Date of filing :16.11.2017
Judgment : Dt.27.7.2018
Mrs. Balaka Chatterjee, Member
This petition of complaint is filed under section 12 of C.P.Act 1986 by Amulya Naskar alleging deficiency in service on the part of the opposite parties (referred as OP hereinafter) namely District Engineer, South West Distributor.
Case of the Complainant, in brief, is that the Complainant being a tenant at premises No.11/2 Nabalia Para Road, P.S.-Thakurpukur, Kolkata-700 008 owned by one Bijoy Ghosh has been residing there since 60 years by paying rent @ Rs.30/- per month but without having electricity and water supply. The Complainant has stated that owing to the absence of proper ventilation and presence of adjacent common privy the Complainant along with his family members had to live in a very unhealthy condition and all the family members had been suffering from various ailments relating to breathing problem and the treating doctor advised for making immediate arrangement for fan and light for management of such ailments. The Complainant have further stated that he applied for installation of electric connection in his tenanted room by paying Rs.200/- to the CESC Ltd., Taratala office and thereafter persuaded on several occasions for such connection and in connection with such persuasion he had to pay Rs.20,000/- towards transportation and other miscellaneous charges but no fruitful result has been yielded so far. It is further stated by the Complainant that the landlord has no objection for such connection. Finding no other alternative the Complainant by filing the instant Consumer Complaint prayed for directions upon the OP to install new domestic connection at the tenanted room at the said premises to pay Rs.30,000/- towards compensation, to pay Rs.20,000/- towards transportation and litigation cost and other reliefs.
The Complainant annexed Rent Control Form for the month of September, 2017, letter dt.14.1.2015 issued by District Engineer to the Complainant.
The OP contested the case by filing written version denying and disputing all the material allegations made out in the petition of complaint stating inter alia that on 14.1.2015 the complainant applied for new connection of 0.3 kw domestic load from the existing meter board at premises No.11/2, Nabaliapara Road, Kolkata-700 008 and on receiving said application the OP CESC conducted inspection on 16.1.2015 but due to strong objection raised by one Bijoy Ghosh inspection could not be carried out and the Complainant was asked to arrange for free access to the meter room by a letter dt.17.1.2015. The OP further stated that as per Electricity Act, 2003, the OP is duty bound to provide supply to the landlord or legal occupier from the existing meter board at the said premises but if any obstruction causes then it is the duty of the applicant to arrange for necessary protection which has not been arranged and due to that reason new electric connection could not be installed and the OP is in no way liable for non installation of new electric connection and accordingly prayed for dismissal of this case.
The Complainant and the OP filed evidence followed by cross examination in the form of questionnaire and reply thereto but the OP did not file reply.
In course of argument Ld. Advocate for the OP narrated the facts mentioned in the petition of complaint.
Ld. Advocate for the OP submitted that owing to the obstruction created by one Bijoy Ghosh installation of new meter could not be done.
Points for determination
- Whether the OP has deficiency in providing.
- Whether the Complainant is entitled to the relief as prayed for.
Decision with reasons
Both the points are taken up together for comprehensive discussion and decision. The Complainant has claimed that he has been residing at 11/2, Nabalia para Road as tenant by paying rent to one Bijoy Ghosh who is the owner of the said premises. In support of such claim the Complainant has filed rent control form for the month of September, 2017 and rent receipt dt.16.11.78 and 10.12.1978 issued by one Bijoy Ghosh wherefrom it appears that the Complainant being a tenant has been residing at the said premises since long.
The Complainant has stated that she has deposited Rs.200/- with the OP. Letter dt.14.1.2015 issued by the District Engineer supports such contention of the Complainant.
It appears from written version that the OP has carried out the inspection on 16.1.2015 and as per their advice the Complainant was present at that point of time. The OP has stated that they have communicated the Complainant for making arrangement for security but no document has been submitted in this regard wherefrom it would have been evident that the OP intimated the said matter to the Complainant.
Electricity is an essential commodity. In this case the Complainant being tenant had been being deprived of enjoying electricity even after paying earnest money.
The Complainant prayed for direction upon OP to install new connection and there is no reason to disallow such prayer.
The Complainant has prayed for compensation and litigation cost. In our view it will be just and proper if Rs.7,500/- is allowed for litigation cost.
In the result, the Consumer Complainant succeeds.
Hence, ordered,
That CC/656/2017 is allowed in part on contest with cost.
The OP is directed to install new electric meter at the tenanted portion of the Complainant at 11/2, Nabalia Para Road, within one month from the date of this order.
The OP is further directed to pay Rs.7,500/- towards litigation cost within aforesaid period.
In the event of non-compliance of this order or any part thereof, the Complainant is at liberty to file execution application as per provision of law.
