DATE OF FILING : 31-01-2013. DATE OF S/R : 25-02-2013. DATE OF FINAL ORDER : 10-05-2013. Smt. Pusparani Kar, wife of late Mangal Kar, Residing at 19/2/1, Deshpran Shasmal Road, P.S. Bantra, District –Howrah.------------------------------------------------------------- COMPLAINANT. - Versus - 1. District Engineer, CESC Limited, 433/1, G.T. Road ( North ), Howrah – 711 101. 2. The Chairman, CESC Limited, CESC House, Chowringhee Square, Kolkata – 700 001. 3. Sri Kishuni Das, , son of late Ramashish Das, of 19/3/1, Deshpran SAshmal Road, P.S. Bantra, District – Howrah.-------------------------------------------------OPPOSITE PARTIES. P R E S E N T President –in-charge : 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.P. nos. 1 & 2 alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction upon the O.P. nos. 1 & 2 i.e., CESC Authority for installation of new meter ( loop connection) of the petitioner at 19/2/1, Daspran Shasmal Road, P.S. Bantra, District - Howrah, at the meter board already fixed after complying necessary formalities and for further order for police help if any obstruction or disturbance is caused by the O.P. no. 3 to the said premises. 2. The o.ps. CESC Authority in their written version admitted that the complainant applied with deposition of Rs. 200/- as EMD but the meter cannot be installed owing to the objection raised by one Kishuni Das , O.P. no. 3. They have no objection for installation of the same if the O.P. no. 3 is restrained. 3. 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 : 4. Both the points are taken up together for consideration. Admittedly the complainant complied with all necessary formalities. It appears that the O.P. nos. 1 & 2 being a public utility concern is eager to cater supply to the intending consumer, i.e. complainant. There is no deficiency in service on their part and nor did they commit any unfair trade practice. Their inability to install the meter was due to the objection raised by the 3rd party. But the fact remains that the original applicant expired and as such the present complainant is required to make separate application in her own name for obtaining the new meter. 5. In the result, we are of the view that the complainant is entitled to the relief as prayed for. The points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 25 of 2013 ( HDF 25 of 2013 ) be allowed on contest without costs against the O.P. nos. 1 & 2 and dismissed against the rest without cost. The O.P. nos. 1 & 2 CESC Authority be directed to install a new meter at 19/2/1, Deshpran Shasmal Road, P.S. Bantra, District – Howrah, at the meter board fixed earlier, giving opportunity to the complainant to comply all necessary formalities including deposition of MASD Bill followed by inspection within 45 days from the date of this order. If there be any resistance by anyone including the O.P. no. 3 against such supply of electricity in the said schedule premises, the O.P. no. 1 & 2 i.e., CESC Authority shall be at liberty to take necessary assistance or protection from Bantra P.S. The I/C, Bantra P.S. shall 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 premises in case of approach made by 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. |