DATE OF FILING : 02-09-2013. DATE OF S/R : 24-09-2013. DATE OF FINAL ORDER : 06-03-2014. Abhijit Khara, son of Bholanath Khara, residing at 42/4/1, Brindaban Mallick Lane, P.S. Bantra, District – Howrah, PIN – 711101.------------------------------------------------------------------- COMPLAINANT. - Versus - 1. District Engineer, CESC Limited, 433/1, G.T. Road ( N ), District – Howrah, PIN – 711101. 2. CESC Ltd., CESC House, Chowringhee Square, Kolkata – 700001. 3. Smt. Malati Shaw, wife of Sri Naba Kumar Shaw, 42/4/1, Brindaban Mallick Lane, P.S. Bantra, District – Howrah, PIN – 711101. .,-------------------------------------------------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. nos. 1 & 2 alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary directives upon the O.P. nos. 1 & 2, CESC Authority for immediate effecting the service connection by installing a new meter at the complainant’s premises being no. 42/4/1, Brindaban Mallick Lane, P.S. Bantra, District - Howrah, PIN – 711101, in spite of the fact that the said occupied portion is under the control of Shri Bhola nath Khanra as tenant, the father of the complainant as per record and to restrain o.p. no. 3 from raising any obstruction against such installation. 2. The o.p. nos.1 & 2 , CESC Authority stated in their written version that the complainant paid MASD Bill of Rs. 960/- and further Rs. 7,065/- on 12-04-2013 and that to attempts were made for effecting new electric connection through meter at the occupied portion of the complainant and the job could not be completed for forcible and unauthorized objection raised at the site by o.p. no. 3 namely Malati Shaw, the landlady They have no objection for installing the same if free access is available. 3. The o.p. no. 3 vide their written version stated that the complainant has no authority to apply new electric connection from the CESC Authority because of the fact that he/ they filed a Civil Suit before the ld. 7th Civil Judge, Howrah, being T.S. no. 72 of 2013 praying for declaration and injunction against the complainant’s father where father of the complainant has been contesting the suit and it ought to be necessary to file a petition for getting electricity who is being a tenant ( Bhola Nath Khanra ) has every right to get electric connection as per norms and the complainant applied for taking connection from the CESC Authority is a completely malafide intention and is not tenable to the appropriate court of law for which the case is liable to be dismissed with exemplary costs. 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. i.e.,CESC Ltd. ? ii) 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. Since the complainant suffers tremendous difficulty for want of electricity and the o.p. nos. 1 & 2 are willing to install the electric meter at the scheduled premises of the complainant, the objection raised by o.p. no. 3 i.e, landlady, cannot be sustained at this critical juncture for installation of electric meter in the schedule place U/S 43 of the Electricity Act, 2003. 7. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law 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. 304 of 2013 ( HDF 304 of 2013 ) be allowed on contest without costs against O.P. nos. 1 & 2, CESC Authority and dismissed without cost against o.p. no. 3. The O.P. nos. 1 & 2, CESC Authority be directed to provide new electric connection through separate meter to the complainant scheduled occupied portion where MASD BILL was deposited within 30 days from the date of this order. The o.p. no. 3 is hereby restrained from causing any disturbance during installation of the meter. In case of any illegal objection raised by any person, complainant and o.p. nos. 1 & 2, CESC Authority shall approach to the local police station for help. No order as to 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. ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. | 
