DATE OF FILING : 02-11-2012.
DATE OF S/R : 30-11-2012.
DATE OF FINAL ORDER : 05-02-2013.
Sabita Ghosh,
wife of Jaganath Ghosh,
residing at 1/24, Chandra Kumar Banerjee Lane,
Howrah – 711 102.------------------------------------------------------------- COMPLAINANT.
Versus -
1. CESC Ltd.
represented by the District Engineer,
Howrah Regional Office,
433/1, G.T. Road ( N ),
Howrah – 711 101.
2. The Deputy Manager ( Commercial ),
CESC Ltd., Howrah Regional Office,
433/1, G.T. Road ( North ),
Howrah – 711 101.
3. Tarun Kumar Ghosh,
s/o. lt. Ananga Mohan Ghosh,
residing at 1/24, Chandra Kumar Banerjee Lane,
Howrah – 711 102. ------------------------------------------------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.P. nos. 1& 2 alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 prays for direction upon the O.Ps., CESC Authority to install a separate meter ( loop ) at her premises situated at 1/24, Chandra Kumar Banerjee Lane, Howrah – 711 102 together with compensation and litigation costs has been deferring the supply of electricity on the plea for want of free / easy access to the complainant premises.
The brief facts of the case that the complainant submitted her application
on the dated 26-07-2010 after payment of EMD of Rs. 500/- for new metered supply ( loop ) at the scheduled place in the tone of load 0.40 kw. ( domestic ) and the same could not be accelerated due to objection raised by o.p. no. 3 including non availability of free access at the complainant premises and hence the case.
The o.p. nos. 1 & 2, CESC Ltd. in their written version admitted that the
facts for receiving the application of installation for a new meter supply (loop ) at the schedule premises for which attempts for inspection were conducted on the dated 05-08-2010 and 01-09-2010 but failed due to objection raised by the o.p. no. 3 and the same is duly informed to the complainant vide their letter dated 06-08-2012 and 04-09-2012. They further apprised that they are ready for installation of new meter if free and clear access at the complainant premises i.e., at the meter board is accessible because of the fact that they have received an objection letter from o.p. no. 3 namely Sri Tarun Kr. Ghosh and the same was forwarded to the complainant on 21-01-2011 and that to ready and willing to install the new meter at the premises of the complainant with police help.
The o.p. no. 3 in his written version opined that the complainant
suppressed the facts and the premises 1/24, Chandra Kumar Banerjee Lane, Howrah – 711 102, was / is the debattor property and made over to Ananga Mohan Ghosh and vested the sole sebait Shri Surendra Narayan Banerjee who subsequently made a lease in favour of Ananga Mohan Ghosh for the period of 20 years on 01-06-1957 and without misjoined and non joined of the necessary parties in this particular complain for which the complainant has no right, title, interest and possession in any inches of the schedule property covering by holding no. 1/24, Chandra Kumar Banerjee Lane, Howrah, against which the complainant prayed for metered connection and is not tenable and liable to be rejected with costs.
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 is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. Since the complainant applied for new metered connection (loop) with deposition of application money i.e. EMD of Rs. 500/- on the dated 26-07-2010 to the o.p. nos. 1 & 2 i.e. CESC Ltd. and is willing to install the meter ( loop ) at the scheduled meter
room of the complainant premises for which attempts for site inspection have been made twice by the CESC Ltd. and the same could not be conducted due to objection raised by the o.p. no. 3. The objection raised by the o.p. no. 3 cannot stand for installation of metered supply (loop) in accordance with provision of Section 43 of the Electricity Act, 2003, as an occupier of the property or a part thereof, the petitioner has a statutory right to call upon the distributor company ( herein licensee ) to give him / her electricity and once the requisite application was filed, the licensee incurred a statutory obligation to give him / her electricity simply because the petitioner is a party in the suits pending before the Civil Court or dismissed on default for non prosecution, the private party/ parties are not entitled to say that he / she cannot get electricity ( referring the case study [ ( 2010) (3) WBLR (Cal ) 539 before the Hon'ble High Court.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law her demand requires to be fulfilled. Points under consideration are accordingly decided.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 151 of 2012 ( HDF 151 of 2012 ) be and the same is allowed on contest against the o.p. nos. 1 & 2 and dismissed without cost against the o.p. no. 3.
The O.P. nos. 1 & 2 CESC Authority be directed to install the metered connection (loop) within 45 days after observing all other technical formalities including inspection / realization of MASD Bills in the residence of the complainant at the schedule premises from the date of this order giving top most priority.
The o.p. no. 3 is hereby restrained from causing any disturbances at the time of inspection / installation of metered connection (loop). If there is any resistance by anyone including the o.p. no. 3 against such metered connection (loop) to the scheduled premises, the o.p. nos. 1 & 2 CESC Authority shall be at liberty to take necessary assistance or protection from Howrah Police Station.
The I/C Howrah P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the CESC Authority for providing such metered supply to the complainant in case of approach made by 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.
