DATE OF FILING : 09-05-2012.
DATE OF S/R : 21-06-2012.
DATE OF FINAL ORDER : 31-08-2012.
Sri Sudhir Boilay,,
son of late Mohan Chandra Boilay,
residing at Village – Manickpur Kalitala ( Paschimpara ),
P.O. Delta Mill, P.S. Sankrail ( Manickpur I/C),
District –Howrah,-------------------------------------------------------------- COMPLAINANT.
- Versus -
1. The CESC Ltd.
having its registered office at CESC House,
Chowranghee Square,
Kolkata – 700001.
2. The District Engineer,
The CESC Ltd., Howrah Regional Office,
433/1, G.T. Road ( North ), P.S. Golabari,
District – Howrah.
3. Sri Joydev Mondal,
son of late Jatin Mondal,
4. Sri Gopal Mondal,
5. Sri Nemai Mondal,
6. Shri Ashoke Mondal,
7. Sri Bipin Mondal,
o.p. nos. 4 to 7 all are sons of
Sri Joydev Mondal.
8. Sri Sankar Mondal,
Son of late Basanta Mondal,
9. Sri Binod Mondal,
10. Sri Lakshmi Kanta Mondal,
11. Sri Haradhan Mondal
o.p. nos. 9 to 11 all are sons of late Bijoy Mondal,
o.p. nos. 3 to 11 all are residing at
village – Manickpur Kalita ( Pashchimpara ),
P.O. Delta Mill, P.S. Sankrail ( Manickpur I/C ),
District – Howrah,
PIN – 711309. --------------------------------------------------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 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 has prayed for direction upon the O.P. nos. 1 & 2, CESC Ltd. to lay out underground cable to provide new electric
service connection by installing new domestic electric meter at the premises no. 130 and 131 in Mouza Mnickpur, P.S. Sankrail, District – Howrah, and to restrain o.p. nos. 3 to 11 from raising any obstruction against such installation.
2. The O.P. nos. 1 & 2, CESC Authority stated in their written version that the complainant paid MASD Bill ; that attempt was made in laying the cable through common passage ; that the job could not be complied for forcible and unauthorized objection at the site raised by o.p. nos. 3 to 11 ; that o.p. CESC Ltd. has no latches and negligence in installing the meter in question ; that they are ready to complete the job if free access is available.
3. The o.p. nos. 3 to 11 in their written version stated that the common passage is not used by the complainant and his family members as passage for long 50 years as alleged ; that there was partition suit being no. T.S. 34 of 1996 for the identical dispute ; that there is no path way demarcated to the property of the complainant through which electricity can be installed ; that the suit land is under civil dispute, no electricity can be installed at the premises of the complainant. So the complaint is liable to be dismissed.
4. Upon pleadings of parties two 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. Admitted position is that on receiving a sum of Rs. 9,698/- the CESC Ltd. proceeded to the complainant’s premises for installation of meter for providing new service connection by way of laying out of cable through 4 ft. wide common passage. But unfortunately the job could not be completed for strong resistance on the part of the o.p. nos. 3 to 11.
6. Whatever be the litigating history of the parties or whatever be the apple of discord between the complainant and o.p. nos. 3 to 11, this Forum is meant for giving speedy relief to the bonafide consumers. The CESC Ltd. is ready to provide electric connection but the same could not be rendered for the objection raised on the o.p. nos. 3 to 11. As per the present position of law a consumer cannot be deprived from electricity, nor can he be forced to live in darkness when he is ready to bear the cost. If the connection is drawn by way of laying out cable through the 4 ft. wide common passage, the o.p. nos. 3 to 11 are not going to suffer. The dog and manger policy as adopted by the o.p. nos. 3 to 11 cannot be supported from the point of view of law.
Therefore, we are of the view that this is a fit case where prayer of the complainant shall be allowed. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 41 of 2012 ( HDF 41 of 2012 ) be and the same is allowed on contest as against O.P. nos. 1 & 2 without cost and dismissed without cost against O.P. nos. 3 to 11 .
The O.P. nos. 1 & 2 CESC Authority be directed to provide new electric service connection by way of laying out underground cable and to install new domestic electric meter in the name of the complainant at his premises no. 130 and 131 under LR Khatian No. 1655 in Mouza Mnickpur, P.S. Sankrail, District – Howrah.
If there be any resistance by anyone including the o.p. nos. 3 to 11 against such supply of electricity in the said premises, CESC Ltd. shall be at liberty to take necessary assistance or protection from P.S. Sankrail. The I/C, Sankrail P.S. shall be under obligation to provide necessary assistance and protection to the men, agents and officers of the CESC Ltd. for providing such supply to the complainant in case of approach made by the CESC Authority.
The Superintendent of Police, Howrah (Rural), District – Howrah, shall also be under obligation to pass necessary direction upon the I/C, Sankrail P.S., to ward off any resistance from the o.p. nos. 3 to 11 in case of approach made by the CESC Authority.
No order as to costs.
Supply the copies of the order to the parties, as per rule.
Copies of the judgment be communicated to the Superintendent of Police (Rural), Howrah, as well as to I/C, Sankrail P.S., Howrah, for information and necessary action.
