a pause. Is it the duty of the complainant to show the o.ps. the alternative space for shifting of the existing service line of other flat owners of the building ? Complainant is definitely entitled to get the electric connection and get his meter box installed in the same building in which he resides. It is the o.p. who is to decide the exact place wherefrom the complainant may be given the service line. Moreover, o.ps. have annexed any copy of the letter dated 15.05.2013 and complainant also stated in his complaint petition that he never received copy of such letter from o.ps. which clearly shows that the o.ps. have neglected to discharge their duties towards the complainant since 14.05.2013 and we are to keep in mind that the complainant is a senior citizen. In modern days no one can live without electricity. It is a basic need to live in a civilized society. Light is off life is off. Accordingly, complainant is very much entitled to the electric connection at his premises. O.p. nos. 1 & 2, CESC Ltd., is found to be grossly negligent in discharging their duty which caused severe mental and physical harassment to the complainant. Accordingly, we are of the candid opinion that it is the fit case where the prayer of the complainant should be allowed.
Hence,
O R D E R E D
That the C. C. Case No. 498 of 2014 ( HDF 498 of 2014 ) be and the same is allowed on contest with costs as against the O.P. nos. 1 & 2.
The o.p. nos. 1 & 2, CESC Ltd.,, be directed to effect the electric connection at the schedule flat of the complainant situated at 4/3/2, Haradeb Bhattacharjee Lane, Shibpur, Howrah 711 102, within 30 days from the date of this order i.d., Rs. 50/- per day shall be charged upon o.ps. till actual installation.
That the complainant do get an award of Rs. 3,000/- as compensation and Rs. 2,000/- as litigation costs within 30 days from the date of this order.
The complainant is at liberty to put the decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
