DATE OF FILING : 21/05/2014
DATE OF S/R : 04/07/2014
DATE OF FINAL ORDER : 14/11/2014
Sri Jagdish Seth,
son of late Ram Narayan Seth,
residing at 58, Bijoy Kumar Mukherjee Road,
P.S. Golabari, District – Howrah,
PIN – 711 106……………………………………….……… COMPLAINANT.
- CESC Ltd.,
1, Chowringee Square,
Kolkata – 9.
- The District Engineer,
CESC Ltd., 433/1, G.T. Road ( North ),
Howrah – 711 101…………………………………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. CESC Authority, 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.Ps. CESC Authority, to effect new electric service connection through separate meter ( loop) at his meter room position for effecting power supply at his occupied tenanted premises at 56, Bijoy Kumar Mukherjee Road, Golabari, Howrah – 711106, together with compensation and litigation costs as the 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 premise i.e., at meter room position. .
The o.ps., CESCAuthority 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 through installation of new meter ( loop ) if free and clear access is provided.
Upon pleadings of both parties two points arose for determination :
Is there any deficiency in service on the part of the O.P. WBSEDCLAuthority
Whether the complainant isentitled to get any relief as prayed for
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. Since the complainant being a lawful occupier as a tenant is suffered for want of electricity and the o.ps., CESC are willing to effect the new service connection ( loop ) the objection raised by any for this new connection 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 his landlord – Is entitled to get electricity and enjoy same by due process of law. Reference W.B. no. 423 of 2010, dated 11-02-2011 before the Hon’ble High Court registered AIR 2011 Cal P-64 .
7. 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 landlord, in any, 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. 291 of 2014 ( HDF 291 of 2014 ) be and the same is allowed on contest against o.ps., CESC without cost.
The o.ps., CESC Authority, be directed for effecting the new service connection ( loop ) at the meter room position through separate meter to supply power at the complainant tenanted premises within 30 days from the date of this order.
If thereby any resistance by anyone against effecting the service connection at the complainant schedule premises the meter room position , the o.ps., CESC Authroity , shall be at liberty to take necessary assistance or protection from Golabari P.S. The O/C Golabari, P.S. shall be under obligation to provide necessary assistance or protection to the men and officer of the o.ps., CESC Authority, for providing connection at the meter room position to effect the connection in case of approach made by the o.ps., CESC Authority.
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.
