DATE OF FILING                    :     22.04.2015.

DATE OF S/R                            :      06.07.2015.

DATE OF FINAL ORDER      :     17.11.2015.

Salim Khan,

son of late Rahamat Khan,

residing at Sarenga, P.S. Sankrail,

District Howrah. ..……………………………………………………… COMPLAINANT.

• Versus   -

1.         District  Engineer,

CESC Ltd., 433/1, G.T. Road ( South ),

Howrah – 711101.

2.         The  Chairman,

CESC Ltd., CESC House, Chowringhee Square,

Kolkata 700001.……………………………………………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, Salim Khan of Sarenga under  P.S. Sankrail, against the District Engineer, CESC Ltd., and Chairman, CESC Ltd., praying  for a  direction upon the o.ps. to render new electric connection by installing new meter at his premises.  

2. The case of the petitioner is that he is a domestic consumer and prayed for a fresh electric connection on 17.3.2015 and paid the earnest money.  The o.ps. made inspection but neglected to give service connection.  The petitioner requested the o.ps. but they did not pay heed to him and so he filed this case as there is clear case of deficiency in service on the part of the O.Ps.  

3. The o.ps. contested the case by filing a written version denying the allegations made against them and submitted that the o.ps. inspected the premises when objection was raised and also the o.p. company received a petition U/S 144 Cr. P. C.  filed by  Smt. Puspa Bag. The o.ps. are duty bound and eager to cater supply of electricity to the intending consumer but the employees of the o.ps. should not be exposed to risk. Thus, the allegation is false and there is no deficiency in service on the part of the o.ps.

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

1. Is the case maintainable in its present form ?
2. Whether  there is  any deficiency in service on the part of the O.Ps., CESC Ltd. ?
3. Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. All the issues  are  taken up together for the sake of convenience and  brevity for discussion and to skip of reiteration. In support of his case, the petitioner filed affidavit and also the original documents being the bill showing deposit of earnest money and also one panchayat certificate and a letter of the District Engineer, CESC Ltd., for carrying out inspection in the address of the petitioner. This Forum heard the ld. counsel for the petitioner as well as the o.ps. and finds that the o.ps. failed to give connection as there was objection raised and the o.ps. also received the petition U/S 144 Cr. P.C. and expecting violence they could not give service though being a statutory service provider they are always ready and willing to give service and asked the petitioner to take steps. Thus this Forum finds no deficiency in service on the part of the o.ps., CESC Ltd., and also the petitioner did not pray for compensation against the o.ps. Being a resident under the jurisdiction of this service provider the petitioner is entitled to electric connection which is one of the basic need of the day and the o.ps. being service provider have the boundent duty   to provide such service.

In view of above this Forum finds that the petitioner succeeded in proving his case and is entitled to fresh electric connection to his premises by installing a new electric meter.

Court fee paid is correct.

In the result, the application succeeds.

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. Case No. 154 of 2015 ( HDF 154 of 2015 )  be and the same is allowed  on contest but  without  costs. 

      The petitioner, Salim Khan, is entitled to fresh electric connection and the o.p., CESC Ltd., are directed to render such fresh electric connection to the petitioner after installing  a new meter within 30 days from the date of this order failing the petitioner would be at liberty to put the order in execution and in case of any obstruction the petitioner  as well as the o.ps. are to take the help of the local police station for compliance of the order.

      The complainant is at liberty to put the final order into execution after expiry of the appeal period if there is no compliance.

      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.