DATE OF FILING : 21-05-2010.
DATE OF FINAL ORDER : 19-08 -2010.
Smt. Sibani Das,
D/o, Late Gourhari Das,
Residing at 341, G.T. Road, P.S. Golabari,
District – Howrah -.---------------------------------------------Complainant.
- Versus -
1. District Engineer,
CESC Ltd., of 433/1, G.T. Road ( N ),
Howrah – 711101.
2 Assistant Engineer,
CESC Limited of 433/1, G.T. Road ( N ),
Howrah – 711101.
3. CESC Limited / CESC Bhavan,
1, Chowrangee Square,
Kolkata – 1.
4. Sri Ashok Kr. Santra,
of 341, G.T. Road, P.S. Golabari,
Post – Salkia, District – Howrah. -----------------------Opposite Parties.
P R E S E N T
1. Hon’ble President : Shri J. N. Ray.
2. Hon’ble Member : Dr. Dilip Kr. Chakraborty.
3. Hon’ble Member : Smt. Samiksha Bhattacharya.
C O U N S E L
Representatives for the Complainant : Smt. Tapati Ray,
Smt. Swapna Das,
Ld. Advocates.
Representatives for the O.P. nos. 1 to 3 : Smt. Kakali Mitra,
Shri Abhijit Bagchi,
Ld. Advocates.
Representatives for the O.P. no. 4 : Smt. Mandira Banerjee,
Shri Sambhu Nath Paul,
Ld. Advocates.
F I N A L O R D E R
This is to consider an application U/S 12 of the C.P. Act, 1986 praying for an order of installation of new electric connection on the ground of deficiency in service.
Fact of the case, in brief, is that the complainant is permanently residing at 341, G.T. Road, P.S. Golabari, since birth and living her livelihood by sewing in hand machine ( Jamini ). The complainant had applied for new connection ( domestic ) on 14-05-2009 at her dwelling house. O.p. nos. 1 to 3 made an inspection on 22-02-2010 and sent a MASD Bill dated 25-02-2010 through courier for Rs. 975/-. On 18-03-2010 o.p. no. 1 sent a letter with an objection letter of o.p. no. 4 requesting the complainant to make remarks and elucidation in respect of the objection letter and to take steps accordingly. But on 15-03-2010 o.ps. no. 1 to 3 received Rs. 975/- as per MASD Bill. The complainant has performed all formalities towards o.ps. no. 1 to 3 for obtaining new connection in her dwelling house at 341, G.T. Road ( N ), Howrah. The complainant went to the office of o.ps. no. 1 to 3 several times for her new connection. But in vain. Lastly the complainant sent an advocate’s notice on 06-05-2010. But the new connection has not been provided to the complainant till date. Hence the application.
O.P. nos. 1, 2 & 3, CESC Ltd., and o.p. no. 4 contested the case by filing two separate written versions.
Contention of o.ps. no. 1 to 3 interalia is that on receipt of application from the complainant for installation of the electric connection proper inspection was made. As per norms MASD Bill was issued and the complainant deposited the bill amount. O.ps. no. 1 to 3 have admitted in their written version that an application from the complainant dated 14-05-2009 for .50 KW domestic load was received. During inspection it appeared that the applicant was a tenant and wanted a separate meter at the existing service position at the premises 341, G.T. Road ( N ), Howrah – 711106. The landlord raised verbal objection at the spot. As the o.ps. no. 1 to 3 is public utility concern being creature of statute it has its own rules and procedure which it cannot override at the instance of any body and as such the o.ps. forwarded their offer letter and MASD Bill to the applicant on 25-02-2010. The complainant has complied with the formalities on 15-03-2010. Meanwhile the o.ps. no. 1 to 3 received an objection letter from one Ashok Santra, here the o.p. no. 4. Therefore, the o.ps. no. 1 to 3 sent a letter dated 18-03-2010 requested the applicant ( complainant ) as well as the objector for elucidation. At last on 14-06-2010 o.p. nos. 1 to 3 deputed their men to carry out their job but could not do the same due to strong resistance at the site. The o.ps. no. 1 to 3 cannot put their men to the risk of manhandling. This is a private quarrel between the complainant on the one hand and the o.p. no. 4 on the other, the o.ps. no. 1 to 3 has been unnecessary dragged. They are very much eager to cater to supply to any intending consumer upon compliance of necessary formalities and subject to free access to the meter board position. They have tried their best to execute the job but could not do so due to resistance at site and they have informed it to the complainant clearly by their letter dated 17-06-2010.So there is no negligence or unfair trade practices on the part of o.ps. no. 1 to 3 and hence the instant case should be liable to be dismissed.
