DATE OF FILING : 14-08-2013. DATE OF S/R : 14-09-2013. DATE OF FINAL ORDER : 27-02-2013. Sri Bimal Mete, Vill. Kanagaria, P.O. Sauria, P.S. Joypur, Dist. Howrah- 711 401.-------------------------------------------------------- COMPLAINANT. Versus - Divisional Engineer, W.B.S.E.D.C.L. 13, N. S. Road, Howrah-711 101. The Station Manager, WBSEDCL, Amoragori Gr. E-Supply, Amoragori, P.S. Joypur, Dist. Howrah Sri Dilip Mete S/o Late Pheluram Mete. Sri Naren Mete Sri Jagannath Mete Sri Biren Mete Sri Tashar Mete Sri Bhombal mete Sri Sayam Charan Mete Sri Prem Charan Mete Sri Tapas Mete Sri Shyamal Mete All are resident of,-- Vill. Kamargoria, P.O Sauria, P.S. Joypur Dist. Howrah..------------------------------------------------------OPPOSITE PARTIES. P R E S E N T Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R The instant case was filed by complainant U/S 12 of the C.P. Act, 1986, as amended against the O.Ps.-1 & 2 alleging deficiency in service U/S 2(1)(g) & 2(1)(o) of the C.P. Act, 1986 wherein the complainant prays for direction upon the O.Ps.-1 & 2 to provide new electric service connection against premises no. as per registered deed situated at Mouza-Kamargoria, P.S. Joypur, Dist. Howrah together with compensation and litigation cost in spite of observing the necessary formalities including deposition of service connection charges and security deposit against quotation No. AMRG/T-22/3311 dated 01/02/2011 by the complainant, has been deferring in effecting the new service connection for want of free / easy access to the complainant’s premises. The O.Ps. -1 and 2, WBSEDCL Authority in their W.V. admitted the facts regarding deposition of quotational amount against the service connection charges & security deposit, execution of agreement etc. The O.P.s-1 and 2 had given their best efforts to effect the new service connection to the complainant’s premises but could not accelerated due to objection raised by the O.Ps.-3 to 12. The O.Ps. i.e. WBSEDCL Authority is ready and willing to effect the new service connection if free access is available at the complainant’s premises with assistance of civil authority. The proper notices were served upon the O.Ps.-3 to 12 against they appeared by filing separate Vokalotnama and subsequently did not submit any W/V. in spite of given enough opportunity for the sake of natural justice under which ex-parte order had been made against O.Ps.-3 to 12. 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 : Both the points are taken up together for consideration. Since the complainant deposited the quotational money under the head of new service connection charges & security deposit to the O.P.-2 i.e. WBSEDCL Authority and the O.Ps.-1 & 2 is willing to effect the new service connection, the objection raised by O.Ps.-3 to 12 cannot stand for effecting the proposed service connection in accordance of provisions of Section 43 of the Electricity Act, 2003, as an occupier of the property or a part thereof, the petitioner has a statutory right to call upon the distribution company to give his electricity, and once the requisite application was filed, the distribution company incurred a statutory obligation, to give his electricity simply because the petitioner is a party in the suits pending before the Civil Court, the private parties are not entitled to say that he cannot get electricity ( referring the case study (2010) (3) WBLR (Cal) 539 before the Hon'ble High Court ). 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. Points under consideration are accordingly decided. In the result, the complaint succeeds. Hence, O R D E R E D That the C. C. Case No. 95 of 2012 ( HDF 95 of 2012 ) be allowed on contest without costs against the O.Ps-1 & 2 and dismissed ex parte without cost against the O.P.s-3 to 12. The O.P.-2 WBSEDCL Authority be directed to effect the new electric service connection to the residence of the complainant as per schedule premises where quotational amount had been deposited by the complainant against quotation served by the O.P.-2 within 30 days from the date of this order giving top most priority. The O.P. nos. 3 to 12 are hereby restrained from causing any disturbance at the time of effecting the service connection, if thereby any resistance by anyone including the O.Ps.-3 to 12 against such supply of electricity in the said schedule premises, the O.P.-2 WBSEDCL Authority shall be at liberty to take necessary assistance or protection from Joypur Police Station. The I/C, Joypur P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the WBSEDCL Authority for providing such supply to the complainant in case of approach made by WBSEDCL Authority. No costs against 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. | 
