DATE OF FILING : 13-06-2012.
DATE OF S/R : 20-07-2012.
DATE OF FINAL ORDER : 09-10-2012.
Sahadeb Das,
son of late Nilu Das,
residing at 85/2, Abhoy Guha Road,
P.S. Bally, District –Howrah------------------------------------------------- COMPLAINANT.
- Versus -
1. CESC Ltd.
a company registered under the
Companies Act, having its registered office
at CESC House, Chowringhee Square,
Kolkata – 700001.
2. Deputy Chief Engineer ( Distribution ),
CESC Ltd., Poddar C ourt,
18, Rabindra Sarani, Kolkata – 1.
3. District Engineer,
Howrah Regional Office,
443/1, G.T. Road ( N ),
Howrah – 711 101.
4. Sri Dinesh Jhunjhunwala,
son of late Brahamdutt Jhunjhunwal
of 58, Judges’ Court Road, Alipore ( 3rd floor ),
Kolkata – 27. -------------------------------------------------------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,
as amended against the O.Ps. alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant, Sahadeb Das, son of late Nilu Das, residing at 85/2, Abhoy Guha Road, P.S. Bally, District – Howrah, has prayed for direction upon the O.P. nos. 1, 2 & 3, CESC Authority for installation of electric meter with new connection in the name of the complainant together with the prayer for damages, litigation costs and other reliefs as the o.ps. did not supply the electricity and install the new meter in spite of discharging the formalities as required by the complainant.
2. The o.p. nos. 1, 2 & 3 in filing separate written version contended interalia
that they received an application on 11-05-2007 for new service at the residential address of the complainant ; inspection was carried out and completed on 19-05-2007 ; that the applicant complied all formalities including payment of MASD Bill on 10-07-2007 ; that the execution of the job could not be proceeded for absence of any meter board shed ; that after completion of the meter board shed the o.ps. tried to execute the job on 17-03-2008 but the same could not be executed for objection raised by local inmates.
3. The o.p. no. 4 in filing separate written version contended interalia that
the complainant is not at all concerned with holding no. 85/2, Abhoy Guha Road ; that his father of the o.p. no. 4 was the owner of the same holding ; that the present application is a rank outsider ; that he is not at all an employee under the o.p. no. 4 and as such he has no right to install new meter with electric connection ; that his prayer is thoroughly motivated, malafide and requires to be rejected.
4. Upon pleadings of the parties the following points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
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. Admittedly the father of the complainant lt. Nilu Das was an employee under the father of the o.p. no. 4. The voter list as enclosed on behalf of the complainant discloses his residential address of the complainant and his family members is 85/2, Girish Ghosh Road, Bally, Howrah. The photo copy of the T.S. No. 373 of 1983 filed by one Sushil Kr. Jhunjhunwala and others against the father of the present complainant further discloses that Nilu Das used to reside at the schedule address and the suit was filed for eviction of Nilu Das. The suit was ultimately dismissed on contest with costs against Sushil Kr. Jhunjhunwala and others. One writ petition was filed by the complainant before the Hon’ble Court wherein the address of the complainant Sahadeb Das stands as 85/2, Abhay Ghosh Road etc. These documents unerringly show that the complainant has been residing in the same residence since long. All the attempts on the part of the predecessor in interest of the o.p no. 4 ended in fiasco to cause eviction of the complainant. Therefore, the dispute that the complainant is a rank outsider or trespasser is set at rest. He has been residing there since the time of his father uninterruptedly as a tenant. Therefore, he cannot be denied the provision of the electric connection.
6. The o.p. CESC Authority has no objection in drawing new connection through new meter. The site of the meter board shed has already been constructed. MASD Bill has already been paid. Therefore, we are of the view that this is a fit case for granting relief to the complainant as prayed for.
Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 60 of 2012 ( HDF 60 of 2012 ) be and the same is allowed on contest as against the o.p. nos. 1, 2 & 3 without cost and dismissed against the O.P. no. 4 but without cost.
The O.P. nos. 1, 2 & 3, CESC Authority be directed to install electric meter through new connection in the name of the complainant at his residence within 30 days from the date of this order. If there be any resistance by anyone including the o.p. no. 4 against such supply of electricity in the said premises, CESC Authority will be at liberty to take necessary assistance, or protection from Bally P.S. The I/C, Bally P.S. will be under obligation to provide necessary assistance or protection to the men and officers of the CESC Authority for providing such supply to the complainant in case of approach made by the CESC Authority.
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.
