DATE OF FILING : 13-08-2010.
DATE OF FINAL ORDER : 03-12 -2010.
Mira Das,
10, Kasundia, 1st Bye Lane Dalalpukur, P.O. Santragachi,
P.S. Shibpur, District – Howrah,
PIN 711104. Complainant.
Versus -
1. District Engineer,
Howrah Regional Office, CESC Ltd.,
433/1, G.T. Road ( N ), P.O. Golabari,
Howrah – 711101.
2. CESC Ltd., Chowranghee Square,
Kolkata.
3. Bannisikha Das,
10. Kasundia 1st Bye lane Dalalpukur,
P.O. Santragachi, P.S. Shibpur,
District Howrah.
PIN 711104. Opposite Parties.
P R E S E N T
1. Honble President : Shri J. N. Ray.
2. Honble Member : Smt. Samiksha Bhattacharya.
3. Honble Member : Dr. Dilip Kr. Chakraborty.
C O U N S E L
Representative for the Complainant : Shri Ashok Nonia,
Ld. Advocate.
Representative for the O.P. nos. 1 and 2 : Shri Debasis Chatterjee,
Ld. Advocate. O.P. no. 3 : Ex parte.
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 a consumer of o.p. no. 1 and 2 within the meaning, scope and extend of the C. P. Act, 1986. The complainant resides at 10, Kasundia, 1st Bye Lane, Dalal Pukur, P.O. Santragachi, P.S. Shibpur, District – Howrah, PIN - 711104. The complainant had applied for new connection (0 .30 Kw. domestic load ) at his dwelling house before the o.p. no. 2, vide M.R. No. 06/81522/09 dated 24-04-2009. Previously there was an electric meter ( D.C. Supply ) at that address in the name of Kalipada Das which was disconnected in the year 1988 by the CESC for non payment of the bill. At that address one Bedana Das resides with the complainant . When the complainant went to the office of o.p. nos. 1and 2 they came to know that Bannisikha Das, o.p. no. 3, daughter of aforesaid Bedana Das has already applied for electric connection for this premises. The complainant has alleged in her petition that this o.p. no. 3 is the resident of another address but applied for electric connection for 10, Kasundia, 1st Bye Lane, Dalal Pukur, P.O. Santragachi, P.S. Shibpur, District – Howrah, PIN - 711104. As the o.p. no. 3 is not the resident of that address the complainant has already complained before o.ps. no. 1 and 2 for this matter( docket no. 0600075220409, receipt date 22-04-2009, M.R. No. 06/05666/09, Complaint Type : normal complaint, registered complaint no. CC:/0600075/09). This was informed to the District Engineer of CESC Ltd. and all other authorities but in vain. Thereafter the complainant sent an advocates letter dated 23-04-2009 to the o.p.no. 1 .Then the complainant applied for electric connection and thereafter the o.ps. n.o. 1 and 2 informed by letter dated 24-04-2009 about the outstanding due of Kalipada Das Rs. 11,000/- only out of which they directed the complainant to pay Rs. 5,500/- ( 50% of outstanding dues ) which was paid by the complainant on 17-06-2009. Accordingly 0n 03.07.2009 and on 04.08.2009 the men of CESC Ltd. went for inspection. After that the complainant met with the o.p. no.1.Then the complainant knew that at this premises presently there is an electric supply in the name of aforesaid Bannisikha Das, o.p. no. 3, daughter of aforesaid Bedana Das. The complainant has alleged in her petition that this o.p. no. 3 is the resident of another address but received electric connection for 10, Kasundia, 1st Bye Lane, Dalal Pukur, P.O. Santragachi, P.S. Shibpur, District – Howrah, PIN - 711104. O.p. nos. 1 and 2 already gave the electric connection in the name of o.p. no. 3 at that premises. O.p. nos. 1 and 2 informed the complainant that 3 months time will be required for giving electric connection. After that the complainant became ill. Again the complainant had applied for her electric connection. Accordingly o.ps. no. 1 and 2 sent a letter for inspection. But on 06.02.2010 the inspection could not be done as the meter board room/position was not accessible. Accordingly, the o.p.nos.-1 and 2 informed the complainant that why the inspection could not be done by their letter dated 08/02/2010. The complainant has stated in her petition that at present the meter room is damaged and there is no meter. The meter room is under lock and key and the key is being kept with aforesaid Bedana Das who did not allow the CESC men to open the meter room and did not give the key of that room. This Bedana Das and her associates raised objection for inspection. Till date the complainant has not received the electric connection. The complainant has prayed for new electric connection in her name. Hence the application.
O.P. nos. 1, 2 CESC Ltd., contested the case by filing written version. Though the notice was duly served upon o.p. no. 3 but she did not appear and did not take any step. So the case was fixed ex parte against o.p. no. 3.
