DATE OF FILING : 24.06.2015.
DATE OF S/R : 26.08.2015.
DATE OF FINAL ORDER : 15.02.2016.
Sri Amal Kumar Chowdhury,
son of late Sachindra Nath Chowdhury,
10, Upendra Nath Roy Lane, P.O. & P.S. Shibpur,
District Howrah,
PIN 711102……. .……... …..…………………………...……….…... COMPLAINANT.
1. CESC Limited,
having its registered office at
CESC Ltd., Chowringhee Square,
Kolkata 700001, and also having its
regional office at 433/1, G.T. Road, P.S. Golabari,
District Howrah.
2. District Engineer,
CESC Ltd., Howrah Regional Office,
at 433/1, G.T. Road, P.S. Golabari,
District Howrah……..……………...………………………………. 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 Amal Kr. Chowdhury, 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, to pay compensation of Rs. 50,000/- 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 28.04.2015 for getting new electric connection at his residential premises no. being 10, Upendranath Roy Lane, P.O. & P.S. Shibpur, Howrah 711 102. Accordingly o.ps. carried out a physical inspection on 30.04.2015 to install new electric connection. But even then actual installation of electric line was not effected and no material information regarding the supply of electricity to the complainant premises was give by the o.ps. for a long time. For which complainant faced tremendous problem due to this gross deficiency in service and negligence on the part of the o.ps. Complainant, being a senior citizen, and his wife who is also an old lady, are suffering from various ailments. At the same time their younger daughter is a student of M.Com. Complainant requested the o.ps. for several times 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. 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 28.04.2015 vide Annexure. O.ps. also conducted necessary inspection on 30.4.2015 which is admitted by the complainant vide his letter dated 02.5.2015 At the time of site inspection on 30.4.2015, o.ps. faced huge objection raised by the other meter holders of the schedule premises. Even complainant could not show any ownership documents in respect of the schedule premises. Accordingly o.ps. were unable to effect new electric connection at the schedule premises and there was no deficiency in service on their part. It is the duty of the complainant to give access to the persons of the o.ps. to effect new electric connection. Complainant has filed the Xerox copy of his voter I.D. Card showing his residential address at 10, Upendranath Roy Lane, P.O. & P.S. Shibpur, Howrah 711 102. Complainant is definitely entitled to get the electric connection at the said premises. It is the o.p. who is to decide the exact place wherefrom the complainant may be given the service line. 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. Accordingly, we are of the candid opinion that it is the fit case where the prayer of the complainant should be allowed in part.
Hence,
O R D E R E D
That the C. C. Case No. 233 of 2015 ( HDF 233 of 2015 ) be and the same is allowed on contest without 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 premises of the complainant situated at 10, Upendranath Roy Lane, P.O. & P.S. Shibpur, Howrah 711 102. within 30 days from the date of this order with the help of local police authority, if so required.
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.
