DATE OF FILING : 03/04/2014
DATE OF S/R : 14/05/2014
DATE OF FINAL ORDER : 25/09/2014
DIPAK DAS
S/O lt. Upendranath Das,
695, Sarat Chatterjee Road, P.S. Shibpur,
Howrah.----------------------------------------------------------------- COMPLAINANT.
- Versus -
1) CESC Ltd.
Office at 433, G.T. Road (N)
P.O. Golabari,
Howrah 711 101
2) District Engineer,
CESC Ltd.
Office at 433, G.T. Road (N) P.S. Golabari
Howrah 711 101
3) Padma Mukherjee
wife of late Tulsicharan Mukherjee,
residing at 695 Sarat Chatterjee Road, P.S. Shibpur
Howrah - 711 104. --------------------------------------------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
wherein the complainant has prayed for direction upon the O.P. nos. 1 & 2 CESC Ltd. to install new electric meter in his name at the holding no. 695, Sarat Chatterjee Road, P.S. Shibpur, Howrah, and to restrain the o.p. no. 3 and their men and agents from creating any obstruction to the men and agents of the O.P. nos. 1 & 2 CESC Ltd. at the time of installation of the new meter.
2. The O.P. nos. 1 & 2 CESC Ltd in their written version stated that
complainant already paid the MASD Bill of Rs. 1,630/- against quotation dated on 06-03-2014 and complied with all other formalities and that they have no objection to effect the connection ( loop) if free and clear access is provided.
3. Notice was served upon the o.p. no. 3 but neither she appeared nor she
submitted any written version. So the case was heard ex parte against her.
4. 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
CESC Ltd ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. From the available record it is noticed that the o.p. no. 3 filed a T.S. No. 194 of 2009 for eviction of the tenant ( herein the complainant ) before the ld. Civil Judge, ( Jr. Division ), Howrah, and upon contesting hearing the ld. Court was pleased to pass necessary order on the dated 30-08-2013 in favour of the opposite party no. 3 ( herein the landlord ) and to handover the peaceful khas possession to the landlord ( defendant ) namely Padma Mukherjee in respect of the suit property within 30 days from the date of that order. The complainant also filed a case being T.S. No. 94 of 2009 and upon contesting hearing the said suit was dismissed against the plaintiff namely Dipak Das directed to vacate the suit property. As the occupied portion of the complainant as a tenant has been evicted from his present portion and thereupon handed over the same to the defendant ( herein landlord Shri Padma Mukherjee ) and the complainant is already under eviction as per order of the Hon’ble Court ( Civil ) we have find no room for applying Section 43 of the Electricity Act to effect the connection at the tenanted portion of the complainant ( so called ). So the relief as sought for by the complainant will not be entertained at the present moment as there is no latches on the part of the licensee for non effecting the schedule electric connection ( loop ). Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 178 of 2014 ( HDF 178 of 2014 ) be and the same is dismissed without costs.
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.