In the written version o.p. no. 4, Ashok Kr. Santra, has denied all the materials facts. O.p. no. 4 has denied about the application letter by the complainant for electric connection, inspection by o.ps. no. 1 to 3 and payment of MASD Bill by the complainant. In his written version he stated that it is false that electricity is the essential commodity in human life and without electricity daily life is miserable. According to o.p. no. 4 the complainant is not a consumer of the o.p. nos. 1 to 3 and he is not the tenant of o.p. no. 4. So she has no right to claim any electricity in the concerned holding. Again the o.p. no. 4 has submitted in his written version that the complainant has applied for the electric connection without prior permission of the landlord, o.p. no. 4. Moreover, complainant has not paid any amount towards construction cost of the existing meter room. So the instant case should be dismissed with cost.
In view of the pleading of the parties following points arose for determination :
1) Is there any deficiency in service on the part of the o.p. no. 1, CESC Ltd. ?
2) Is the complainant entitled to get an order in terms of Section 14 of the C.P. Act, 1986 ?
DECISION WITH REASONS :
Both the points are taken up together for the sake of convenience of
discussion and for brevity.
Fact remains that the complainant applied for electric connection on 14-05-2009 in her occupied portion of the land and submitted necessary charges ( Rs. 975/- towards MASD Bill sent by CESC Ltd.) to the CESC LTD. on 15-03-2010. It is also admitted that CESC sent their men for inspection . It is also admitted that on 18-03-2010 CESC sent a letter to the complainant under certificate of posting stating why the installation of meter could not be done along with an objection letter by Ashok Santra, o.p. no. 4. Complainant and o.p. no. 1 to 3 CESC Ltd. have admitted that the same could not be done due to physical obstruction raised by o.p. no. 4.
Upon hearing of the parties and on scrutiny of the papers on record along with annexure documents we find that instant application is praying for electric connection from o.p. nos. 1 to 3. CESC Ltd. They have conceded and submitted before us that they have no objection for installation of new electric connection in the premises of the complainant if free access is given to them. O.ps. 1 to 3. CESC Ltd. also admitted that their men could not execute the job due to resistance of o.p,. no. 4 who have no legal ground for obstruction. It is also admitted that the complainant resides at 433/1. G.T. Road ( N ), Howrah.As per Electricity Act, the complainant being the occupier of the premises is entitled to get electric line from CESC Ltd. and she cannot be debarred from getting such relief. However, when the O.Ps. no. 1 to 3. CESC Ltd. have no objection then the prayer of the complainant must be considered. There is no merit of the objection raised by o.p. no. 4 who resisted the o.ps. no. 1 to 3. CESC Ltd. men for giving electric connection.
The defence taken by o.p. no.4 is not acceptable. The documents speak that the complainant has applied for electricity and paid necessary charges. In his written version and objection letter o.p. no. 4 has mentioned some problems with the complainant which are civil dispute. The Forum has no jurisdiction to pass any order regarding their civil dispute.
As per the Electricity Act, 2003 Section 43 provides that o.p. nos. 1 to 3. CESC Ltd. can supply electricity at the premises on request made by the owner / occupier within one month from the receipt of the application. According to the law the complainant being an occupier of the premises is entitled to get the electric connection. The o.p. no.4 has no right to resist against the supply of electricity. All documents speak that complainant obviously resides at the premises for which the electric connection was prayed.
Now turning to the question of deficiency in service on the part of the o.p. nos. 1 to 3. CESC Ltd it appears that the men of the CESC Ltd went for installation of electric connection but due to the objection they could not install the same. They have informed it to the complainant properly and requested the complainant to inform them the date and time when the access to the meter board position will be made available to enable them to proceed further in the matter. But there is no evidence to show that o.ps. no. 1 to 3. CESC Ltd have taken any legal action against the said objector.
In this connection provision of Section 163 of the Electricity Act, 2003 may be referred to. According to the aforesaid Section the o.ps. no. 1 to 3. CESC Ltd should have taken legal action against the objector by approaching to the local police or by approaching to the local Executive Magistrate for necessary order regarding installation of the new service connection of the complainant. By not taking such legal action the o.ps. no. 1 to 3. CESC Ltd has committed deficiency in service.
Therefore, considering the facts and circumstances of the case the Forum holds and concludes that the complainant is entitled to get appropriate order in terms of Section 14 of the C.P. Act, 1986.
Points under consideration are accordingly decided.
In the result the application succeeds.
Hence,
O R D E R E D
That the consumer complaint is allowed on contest against o.p. nos. 1 to
3. CESC Ltd and dismissed against o.p. no. 4 but without cost.
The o.p. nos. 1 to 3,. CESC Ltd. is directed to give electric connection by installing separate electric meter for the complainant within 30 days hereof.
That the o.p. no. 4 shall not raise any objection regarding electric connection of the complainant.
In case of any illegal objection by any person complainant and o.p. nos. 1 to 3. CESC Ltd shall approach to the local police station for help.
O.p. nos. 1 to 3. CESC Ltd, in case of illegal objection, shall also take necessary action in terms of provision of 163 of the Electricity Act, 2003.
Let copies of the order be supplied to the parties, free of costs.
