Order-13.
Date-21/05/2015.
Complainant by filing this complaint has submitted that complainant is tenant in respect of one bed room, one kitchen room and common user of bath and privy at municipal premises No. 3/1/H/5, Turner Road, P.S.- Chitpur, Kolkata- 700002 on payment of monthly rent at the rate of Rs. 150/- per month payable according to English Calendar.
After obtaining necessary consent for installation of new electric meter complainant applied for getting new electric meter to the op on 30.06.2014 and also paid the op a sum of Rs. 200/- as application money. Op issued letter vide reference no. 05/15060/14 dated 07.07.2014 that inspection will be carried out on 09.07.2014 in connection with the supply of electricity in complainant’s favour at the said premises. Accordingly an inspection was carried out on 08.07.2014 by the officers of the ops and thereafter op again requested the complainant that they were willing to inspect the locate further but upto 15.07.2014 no inspection was made and so getting no other alternative, complainant sent a letter dated 16.07.2014 to the op whether they are willing to inspect the local and further they may do so. As he has no electricity connection in his tenanted room and complainant replied that electric meter may be fixed on the outer wall of the schedule premises.
But op did not install electric connection as yet for which complainant had suffered much and due to deficiency and negligence on the part of the op, complainant suffered loss and incurred damages about Rs. 40,000/- only for non-supply of electricity and non-installation of electric, so the op is liable to pay the said sum of Rs. 40,000/- for negligence and deficient manner of service and ultimately complainant for redressal filed this complaint.
On the other hand, op by filing written statement submitted that no doubt application for domestic connection of electricity of the complainant vide Form No. 60421663665 in respect of said premises was received and op intended to carry out inspection and an enquiry and inspection was held. Thereafter op received the communication dated 09.07.2014 from Sri Shyamsundar Roy, through his Ld. Advocate Sri Sibnath Ganguly stated that complainant on this instant case himself had filed a Title Suit being TS No. 135 of 2014 against Sri Shyamsunder Roy which is pending before the Ld. 1st Civil Judge (Jr. Divn.) at Sealdah and an order of Interim Injunction over the premises is subsisted and in fact due to said Interim Injunction order, op was compelled not to proceed with the work and so op is unable to install a separate meter and on behalf of the land it is not the ground of deficiency of service by any separate injunction. Moreover with false submission this complaint is filed. But if the Civil Court premises in such order op is produced by the complainant in that case op shall have to give connection and has prayed for dismissal of this case.
Decision with reasons
After considering the complaint and written version and also argument as advanced by the Ld. Lawyers of both the parties and further considering the admission of the op, it is clear that complainant filed an application praying for new electric connection and paid application money of Rs. 200/- and it is admitted position that op inspected the premises on 08.07.2014.
But fact remains that in the meantime op received a communication on 09.07.2014 from Sri Shyamsunder Roy through his Ld. Advocate Sibnath Ganguly stating that complainant himself had filed a Title Suit being TS No. 135 of 2014 against Sri Shyamsunder Roy which is pending before the Ld. 1st Civil Judge (Jr. Divn.) at Sealdah and an order of Interim Injunction over the premises is subsisted and after getting such order, invariably op failed to give any connection and moreover some other person of that premises resisted the op to give any connection. But regarding the assertion of the complainant he has not produced any said order of the Civil Court about Interim Injunction order and when there is Interim Injunction, invariably op restrained his work and complainant has failed to produce any such order that op has permitted to give any electric connection in the said premises.
So, in the above situation and also considering the application of the Ld. Lawyer, we are convinced to hold that op is willing to give electric connection. But he resisted by order of injunction. At the same time ops are restrained by the other inhabitants of the premises for which police help is required and in fact without policy help same cannot be done.
So, apparently we do not find any negligence and deficiency on the part op. But considering the entire fact and circumstances and also considering the typical situation, we are passing such order by disposing the complaint accordingly.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest but without any cost against the ops.
Ops are directed to fix a new meter and electric connection to the complainant. if it is found that there is no injunction order of the Civil Court as yet and complainant shall have to produce such copy of order application of injunction order or any such order of the Civil Court directing the op to install the said electric connection and if complainant fails to produce such order to the op, in that case, op shall be guided by the order of the Civil Court and for any reason if police help is required to resist the other inhabitants of the said premises, O.C. the local Chitpur P.S. shall have to render all sorts of help to CESC for installation of the meter in the said premises of the complainant as per law. But if any complication is found arising and if it is found that it is completely civil dispute, in that case, complainant shall have to take redressal from Civil Court.
Accordingly with such direction this complaint is disposed of finally.
