DATE OF FILING : 06-05-2014.
DATE OF S/R : 11-07-2014.
DATE OF FINAL ORDER : 09-12-2014.
Sri Rina Begum,
wife of Najrul Islam,
of 376/2, Sarat Chatterjee Road, H.I.T. Park, P.S. Shibpur,
District – Howrah,
PIN – 711102…………………………………………..COMPLAINANT.
Versus -
The CESC Ltd.,
Consumer’s Assistance Cell, CESC House,
Chowringhee Square,
Kolkata – 700001..
TheDistrict Engineer,
CESC Ltd.,
having its regional office at
433/1, G.T. Road ( North ), P.S. Golabari,
District – Howrah.
Mehabub Khan ( Bapi ),
son of late Jahir Khan,
376/2, Sarat Chatterjee Road, H.I.T. Park, P.S. Shibpur,
Howrah – 711102.
Khukumani Begum,
wife of Jainal Khan, Sukhen Das ( Majhi),
376/2, Sarat Chatterjee Road, H.I.T. Park, P.S. Shibpur,
Howrah – 711102………………………………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 casefiled by complainant U/S 12 of the C.P. Act, 1986 as amended against the O.P. nos. 1 & 2 i.e., CESC Authority alleging deficiency in service U/S 2(1)(g) & 2(1)(o) prayed for direction upon the O.P. nos. 1 & 2 i.e., CESC Authority to provide power supply through separate meter (loop) from the common meter room together with compensation and litigation costs as the O.P. nos. 1 & 2 i.e., CESC Authority 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 premises.
The brief facts of the case is that the complainant being an occupier applied before the O.P. nos. 1 & 2 i.e., CESC Authority on 04-04-2014 and duly been registered by the licensee with EMD for Rs. 200/- for new service connection through separate meter ( loop ) at the schedule premises. The inspection was scheduled to be fixed on 08-04-2014 and could not be accelerated by the licensee i.e. CESC Authority due to objection raised by the O.P. no. 3 . Hence the case.
- The o.p. nos. 1 & 2 in their written version contended interalia that at the time of inspection the O.P. no. 3 raised objection against the proposed new electric service connection through separate meter from the common meter room and ready and willing to effect the electric connection at his occupied portion of the complainant if free access is available at the schedule premises.
- The O.P. no. 3 on the other hand vide their written version stated that the actual owner of the premises 376/2, Sarat Chatterjee Road, Howrah, is Rabia Begum, wife of Zahid Khan and that to this answering o.ps. is the only son of Rabia Begum (since deceased ) and supposed to the absolute owner in question for which the complainant should not make any agreement with anyone except this answering o.p. for which the instant complainant is liable to be dismissed accordingly.
- Notice was served upon to the o.p. no. 4 and the same is returned with the postal remarks ‘left without information’ which is a good service as per Apex Court order in which ex parte order against this o.p.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant isentitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points aretaken up together for consideration. Since the complainant being a lawful occupier is suffered for want of electricity and the O.P. nos. 1 & 2 are willing to effect the new service connection, the objection raised by the O.P. no. 3 ( co-sharer ) cannot sustain at this critical juncture as per Electricity Act ( 36 of 2003 ), Ss 43, 176, 67 – Works of Licensee Rules ( 2006 ) which runs as under :
“Persons in settled possession of property be it trespasser, unauthorized encroacher squatter of any premises, can apply for supply electricity without consent of co-sharer – Is entitled to get electricity and enjoy same [ Reference W.B. no. 423 of 2010, dated 11-02-2011 before the Hon’ble High Court registered AIR 2011 Cal P-64 ].
- From the above we have our considered opinion that under Section 43 of Electricity Act, 2003, occupier has a statutory right, and licensee as distribution company has a statutory obligation to give electric connection to occupier – Pendency of suit with the other co-sharers with interim injunction against the petitioner, the electric connection cannot change nature and character of the property.
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. 271 of 2014 ( HDF 271 of 2014 ) be and the same is allowed on contest against o.p. nos. 1 & 2 and dismissed against o.p. nos. 3 without costs and ex parte against o.p. no. 4 without costs. .
The O.P. nos. 1& 2 CESC Ltd. be directed to provide new service connection after conducting site inspection with realizing MASD Bill if require within 45 days from the date of this order giving top most priority.
The o.p. no. 3 is hereby restrained from causing any disturbance at the time of effecting the new service connection at the schedule meter room position at premises as mentioned in the complaint i.e., holding no. Fir-2ND, 376/2, Sarat C hatterjee Road, Howrah – 711103.
If thereby any resistance by anyone including the o.p. no. 3 against this new service connection, the o.p. no. 1 & 2, CESC Ltd. shall be at liberty to take necessary assistance or protection from Shibpur P.S. The I/C Shibpur P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the CESC Ltd. for providing power supply to the complainant in case of approach made by the CESC Ltd.
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.