Contention of o.ps. no. 1 and 2 interalia is that on receipt of application from the complainant for installation of the electric connection the o.ps. no. 1 and 2 sent a letter dated 24-04-2009 to the complainant to call at their Commercial Departments Outstanding Section at the Regional Office on any working day in order to obtain necessary clearance to the effect that the complainants involvement so far as the said outstanding dues are concerned, has been resolved at the above premises. Then the complainant paid Rs. 5500/- accordingly towards that outstanding dues. Thereafter the CESC Ltd. again sent a letter dated 05-08-2009 requesting the complainant to have the portion demarcated as directed first and informed them thereafter, to enable them ( CESC Ltd. ) to proceed further in the matter. After that the complainant completed the necessary formalities. Thereafter on the basis of application dated 24-04-2009 by the complainant CESC informed the complainant by letter dated 21-01-2010 for an inspection. Accordingly the CESC men went to the premises to carry out their job but could not do so. Then the CESC Ltd. sent a letter dated 08-02-2010 to the complainant that the inspection could not be done as the meter board room / position was not accessible. The counsel for CESC has stated that the premises is being catered by one domestic supply standing in the name of Smt. Bannisikhi Das, the o.p. no. 3 and since the complainant has animosity with other inmates of the premises, she is interested to get separate service within her occupied portion at the above premises. CESC Ltd. can proceed further in this matter only after carrying out complete inspection at above address. But in any case CESC Ltd. cannot oblige the complainant by giving another service in the same premises but it proposes to give a metered supply ( Loop Meter ) to the complainant at the existing meter board position subject to compliance of all formalities including payment of required charges and also removal of disused and disconnected service( D.C. Supply ) situated in the older and damaged portion of the premises where no meter is connected at present. Alternatively if the complainant can get her portion partitioned by metes and bounds and get it mutated in her name in HMC having separate holding in that case only CESC Ltd. can mitigate by giving separate service within her occupied portion. As CESC Ltd. has not refused to give supply to the applicant according to its own rules and regulations, the Company cannot be blamed for any deficiency of service on his part. Therefore, the complaint is not maintainable.
In view of the pleading of the parties following points arose for determination :
Is there any deficiency in service on the part of the o.p. nos. 1 and 2, CESC Ltd. ?
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 24-04-2009 for her occupied portion of the land. Then CESC informed her by letter dated 24-04-2009 that there is an outstanding dues at the aforesaid premises. So the complainant had to call at the Commercial Departments Outstanding Section at the Howrah Regional Office of CESC Ltd. It is also admitted that accordingly the complainant has paid Rs. 5,500/- on 17-06-2009 for outstanding bill of Shri Kalipada Das. After that on 03.07.2009 and on 04.08.2009 the men 0f o.p. nos. 1and 2 went for inspection at the complainants address. Thereafter the CESC sent a letter dated 05-08-2009 requesting the complainant to have the portion demarcated as directed first and informed them thereafter. After that CESC informed the complainant by letter dated 21-01-2010 for an inspection at the premises for which the electric connection was prayed by the complainant. On the date of inspection i.e. on 06-02-2010 as the meter board room / position was not accessible CESC immediately informed that on 08-02-2010.
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 and 2. CESC Ltd. They have conceded and submitted before us that they have no objection for installation of new electric connection of the complainant at the existing meter board position if free access is given to them. But the new connection cannot be given in the occupied portion of the complainant separately. The connection must be given in the existing meter board position.
The Forum has observed that the complainant and o.p. no. 3 reside in the same premises though the premises is in the name of mother of the o.p. no. 3 and the complainant. Both are co-sharers of that premises. Until the partition is not made both have the equal right on every inch of the premises . The Forum has observed that already there is an existing electric connection at that premises. The complainant can get electric connection from the existing meter board position only.
As per the Electricity Act, 2003 Section 43 provides that o.p. nos. 1 and 2. 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 the resident of the premises is entitled to get the electric connection. 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 and 2. CESC Ltd it appears that after receiving the application from the complainant all the time the CESC had informed the complainant what steps to be taken by the complainant for getting electric line. 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 and 2. CESC Ltd have taken any legal action due to non-accessibility of the meter board position. The o.ps. no. 1 and 2 did not take any further step to reach the meter board position for giving new electric connection for the complainant as the meter board position is the property of the CESC Ltd.
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 and 2. 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 and
2, CESC Ltd and dismissed against o.p. no. 3 ex parte but without cost.
The o.p. nos. 1 and 2, CESC Ltd. is directed to give electric connection by installing separate electric meter for the complainant at the existing meter board position within 30 days after completing the required formalities by the complainant.
In case of any illegal objection by any person complainant and o.p. nos. 1 and 2. CESC Ltd shall approach to the local police station for help.
O.p. nos. 1 and 2. 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.
