In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.307/2011

1)                   Sri Panchanan Bairagi,

6B, Dover Terrace, P.S. Gariahat, Kolkata-700019.                                  ---------- Complainant

---Versus---

1)                   District Engineer, Calcutta South District,

6, Mandavilla Gardens, P.S. Gariahat, Kolkata-700019.   

2)                   Dulal Adhikary,

6B, Dover Terrace, P.S. Gariahat, Kolkata-700019.                                  ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   14    Dated  23/11/2012.

SHARMI BASU, MEMBER

            The case of the complainant in short is that complainant is a monthly tenant under o.p. no.2 and the said tenancy has been terminated and the complainant was enjoying electricity from the meter standing in the name of o.p. no.2 and had to pay electricity bill as given by o.p. no.2.

            Further case of the complainant is that the complainant has to pay huge amount of electricity bills unnecessarily without consumption of the said electricity and o.p. no.2 threatened the complainant to disconnect electricity and complainant applied for providing separate meter connection on 16.8.10 and also deposited charges as earnest money to o.p. no.1. But o.p. no.1 for the best reason known to them has been taking time for installation of such new meter in the name of the complainant. hence, the case filed by the complainant with the prayer contained in the petition of complaint.

            Both o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.

            Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the complainant filed a Writ Petition bearing no.5558(W) of 2011 and Hon’ble Court was pleased to dismiss the said petition stating that the premises in question is a ‘Bustee’ and regulation 19 of the West Bengal Electricity Regulatory Commission Regulation, 2005 prohibits to entertain  any application for a separate supply to the premises like ‘Bustee’ and Hon’ble Court further observed that Hon’ble Court does not have any jurisdiction under Article 226 from Writ Petition for inaction on the part of CESC and further held that the complainant is free to approach the appropriate Civil and Criminal Courts, seeking appropriate relief.

            Ld. lawyers for the parties especially o.p. no.1 admitted in course of argument that they have no objection for providing electricity through sub-meter installing Block Meter as is being done by them in ‘Bustee’ and ‘Market Premises’ and ld. lawyer for the complainant consented to it. That being the position we are of the opinion that the complainant is entitled to relief.

            Hence, ordered,

            That the instant case is allowed on contest in part against o.ps. no.1 with cost and without cost against o.p. no.1. O.p. no.1 is directed to install sub-meter providing electricity through Block-Meter in favour of the complainant within 30 days from the date of communication of this order and at the same time complainant is directed to observe all the statutory formalities for having such connections within 15 days from the date of passing of this order and o.p. no.1 is directed to pay a sum of Rs. 1000/- (Rupees one thousand) only. Complainant is at liberty to file execution case before this Forum in the event of non-compliance of this order in terms and conditions as ordered above. 

            Supply certified copy of this order to the parties free of cost.