DATE OF FILING : 09.09.2014.
DATE OF S/R : 09.12.2014.
DATE OF FINAL ORDER : 28.04.2015.
Debjit Dutta,
son of Sri Biswajit Dutta,
residing at 17, Swami Vivekananda Road, P.S. Shibpur,
District Howrah. ………... …..…………………………...……….…... COMPLAINANT.
Versus-
District Engineer,
CESC Ltd.,
having its regional office
at 433/1, G.T. Road ( North ),
Howrah 711101. ……………………………………………………….Opposite Party.
P R E S E N T
Member In Charge : Smt. Jhumki Saha.
Member : Shri Subrata Sarker.
F I N A L O R D E R
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. for effecting new electric connection in his residence, to pay a compensation of Rs. 10,000/- and litigation costs of Rs. 5,000/- along with other order/ orders as the Forum may deem fit and proper.
The case of the complainant, in brief, is that the complainant is residing at 17, Swami Vivekananda Road, P.S. Shibpur, District Howrah, PIN 71101. As he has no electric connection in his name, heapplied before the CESC Authority, herein o.p., for a domestic connection and deposited requisite fees of Rs. 200/- on 23.7.2014 vide application no. 88924838504.The o.p. issued EMD Bill of Rs. 200/- vide MA Bill no. 06/15544/14 dated 23.7.2014in favour of the complainant. After that o.p. informed the complainant that they shall carry an inspection on 24.7.2014 in presence of the complainant. O.p. did the inspection on 24.7.2014 and after inspection the o.p. wrote a letter dated 25.7.2014 vide Annexures stated that they are unable to provide any new electric connection in favour of the complainant because at the aforesaid property complainant has been enjoying electricity from an existing meter. Subsequently complainant visited the office of the o.p. and requested to give electric connection in his favour as he has been passing his days without electricity. But the o.p. did not pay any heed to his request. Being frustrated and finding no other alternative complainant filed this instant complaint with the aforesaid prayers.
Notice was served upon the o.p. O.p. appeared and filed written version. Accordingly the case was heard on contest against the o.p.
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 isentitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. The o.p. in his written version stated that after inspection it was observed that the complainant was enjoying electricity from meter no. 272229 under consumer no. 59011043025 which is standing in the name of his father Biswajit Dutta. To split the load, the applicant applied for a separate electric connection in his name. As per rules and regulations of the CESC Authority the application was rejected. Here we take pause. In the same premises there are other co-owners in whose names the o.p. has already effected separate electric connection. So it is not the fact that in a single premises, one single electric connection can only be given. As per Section 2(d) of the C.P. Act, 1986 ( as amended upto date ) the complainant is a consumer although o.p. has returned Rs. 200/- on 17.9.2014 which was accepted by them as EMD from the complainant. But by depositing Rs. 200/- with the o.p., complainant had promised to pay all future bills whichever would have been raised by the o.p. for all future consumption. So complainant is a consumer. The o.p. has not filed any evidential proof that the complainant is enjoying the electricity in any way. Mere submission without any evidence cannot debar the complainant from enjoying the electricity. Electricity is an emergency service. Light is off life is off. 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. 491 of 2014 ( HDF 491 of 2014 ) be and the same is allowed on contest with costs as against the O.P.
That the o.p. is directed to give electric connection in the name of the complainant by installing a separate meter at the scheduled premises after observing all official formalities within one month from the date of this order i.d., Rs. 50/- per day shall be charged.
That the o.p. is further directed to pay Rs. 1,000/- as litigation costs to the complainant within one month from the date of this order i.d., 9% interest shall be charged.
No order as to compensation.
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.
( Jhumki Saha )
Member In Charge, C.D.R.F.,Howrah.
