Date of filing :26.09.2014
Date of S/R : 18.12.2014
Date of Order : 27.07.2015
Prakash Chandra Naskar
S/o Lt. Mohan Naskar,
Vill.- Hirapur (Zinzira Bandh Pathuatala)
P.O. –Hirapur, P.S. Sankrail,
District-Howrah-711310……………………………………………….Complainant
Vs.
1) CESC Ltd.,
Office at CESC House, Chowringhee Square,
Kolkata-700 001.
2) District Engineer, CESC Limited,
Howrah Regional Office,
433/1, G. T. Road (north), P.S.-Golabari,
Howrah-711101
3) Shri Lakshmi Roy, S/o- Lt. Mahendra Roy,
4)Sri Bablu Roy, S/o- Shri Lakshmi Roy
5) Sri Ashok Roy, S/o- Shri Lakshmi Roy
6) Sri Pranab Roy, S/o- Lt. Amal Roy
7) Smt. Chabi Roy, W/o , Lt. Amal Roy,
8) Shri Brahmbha Roy, S/o- Lt. Bhupati Roy,
9) Sri Sailen Roy, S/o Lt. Tulsi Roy,
10) Sri Samar Roy, S/o Lt. Tulsi Roy,
11) Sri Kashinath Roy, S/o Lt. Tulsi Roy,
No.s 3 to 11 are residing at
Vill.- Hirapur (Zinzira Bandh Pathuatala)
P.O. –Hirapur, P.S. Sankrail,
District-Howrah-711310……………………………………………………………O.P.
P R E S E N T
President : Shri B. D. Nanda.
Member : Smt. J. Saha
Member : Shri A. K. Pathak
This is an application U/s 12 of the Consumer Protection Act, filed by the Petitioner, Shri Prakash Ch. Naskar against the O.P.s, C.E.S.C Ltd. and ten others, praying for direction upon the O.P. No. 2 to lay underground cable to the four feet wide passage for effecting supply of electricity to the petitioner and also directing O.P. No. 3 to 11 not raising any objection at the time of giving such new service connection and directing the S.P. Rural Howrah rendering police assistance at the time of giving such electric connection.
The case of the petitioner is that he is owner of five Decimel of land in dag No. 3285 under LR Khatian No. 3195 at village Hirapur, P.S. Sankrail . and mutated his name in the settlement department duly after his purchase. He has his residential house and living with his family members . On the eastern side and northern side of his house there is 4 feet common passage which touches the Panchayet Road. There are other residents by the side of the common passage. The petitioner applied for separate domestic meter before O.P. 2 , District Engineer , CESC Ltd., who held inspection and as per order of CESC he deposited Rs. 7069/- on 14.7.2014. CESC has already layout under ground electric cable through the Panchayet road where from the common passage emerged. CESC came to render the service connection but the O.P.s 3 to 11 resisted illegally and the CESC though they have been electricity through the common passage. The petitioner suffer along with his family members and finding no alternative he filed the instant case.
The O.P. 1 & 2 CESC appeared in the case and filed separate written version denying the allegation made against them and submitted that the petitioner could not provide them smooth way-leave for drawing the electric line and installing the electric meter as his neighbour raised objection and they could not provide electricity to the petitioner and so there is no deficiency or unfair trade practice on their part.
O.P. No. 4,7,10 and 11 filed and W/V denying the allegation of the petitioner as false one and the case is harassing one . They denying all the allegation of the petitioner . They conceded that the adjoining one have their electric line through the Panchayet Road . Actually there was no existence of 4 feet common passage and the petitioner cannot enjoy the property of the opposite parties treating the same as common passage through which under ground electric line will be drawn. Thus the case against them be rejected.
On the above cases of the parties the following issues are frame :
- Is the case maintainable in the present form ?
- Has the petitioner any cause of action to file the case ?
- Whether any deficiency in service on the part of the O.P. No. 1 & 2 ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
All this issues are taken up together for the shake of convenience and brevity of discussion and to skip of reiteration . In support of his case the petitioner Prakesh Ch. Naskar filed affidavit as well as the documents like rough sketch map and the Mouja Map where from its notice that the petitioner has his house in its own purchased land and has been paying rents to the state of West Bengal in his own name . It also transpires that the side of the common passage there are not only houses of the neighbours of the petitioner but also that of the petitioner himself and in such houses of the neighbour there are electric line as is the case of the petitioner and the same has not been denied by the O.P. 3 to 8 by placing any cogent evidence rather they appear in the case and filed written version but did not continue in the case contesting the same though filed hazira on the last date of hearing on 08.07.2015 and not filing any BNA.
In the instant case the petitioner prayed for new electric connection and the CESC ready and willing to provide such connection to the petitioner and simple the local people obstructed the CESC to draw the line to the passage so they fail to provide the line and thus there is no deficiency in service or unfair trade practice on the part of the O.P. 1 & 2. The absence of O.P. No. 3 to 11 in the last part of hearing and not filing any BNA or filing any affidavit or any other documents in support of their case that the common passage belong to them only and the petitioner has got no right to draw his underground electric line through the passage. Thus the evidence filed by the petitioner is believed by the Forum and he has already deposited the security deposits and others and thus there is no bar in his getting new electric connection from the O.P. No. 1 & 2 in thus modern days when water and electricity is the primary needs of the residence in India.
In view of above discussion and finds the case of the petitioner is succeeds .
Hence,
Ordered,
That the Consumer Case No. 530/2014 be and the same is allowed in contest against the O.P.s but no order is passed as to cost considering the facts and circumstances of the case.
The petitioner is entitled is relief as prayed for except compensation as this Forum finds no latches on the part of the O.P. No. 1 & 2 who are directed to provide new electric service connection to the petitioner drawing their underground cable through the common passage as shown the petitioner in this case and install new electric meter and the O.P. No. 3 to 11 are directed not to create any obstruction while such electric service connection is provided to the petitioner and the S.P. Rural , Howrah is directed to provide necessary police assistance to the petitioner at the time of CESC providing such electric connection to the petitioner who would approach the S.P. Rural Howrah along with a copy of this order. The O.P.s are directed to comply the above order within 30 days from the date of this order failing the petitioner would be at liberty to put the final order for execution.
No order is made as to cost.
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
( B. D. Nanda)
President, C.D.R.F. Howrah
