DATE OF FILING : 14/02/2014
DATE OF S/R : 12/03/2014
DATE OF FINAL ORDER : 13/10/2014
SRI ADITYA KUNDU
S/O lt. Dhananjay Kundu,
113/5, Kasundia Road, P.S. Shibpur,
Howrah 711 101 --------------------------------------------------- COMPLAINANT.
- Versus -
1) District Engineer,
The Calcutta Electric Supply Corporation Ltd,
433/1 G.T. Road P.O. + P.S. Howrah,
Howrah 711 101
2) Shib Prasad Chakraborty,
S/O lt. Manmatha Nath Chakrabarty,
113/1, Kasundia Road, P.S. Shibpur
Howrah 711 101------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986, as
amended against the O.P. No. 1 C.E.S.C. Ltd. alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the O.P. No. 1 C.E.S.C. Ltd. to provide separate electric connection through installation of meter (loop ) at the schedule premises at 113/5, Kasundia Road, P.S. Shibpur, Howrah - 711 101, together with compensation and litigation costs as the O.P. No. 1 C.E.S.C. Ltd., in spite of observing the necessary formalities by the complainant including receiving MASD Bill has been deferring the supply of electricity for want of free access at the complainant schedule premise. Hence the case.
2. The o.p. no. 1 in his written version contended interalia that they are ready to
effect the connection if free access is available at the complainant schedule premises.
3. The o.p. no. 2 on the other hand vide their written version stated that a Title
Suit being no. 71 of 2014 of is pending before the ld. 2nd Civil Judge ( Jr. Division ), Howrah, for eviction of trespassers against the complainant ADITYA KUNDU for disposal for which he has no right, title, interest in the schedule premises where he wants to take connection in his name. This answering o.p. further stated that the complainant deliberately and willfully suppressed the fact and as a matter in dispute is sub judice in the Civil Court, for which the complainant cannot get any relief and liable to be dismissed on cost.
5. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. Since the complainant being a lawful occupier is suffered for want of electricity in his own name and the o.p. no. 1 is willing to install the electric meter ( loop ) but objection raised by o.p. no. 2 cannot sustain at this critical juncture as per Electricity Act ( 36 of 2003 ), Ss 43, 176, 67 – Works of Licensee Rules ( 2006 ) which runs as under :
“Persons in settled possession of property be it trespasser, unauthorized encroacher squatter of any premises, can apply for supply electricity without consent of landlord – Is entitled to get electricity and enjoy same by due process of law.” [ Reference W.B. no. 423 of 2010, dated 11-02-2011 before the Hon’ble High Court registered AIR 2011 Cal P-64 ].
7. From the above we have our considered opinion that under Section 43 of Electricity Act, 2003, occupier has a statutory right, and licensee as distribution company has a statutory obligation to give electric connection to occupier – Pendency of suit with the other co-sharers with any interim order against the petitioner, the electric connection cannot change nature and character of the property.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his demand requires to be fulfilled.
Both the points are accordingly disposed of.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 76 of 2014 ( HDF 76 of 2014 ) be and the same is allowed on contest against o.p. no. 1 and dismissed against o.p. no. 2 but without cost.
The O.P. No. 1 C.E.S.C. Ltd. be directed to provide new connection through separate meter ( loop) at the meter room position where inspection was conducted by the o.p. no. 1 within 30 days from the date of this order giving top most priority.
The O.P. No. 2 is hereby restrained from causing any disturbance at the time of installation of meter at the schedule premises of the complainant.
If thereby any resistance by anyone including the o.p. no. 2 against effecting the service connection at the complainant schedule premises, the O.P. No. 1 C.E.S.C. Ltd. shall be at liberty to take necessary assistance or protection from Shibpur P.S. The O/C Shibpur P.S. shall be under obligation to provide necessary assistance or protection to the men and officer of the O.P. No. 1 C.E.S.C. Ltd. for providing connection at the complainant schedule premises in case of approach made by the O.P. No. 1 C.E.S.C. Ltd.
No costs both compensation and litigation are awarded.
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.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
