DATE OF FILING                    :     06/12/2013

DATE OF S/R                            :      05/02/2013

DATE OF FINAL ORDER      :     26/12/2014

SK. GIASUDDIN

S/O. late Sk. Makhdoom Hossain,

resident of  holding no. 79/1, Mollarpur Lane, P.S.- Shibpur,

Dist  Howrah.……………………………………………………  COMPLAINANT.

-          Versus   -

1)Dist Engineer, CESC Ltd.,

433/1, G.T. Road (N), P.S. Goliabari,

Dist Howrah.

2)Sk. Kadam Rasul,

S/O lt. Sk. Mohammad Hossain,

79/1, Mollapara Lane, P.S. Shibpur

Dist Howrah

3)Sk. Subid Ali,

S/O lt. Sk. Mohammad Hossain,

79/1, Mollapara Lane, P.S. Shibpur

Dist Howrah

4)Sk. Sahabuddin

S/O lt. Sk. Mohammad Hossain,

79/1, Mollapara Lane, P.S. Shibpur

Dist Howrah

5)Sk. Allauddin

S/O lt. Sk. Mohammad Hossain,

79/1, Mollapara Lane, P.S. Shibpur

Dist Howrah

6)Sk. Nasiruddin

S/O lt. Sk. Mohammad Hossain,

79/1, Mollapara Lane, P.S. Shibpur

Dist Howrah ……………………………………………OPPOSITE PARTIES.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

                                                 F   I   N   A    L       O   R   D    E     R

1.                  The instant case  filed by complainant U/S 12 of the C.P. Act, 1986 as

amended against the O.P. no. 1 i.e., CESC Authority alleging deficiency in service U/S 2(1)(g)& 2(1)(o) prayed for direction upon the O.P. no. 1  i.e., CESC Authority  to provide power supply through separate service connection  by installation of separate meter  together with compensation and litigation costs as the O.P. namely O.P. no. 1 i.e., 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 meter room position where meter is to be installed for separate connection ( loop ).

2.The brief facts of the case is that the complainant being a co sharer    applied before the  O.P. no. 1  i.e., CESC Authority on 14-11-2013 and duly been registered by the licensee  with EMD for Rs. 200/- for installation of separate meter at the meter room position to effect the power supply   at the   schedule premises of the complainant. The  inspection was scheduled to be fixed on 20.11.2013 and could not be accelerated by the licensee i.e. CESC Authority due to objection raised by the O.P. nos. 2 to 6. Hence the case.

3.                  The o.p. no. 1 in their  written version contended interalia that at the time of inspection the O.P. nos. 2 to 6  raised objection against the proposed installation of separate meter for new electric service connection ( loop )   and   ready and willing to  effect the electric connection at his tenanted   portion of the complainant if free access is available at the schedule meter room  premises where new meter is to be installed (loop).

4.The O.P. nos. 2, 4 & 6 on the other hand vide their written version  stated that

the instant o.p. no. 2, 4 to 6 filed a suit against the complainant being T.S. No. 99 of 2012 pending before the Ld. Civil Judge ( Jr. Division ), Howrah, for eviction of licensee and as such complainant got no right to get any electricity from the CESC Authroity and the complaint as made by the complainant is vague, baseless and as such the complainant is not entitled to get any relief as prayed for against which the case may be dismissed with costs.  

5.The name of the o.p. no. 3 has been expunged as per written petition filed by

the complainant vide order no. 5 dated 31-03-2014. So question of filing W.V. does not arise at this stage.

6. 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      :

7.Both the points are  taken up together for consideration. Since the complainant being a lawful occupier   is suffered for want of electricity as prayed for before  the O.P.  1, and the o.p. no. 1 is  willing to effect  the new service connection ( loop), the objection raised by the O.P. nos. 2, 4 to 6   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 co sharer    – Is entitled to get electricity and enjoy the same until he is evicted  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 ].

8.From the above we have our considered opinion that under Section 43 of the 

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 other co-sharers, if any,  the electric connection cannot change nature and character. 

            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. 427 of 2013 ( HDF 427 of 2013 )  be  and the same is allowed on contest against o.p. no. 1  and dismissed against o.p. nos. 2, 4 to 6 but without cost.

      The O.P. no. 1 CESC Ltd. be directed to provide new service connection (loop) by installing separate meter at the meter room position after conducting site inspection with realizing MASD Bill within 45 days from the date of this order giving top most priority. 

           The o.p. nos. 2, 4 to 6  are  hereby restrained from causing any disturbance at the time of effecting the new service connection at the schedule  tenanted premises by installing separate meter at the meter room premises as mentioned in the complaint i.e., 30, Madusudan Pal, Chowdhury 1st Lane, P.S. Bantra, Howrah 711 101.

      If thereby any resistance by anyone including the o.p. nos. 2, 4 to 6  against this new service connection, the o.p. no. 1  CESC Ltd. shall be at liberty to take necessary assistance or protection from Shibpur  P.S. The I/C Shibpur, P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the CESC Ltd. for providing  power supply to the complainant in case of approach made by the CESC Ltd.

      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 )                                                                     

   President –In-Charge,                                                                     

    C.D.R.F.,Howrah.