DATE OF FILING : 30-06-2014.
DATE OF S/R : 30-07-2014.
DATE OF FINAL ORDER : 27-11-2014.
Sri Brojo Sundar Goswami,
son of late Pran Gopal Goswami,
carrying a small shop in the name and style of
“Ma Kalyaneshwari Bhandar” at
700/2, Sarat Chatterjee Road, P.S. Shibpur,
District – Howrah,
PIN – 711102. ………………………………………………………… COMPLAINANT.
Versus -
1. CESC Ltd.,
a limited company registered under the
Companies Act having its registered office
at CESC House, Chowringee Square,
Kolkata – 700 001, and also having its
Howrah Regional Office at
433/1, G.T . Road, P.S. Golabari,
District – Howrah.
2. District Engineer,
Howrah Regional Office
at 433/1, G.T. Road, P.S. Golabari,
District – Howrah. .
3. Sri Probodh Kumar Ganguly,
son of late Durgapada Ganguly
of 701/1, Sarat Chatterjee Road, P.S. Shibpur,
District – Howrah,
PIN – 711 102.
4. Sri Tarak Manna,
of 700/2, Sarat Chatterjee Road, P.S. Shibpur,
District – Howrah,
PIN – 711 102.……………………………………………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
The instant case was filed by complainantU/S 12 of theC.P.Act, 1986, as
amended against the O.P. nos. 1 & 2 CESC Ltd, alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the O.P. CESC Ltd, to provide new electric connection ( loop ) through separate meter at his occupied tenanted premises at 700/2, Sarat Chatterjee Road, P.S. Shibpur, District – Howrah- 2, together with compensation and litigation costs as the CESC Ltd, in spite of observing the necessary formalities by the complainant has been deferring the supply of electricity for want of free access at the complainant schedule tenanted premise.
The o.p. nos. 1 & 2, CESC Ltd in his written version stated that the
complainant already paid the MASD Bill and complied with all other formalities and that they have no objection in effecting the connection ( loop ) through installation of new meter if free and clear access is provided.
The o.p. no. 3 submitted his written version contended interalia that this
answering o.p. is the owner of 700/2, Sarat Chatterjee Road, P.S. Shibpur, in which complainant has been running a grocery shop within the said holding was inducted as a premises tenant and there was never any electricity within the property covered and the complainant used to enjoy electricity from the separate holding i.e., 700/2/1, Sarat Chatterjee Road, and the said holding is occupied by others i.e., o.p. no. 4. This answering o.p. further submits that there was / is no relation in between the complainant and this o.p. and the o.p. no. 4 has no obligation to render electricity to the complainant within the holding no. 700/2/1, Sarat Chatterjee Road, Howrah. Moreover, the Hon’ble Civil Judge ( Jr. Division ) 3rd Court, Howrah, vide his order dated 05-11-2014 ( T.S. No. 16733 of 2014 Probodh Kr. Ganguly vs. Brojo Sundar Goswami ) passed an interim injunction from restraining for constructing any new meter room till 04-12-2014 for providing electricity at the complainant’s premises. Hence, it is requested by this answering o.p. to dismiss the complainant with costs.
The o.p. no. 4 neither appeared nor submitted any written version. Accordingly
the case was heard ex parte against o.p. no. 4.
Upon pleadings of both parties two points arose for determination :
Is there any deficiency in service on the part of the O.P. nos. 1 & 2,
CESC Ltd ?
Whether the complainant isentitled to get any relief as prayed for ?
DECISION WITH REASONS :
Both the points aretaken up together for consideration. The o.p. nos. 1 & 2
have no objection in installing the new meter ( loop ) if they get free and clear passage.
The decision reported in ( 2010) 3 WBLR ( Cal ) 539 prescribes in no
uncertain terms that order of injunction granted by civil court cannot stand in the way of installation of electric connection as the complainant has a statutory right to call upon the CESC Ltd. to give him electricity. Therefore, the outcry raised by the o.p. CESC Ltd cannot have any leg to stand upon. Service of electricity is an emergency one. The bonafide claimant cannot be deprived of such right in view of the latest position of law.
Moreover, while going through the ad interim injunction dated 05-11-2014
passed by the Hon’ble Civil Court, Howrah, in the manner shall not take any right of the complainant to obtain new electricity through separate meter in his name in the suit property without destroying or dismantling of the suit property and without making pucca construction at a place in the suit property till 04-12-2014.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his demand requires to be fulfilled.
Both the points are accordingly disposed of.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 357 of 2014 ( HDF 357 of 2014 ) be and the same is allowed on contest against O.P. nos. 1 & 2 CESC Ltd. without costs and dismissed against the o.p. no. 3 and ex part against o.p. no. 4.
The O.P. no. 1 & 2 CESC Ltd, be directed for effecting connection through separate meter at the complainant occupied tenanted portion within 30 days from the date of this order keeping in view the ad interim order dated 05-11-2014 of the Hon’ble Civil Court, Howrah.
No costs both compensation and litigation are awarded.
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.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
