DATE OF FILING : 04/12/2014
DATE OF S/R : 13/01/2015
DATE OF FINAL ORDER : 29/09/2015
Sri Sandip Naskar,
son of Motilal Naskar,
resident of village Chandravati, P.O. Podrah, P.S. Sankrail,
District Howrah……………………………………………………….. COMPLAINANT.
1. District Engineer,
CESC Ltd., 433/1, G.T. Road ( N ),
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
- Complainant, Sandip Naskar, by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to effect new electric connection by installing new meter at his scheduled premises, to pay costs along with other relief or reliefs as the Forum may deem fit and proper.
- Brief fact of the case is that complainant deposited the earnest money of Rs.200/- with O.Ps. on 12/11/2014. But since the receipt of that earnest money, O.Ps. failed to give electric connection to the complainant’s scheduled premises. Although complainant made several requests to the O.Ps., O.Ps. remained silent. Being frustrated and finding no alternative, complainant filed this instant petition with the aforesaid prayers.
3.Notice was served upon O.Ps. O.Ps. appeared and filed W/V. Accordingly the case was heard on contest.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. We have carefully gone through the W/V and noted its contents. It is the specific plea taken by O.Ps. that complainant applied twice for electric connection, once on 08/05/2014 and again on 12/11/2014. Both the times, O.Ps. proceeded with the application by way of sending its men to ascertain the technical feasibility of effecting loop connection to the complainant’s scheduled premises but they had to return without doing the job for vehement objection raised by one Smt. Anjana Rani Naskar who has not been made a party to this instant proceedings. So, the O.Ps. vide its letters dt. 15/11/2014 and 24/11/2014 informed both of them i.e. the complainant and Smt. Anjana Rani Naskar. But O.Ps. did not receive any reply from the complainant. So as per the version of o.ps., the petition filed by the complainant, is liable to be dismissed against them.
6. We have seen the documents filed by the complainant showing his residential status at the scheduled premises. We all know that electricity is a bare necessity. Light is off life is off. The objection raised by one Smt. Anjana Rani Naskar is just a measure to deprive the complainant from getting electricity which is not at all tenable. But at the same time, the men of O.Ps. should get the free access to the meter board of the scheduled premises and for that none has any locus standi to put any objection.
Accordingly, the case succeeds in that part without cost.
Hence,
O R D E R E D
That the C. C. Case No. 623 of 2014 ( HDF 623 of 2014 ) be allowed on contest without costs against the O.Ps.
That O.Ps. aredirected to effect electric supply to the complainant premises after observing all official formalities within one month from the date of this order.
The local P.S. is here by directed to accord police assistance as and when asked for , by the O.Ps. and the complainant in this connection.
No order as to cost and compensation.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha )
Member, C.D.R.F., Howrah.
