DATE OF FILING : 10/02/2014.
DATE OF S/R : 07/03/2014.
DATE OF FINAL ORDER : 27/08/2014.
SHIW SHANKAR SHAW
S/o lt. Jokhu Shaw,
32, Sanatan Mistry Lane, Salkia,
P.S. Golabari,
Howrah - 711 106.-------------------------------------------------------- COMPLAINANT.
- Versus -
1. Chandrabhan Singh,
S/O lt. Lakshmi Singh
2. Sanjay Kumar Singh
S/O Sri Chandrabhan Singh,
Both o.p. nos. 1 & 2 are residing at
46, Sanatan Mistry Lane, Salkia, P.S. Golabari
Howrah - 711 106
3. District Engineer,
CESC Limited,Howrah Regional office,
433/1, G.T. Road, (N)
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
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 3 to install new electric meter in his name at the holding no. 32, Sanatan Mistry Lane, Salkia, Howrah, and to restrain the o.p. nos. 1 & 2 and their men and agents from creating any obstruction to the men and agents of CESC Ltd. at the time of installation of the new meter.
2. The o.p. no. 3 in their written version stated that complainant already paid the MASD Bill on 23-12-2013 and complied with all other formalities on 23-12-2013; and that they have no objection in drawing the cable line and to install the new meter if free and clear access is provided.
3. The o.p. nos. 1 & 2 in their written version contended inter alia that the o.p. no. 1 is the owner of holding no. 44, Sanatan Mistry Lane ; that it is the only path available to reach the main road ; that the digging of the passage for drawing the cable line shall cause immense inconvenience to the residence of the neighbourhood ; that one civil suit is pending before the ld. 4th Civil Judge, Jr. Divisin, Howrah. So the complaint should be dismissed.
4. Upon pleadings of both 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. The o.p. no. 3 has no objection in drawing the cable line if they get free and clear passage. Ld. Lawyer for the o.p. nos. 1 & 2 vehemently opposed the movement of the complainant. Their plea that the digging of the passage shall cause immense difficulty to the o.p. nos. 1 & 2 and the residence of the neighbourhood is too fragile to merit acceptance. Even if the passage is dug for drawing the cable line, it is just a temporary affair. After installing the cable line the passage will be covered and the previous poition will be restored. The further argument that the complaint is not maintainable in view of the pendency of the civil suit is just bogus in view of the incorporation of Section 3 in the C.P. Act, 1986.
6. The decision reported in (2010) 3 WBLR ( Cal ) 539 prescribes in no uncertain terms that order of injunction or statuesque granted by civil courts cannot stand in the way of installation of electric connection as the complainant has a statutory right to call upon the CESC Ltd. to give him electricity. Therefore, the outcry raised by the o.p. no. 1 & 2 cannot have any legs to stand upon. Service of electricity is an emergency one. The bonafide claimant cannot be deprived of such right in view of the latest position of law.
We are, therefore, of the view that this is a fit case where the 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. 66 of 2014 ( HDF 66 of 2014 ) be and the same is allowed on contest as against the O.Ps.
No order as to costs.
The O.P. no. 3 be directed to draw cable line through the passage and to install new electric connection and meter in the name of the complainant at the holding no. 32, Sanatan Mistry Lane, Salkia, P.S. Golabari, Howrah, within 30 days from the date of this order.
The o.p. no. 3/ CESC Ltd. be further directed to restore the passage to its existing position.
The o.p. nos. 1 & 2 be restrained from obstructing the CESC men and agents while placing the cable connection failing legal consequences shall follow against them.
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.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
