DATE OF FILING                    :     10.07.2014.

DATE OF S/R                            :      10.11.2014.

DATE OF FINAL ORDER      :     21.08.2015.

1.         Shaikh Anwar Ali,

son of Mohammed Zikria,

2.         Kripasankar Misra,

son of Adityanarayan Misra,

3.         Shaikh Samsuddin,

son of  lt. Mohammed Ismail,

of  510, G.T.  Road ( S ),

P.S. & District Howrah.…………………………………… COMPLAINANTS.

- Versus   -

1. District Engineer,

CESC Ltd., Howrah Regional Office,

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

District Howrah.

2. Ratanlal Agarwal,

son of lt. Madanlal Agarwal.

3. Mohammed Yasin,

both of 510, G.T. Road ( S ),

P.S. & District Howrah,

PIN 1. ………….…………………………………………OPPOSITE PARTIES.

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak.      

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sk. Anwar Ali, and two others, against the o.p. no. 1, District Engineer, CESC Ltd., Howrah Regional Office, and two other o.ps., praying for a direction on the o.p. nos. 2 & 3 to remove the pad lock from the shop room of o.p. no. 2 so that the o.p. no. 1 gets access into the meter board and take the reading of meters of shop rooms and direct the o.ps. further for payment of compensation for 2 lakhs and cost of proceeding.  

2. The case of the petitioners is that they are bonafide tenants in respect of the tenanted portion situated at 510,  G.T. Road, under o.p. no. 3 and they have been enjoying electricity from the o.p. no. 1 through their electric meters installed in the above premises.  They also paid the consumption charges to the o.p. no. 1.  The meters of the petitioners are lying in the shop room of o.p. no. 2 and the o.p. nos. 2 & 3 are in collusion with anti socials put pad lock in the shop  room of o.p. no. 2  in January, 2014 resulting the o.p. no. 1 gets no access for taking meter reading and also the o.p. no. 1 sending average bills and no repair work could be done by o.p. no. 1.   On 24.04.2014 the o.p. no. 1 in collusion with o.p. nos. 2 and 3 sent a disconnection notice to the petitioners alleging they have no access to the meter room where the meters are installed. The o.p. no. 2 did not remove the pad lock compelling the petitioners to file the case with the above prayers.

3. The o.p. no. 2 contested the case by filing  written version denying the allegations made against him and submitted that the case is not maintainable and a false one. He further submitted that the petitioner no. 3, Shaikh Samsuddin, suffers from electricity and the case has been pending before the 4^th A.D.J., Howrah. Repair work has been going on but the o.p. no. 3 objected and stopped the same and put pad lock on the gate of the shop room of o.p. no. 2 along with his pad lock. Police was informed and visited the locale and all the pad locks opened and meter reading taken. O.P. no. 3 also filed  MISC Petition and Title Suit and got ex parte order in the  title suit. In prayer o.p.no. 2 submitted that the agents of CESC Ltd. can get free access into the meter board.

4. The o.p. no. 1 appeared in the case and submitted that there is no deficiency in service on their part and there is actually dispute between the claimant and the o.p. nos. 2 & 3. No access is given to the o.p. no. 1 for taking meter reading and so average bill is given and the instant case to be dismissed.  

5. Upon pleadings of  parties the following  points arose for determination :

1. Is the case maintainable in its present form ?
2. Whether the petitioner has any cause of action to file the case ?
3. Whether  there is  any deficiency in service on the part of the O.P.,CESC Ltd. ?

2. Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4. All the issues  are  taken up together for the sake of convenience and  brevity for discussion and to skip of reiteration. On scrutiny of the record it is noticed that in this case the petitioners Shaikh Anwar  Ali & others prayed before the Forum for a direction upon the o.p. nos. 2 & 3 to remove the pad lock from the shop room of o.p. no. 2 so that the men and  agents of o.p. no. 1, CESC Ltd., could get free access into the meter room and get proper reading and sent proper bill and also for repair the meters of the petitioners. In his written version the o.p. no. 2 also submitted and prayed before the Forum to direct the o.p. no. 3  to open his pad lock so that the CESC men and agents could get free access to the meter board position. O.p. no. 3, Mohammed Yasin,  though appeared in the case but did not contest later on and the case is heard ex parte against him.  The o.p. no. 1, CESC Ltd., submitted that there is no deficiency in service on their part and so the case be dismissed against them and they want their men to have free access into the meter room.  Thus, none of the parties are against the prayer of the petitioners who prayed for removal of locks from the shop room of o.p. no. 2 and no obstruction to the CESC people for getting the meter reading.  Thus this Forum finds that actually there might be some private dispute between the parties but the o.p. no. 1, CESC Ltd., being obstructed are unable to take the meter reading be compelled them to send average bills to the consumers namely petitioners as well as the o.ps. who all under electricity for running their business and for other purpose and for the same purpose meter readings are necessary for sending the correct bills to the petitioners as well as the o.ps.

5. In view of above this Forum finds that the petitioners prayed for a direction so that the room of o.p. no. 2 is kept open and the o.p. no. 2 also conceded their prayer thus there is nothing to obstruct the men of CESC Ltd.  to enter into the room of o.p. no. 2 for repair as well as getting proper reading of the meter.             

      Hence,

                       O     R     D      E      R      E        D

      That the C. C. Case No. 388  of 2014 ( HDF 388 of 2014 )  be and the same is allowed on contest against the o.p. nos. 1 & 2 and ex parte against the o.p. no. 3 with costs of  Rs. 3,000/-. 

      The prayers of the petitioners are allowed and the  O.P. no. 1 is directed to get the meters of the petitioners repaired and get proper reading and the o.p. nos. 2 & 3 are directed not to put any pad lock in the room of o.p. no. 2 and all O.Ps. to comply the order within 30 days from the date of this order so that the o.p. no. 1 could get free access for meter reading and repair and the o.ps. failing to comply the order within the stipulated time the petitioners would be liberty  to put the final order  in execution after expiry of the stipulated period.

            Supply the copies of the order to the parties, as per rule.

     DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.