DATE OF FILING : 08.06.2015.
DATE OF S/R : 24.08.2015.
DATE OF FINAL ORDER : 30.11.2015.
Somenath Banerjee,
son of late Sailendra Nath Banerjee,
residing at 86/1, Goswamipara Road, P.S. Bally,
District Howrah.……... …..…………………………...……….…... COMPLAINANT.
1. District Engineer,
CESC Ltd., having its office at 433/1, G.T. Road ( N ),
P.S. Golabari, District Howrah,
PIN 711 101.
2. Kallal Pan,
son of Tarak Pan,
residing at 86/1, Goswamipara Road, P.O. and P.S. Bally,
District Howrah,
Howrah 711201.
3. Sayantan Pan,
son of late Nemai Pan,
residing at 86/1, Goswamipara Road, P.O. & P.S. Bally,
District Howrah,
PIN 711201.
4. Tarak Pan,
Residing at 86/1, Goswamipara Road,
P.O. and P.S. Bally, District Howrah,
PIN 711201.
5. Smt. Jharna Pan,
widow of late Nemai Pan,
residing at 86/1, Goswamipara Road,
P.O. and P.S. Bally, District Howrah,
PIN 711201. …… ……………...………………………………. 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
- The instant case was filed by complainant, Somenath Banerjee, U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 1, District Engineer, CESC Ltd., for effecting new service connection at his tenanted premises, to restrict the other o.ps. 2 to 5 to create any disturbance at the time of giving electric connection and to allow the prayer of police assistance, to pay Rs. 10,000/- as compensation for causing mental tension, agony and unnecessary harassment and Rs. 15,000/- for litigation costs along with other order and orders as the Forum may deem fit and proper.
- The brief facts of the case is that the mother of the complainant was a tenant under Biswanath Pan and residing at 86/1, Goswamipara Road, P.O. and P.S. Bally, District Howrah, PIN 711201, and after death of Biswanath Pan, complainant’s mother became the tenant of o.p. nos. 2 to 5. After demise of mother, complainant has been enjoying electricity from o.p. nos. 2 to 5 on mutual understanding. But as the charges claimed by the o.p. nos. 2 to 5 was abnormal, the complainant applied on 06.04.2015 for electric connection before the CESC Authority/ o.p. no. 1, at his tenanted portion and the CESC Authority made an inspection and sent MASD Bill for depositing Rs. 1,700/- vide Annexure. The MASD Bill was deposited on 30.04.2015 by the complainant. The men of o.p. no. 1 went to the spot of the complainant on 06.05.2015 for effecting separate electric connection but they failed to execute the work due to huge objection raised by o.p. nos. 2 to 5 and the o.p. no. 1 informed the same by a letter dated 11.05.2015 for arrangement of free access. A T.S. being No. 116 of 2013 was filed by the complainant before the Ld. 1st Civil Judge ( Jr. Division ), Howrah, for protection of the tenancy. In addition complainant filed an application under Order 39 Rules 1 and 2 with Section 151 of the Code of Civil Procedure and the ld. Court has been pleased to pass an order dated 23.05.2013 directing both the plaintiff and defendants to maintain status quo in respect of the schedule mentioned suit property. Here in this case complainant has prayed for the installation of electric connection at his tenanted portion.
- Notices were served upon the o.ps. All the o.ps. appeared and filed written version. So the case was heard on contest against all the o.ps.
4. Upon pleadings of 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 :
- Both the points are taken up together for consideration. We have carefully gone through the written versions and noted their contents. It is admitted that complainant applied for a separate electric connection at his tenanted portion and the CESC Ltd./ o.p. no.1 issued a MASD Bill in favour of the complainant and the complainant deposited MASD Bill and after that an attempt was made for effecting new connection by the o.p. no.1, CESC Authority, but due to objection raised by o.p. nos. 2 to 5 the installation work could not done by o.p. no. 1 which is also intimated to the complainant by o.p. no.1. Accordingly, there is no deficiency on the part of o.p. no. 1. It is also a fact that there is an interim order passed by the Ld. 1st Civil Judge, Jr. Division, Howrah, in T.S. No. 116 of 2013 for maintaining statusquo by both, the complainant and o.p. nos. 2 to 5. But in this present case complainant has prayed for installation of electric line at his tenanted portion . In modern days no one can live without electricity. It is a basic need to live in a civilized society. Light is off life is off. Accordingly complainant is very much entitled to the electric connection at the schedule premises as till date he is occupying the same.
Hence,
O R D E R E D
That the C. C. Case No. 215 of 2015 ( HDF 215 of 2015 ) be and the same is allowed in part on contest without costs as against the O.P. nos. 1 and dismissed as against the other o.ps.
The O.P. no. 1, CESC Authority, be directed to effect the electric connection at the tenanted portion of the complainant at the schedule premises being 86/1, Goswamipara Road, P.S. Bally, District Howrah, within 30 days from the date of this order with the help of local P.S. Bally. The I/C, Bally P.S., Howrah, is hereby directed to accord police assistance in this matter.
The o.p. nos. 2 to 5 are directed not to create any obstruction at the time of effecting electric line.
No order as to compensation as well as litigation costs.
The complainant is at liberty to put the decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
