The present case is filed by one Shri Sankarlal Joshi against District Engineer, CESC Ltd., praying for a direction upon the OP to install new electric meter in the name of the Complainant and some other reliefs as stated in the petition of complaint, including compensation and litigation cost.
Case of the Complainant, in short, is that he is residing as a tenant in a ground floor flat situated at 60/94, Haripada Dutta Lane, P.S. Jadavpur, Kolkata – 700 033. He applied for an electric connection at the schedule premises and paid requisite fees to the OP on 13-05-2016. However, the OP, vide its letter dated 16-05-2016, turned down his request for electric connection on the ground that he was enjoying electricity from an existing meter which is not true. It is alleged that no physical inspection was at all carried out by the men of OP. Hence, this case.
OP contested the case by filing WV, whereby it denied all the material allegations of the complaint. It is the case of this OP that Complainant applied for new electric connection on 13-05-2016 and accordingly, men of went to the spot to carry out due inspection on 14-05-2016. But, on the face of strong resistance put forth by one Sri Prasanta Pathak, the OP had to retreat without inspection. It is further stated that during inspection, it was observed that the Complainant resides there as a tenant and he was getting supply from meter no. 4986609 under consumer no. 0717510100 registered in the name of Smt. Kalyani Pathak. So, the OP sent a letter to the Complainant on 16-05-2016 expressing its inability to accede to the request of the Complainant for separate meter supply as the existing meter from which he was getting supply had adequate capacity to cater to his load requirement as applied for. It is also stated that the OP again visited the said premises for inspection when it found that Smt. Kalyani Pathak, the registered consumer, from whom the applicant was getting supply, had stopped providing supply to the Complainant. Denying any laches on its part, the OP prayed for dismissal of this case.
The moot point for consideration is whether the Complainant is entitled to the reliefs sought for by him.
Decision with reasons
In support of his claim, Complainant has furnished photocopies of his Voter I-Card, Aadhar Card, Rent Control Challan dated 22-04-2016 showing payment of rent.
Undisputedly, Complainant applied for a domestic service connection to fulfill his electricity need before the OP on 13-05-2016 after paying requisite fees thereof. There is no dispute as to the fact either that the Complainant is residing at the schedule premises as a tenant and presently he does not have any electric connection.
It appears there remains a tenancy dispute in between the landlord and the Complainant over which an ejectment suit being no. 251/1984 is pending before the Ld. 3rd Civil Judge (Sr. Division), Alipore. However, such tenancy dispute is not a relevant issue in the present case as the Complainant has only prayed for electricity connection, which is otherwise an essential service. It requires no elaboration that any occupier in settled possession is entitled to supply of electricity. Insofar as nothing has been placed before us to show that any injunction order has been passed by the concerned Civil Court to maintain status quo, in our considered opinion, the Complainant cannot be deprived of getting service connection over pendency of tenancy dispute.
In this regard, we rely on some relevant observations of the Hon’ble High Court Calcutta.
In the matter of Ashwani Kumar Maity vs. W.B. Electricity Distribution Co. Ltd. and Ors., reported in AIR 2009 Calcutta 87, the Hon’ble Court has observed as under:
"................If the law of the land provides that a person in possession of any premises may not be Suit no. 287/10 Page no. 8 of 13 dispossessed therefrom except in accordance with law, it is implicit that the possession of the person is protected till such time that an appropriate forum holds otherwise and the person is removed from the premises under the due process of law. It would then defy reason to suggest that such person can continue to be in possession but be denied an essential utility as electricity which is within the broad sweep of the right to life guaranteed under Article 21 of the Constitution................ ."
Similarly, in the matter of Amarendra Singh vs. Calcutta Electric Supply Corporation Ltd., reported in AIR 2008 Calcutta 66 (DB) it is held that : "............ In view of the provisions of Section 43 of the Electricity Act, 2003, the appellant herein being the occupier is entitled to enjoy the electricity at the occupied portion of the premises in question…… The legality and/or validity of the occupation of the premises in question by the appellant can be decided in the civil Court but that will not prevent the said appellant from enjoying the benefit of electric connection................."
Reliance may be placed upon the decision of Hon’ble Court in case of Abhimanyu Mazumdar and Ors. etc. vs. The Superintending Engineer and Ors. etc. reported in AIR 2011 Calcutta Suit no. 287/10 Page no. 9 of 13 64 also, where the Hon’ble Court has been pleased to observe that, “even an unauthorised occupier, encroacher of any premises claiming status as 'occupier' is entitled to electricity connection in that said premises provided it is shown that the encroacher is in "settled possession" of the said premises”.
Keeping in view such legal position of the fact, we are of view that, the Complainant is entitled to electricity connection in the suit property as the landlord cannot be compelled to supply electricity to the Complainant from her connection.
This case is, thus, decided in favour of the Complainant.
Hence,
O R D E R E D
That CC/256/2016 be and the same is allowed in part on contest against the OP without any costs. OP is directed to provide service connection to the Complainant, even with police help, if the need be, and install a new meter in the name of the Complainant for this purpose within one month of this order. In case the OP encounters any resistance from any quarter, it is at liberty to initiate appropriate legal proceedings against the offending person(s).
