DATE OF FILING : 27-07-2012.
DATE OF S/R : 27-08-2012.
DATE OF FINAL ORDER : 01-11-2012.
Abu Hamza alias Md. Abu Hamza,
son of late Md. Kamruddin,
residing at 46, Alam Mistry Lane, P.S. Golabari,
District –Howrah,
PIN – 711101.------------------------------------------------------------------ COMPLAINANT.
- Versus -
1. CESC Limited
having its office at CESC House,
Chowringhee Square,
Kolkata – 700001.
2. District Engineer,
CESC Limited,
having its office at 433/1, G.T. Road ( N ),
P.S. Golabari, District – Howrah,
PIN – 711101.
3. Md. Salim,
son of late Md. Ishaque.
4. Md. Sarfaraj Alam alias Md. Munna,
5. Md. Afjal.
both sons of late Md. Ishaque alias Kallu.
6. Sakila Aktar,
wife of Aktar Hussain.
7. Parvin Aslam.
8. Md. Akram.
9. Md. Asif,
no. 7 wife nos. 8 & 9 –
sons of late Md. Aslam,
nos. 3 to 9 residing at 46, Alam Mistry Lane,
P.S. Golabari, District – Howrah,
PIN – 711101. -----------------------------------------------------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 has prayed for passing necessary direction upon the O.P. nos. 1 & 2 i.e., CESC Authority for installation of new meter ( loop connection) from the existing service line at the tenanted portion of the complainant situated at floor no. 3rd, 46, Alam Mistri Lane, Howrah – 711101, and to restrain o.p. nos. 3 to 9 from raising any obstruction against such installation of new meter.
2. The brief facts of the complaint is that the complainant applied before
the o.p. nos. 1 & 2, CESC Authority for installation of new meter ( loop connection ) to his tenanted portion followed by depositing necessary earnest money and also paid Rs. 960/- against MASD Bill duly supplied by CESC Authority on 31-05-2012, but the same installation of new meter could not be made possible due to objection raised by the other o.ps. ( 3 to 9 ) in spite of good attempts made by the CESC Authority herein o.p. nos. 1 2. Finding no other alternative complainant filed this instant petition alleging deficiency in service on the part of the o.p. nos. 1 & 2.
3. The o.p. nos. 1 & 2 CESC Authority stated in their written version that the complainant paid service connection charges including MASD Bill amounting of Rs. 960/- on 31-05-2012 and that to attempts were made for installation of new meter ( loop connection ) and the job could not be completed for forcible and unauthorized objection raised at the site by the landlord Md. Salim and others o.p. nos. 3 to 9. They have no objection for installation of new meter through loop connection if other o.ps. are restrained.
4. The o.p. nos. 3 to 9 appeared and submit their written version separately which duly considered and recorded.
5. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. nos. 1 & 2 ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. It is admitted facts that the complainant deposited necessary quotational money for installation of new meter before the CESC Authority including observing all technical formalities. It appears that the o.p. nos. 1 & 2 CESC Limited being a public utility concern are eager to cater the installation of new meter to the intending consumer i.e., complainant. There is no deficiency in service on their part and nor did they commit any unfair trade practice. Their inability to install the meter was due to the objection raised by the 3rd parties but the fact remains that the applicant was being charged at high rate of energy consumption so consumed by himself at his tenanted portion by the landlord and this is the reason why he applied for separate electric meter in his own name at his tenated portioin. We have also considered the written version of the o.p. nos. 3 to 9 and the same cannot be sustained at the present situation on some fictitious ground considering electricity is a need based requirement of a civilized person.
7. Considering the above we have our considered opinion that o.p. no. 1 & 2, CESC Authority has no latches and deficiency in service for installation of new meter at the tenanted portion of the complainant and that to they are ready to complete the job if free access is available.
Therefore, we are of the view that this is a fit case where prayer of the complainant shall be allowed. Accordingly both the points are disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 81 of 2012 ( HDF 81 of 2012 ) be allowed on contest against o.p. nos. 1 & 2 and dismissed without cost against rest of the o.ps.
The O.P. nos. 1 & 2, CESC Authority, be directed to provide new meter at the tenanted portion of the complainant as mentioned in the schedule within 30 days from the date of this order.
The o.p. nos. 3 to 9 is hereby restrained from causing any disturbance during installation of new meter.
In case of any illegal objection by any person complainant and o.p. nos. 1 & 2 CESC Authority shall approach to the local police station for help.
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.
