Uttar Pradesh

Aligarh

CC/82/2022

MOHD.RIZWAN KHAN - Complainant(s)

Versus

EXECUTIVE ENGINEER ELECTRICITY URBANDISTRIBUTION DIVISION III - Opp.Party(s)

11 Apr 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/82/2022 ( Date of Filing : 30 Apr 2022 )   1. MOHD.RIZWAN KHAN S/O MOHD. SHOEB KHAN URF MUNNA KHAN R/O 885 MABUD NAGAR ADA COLONY SHAHJAMAL ALIGARH ...........Complainant(s) Versus 1. EXECUTIVE ENGINEER ELECTRICITY URBANDISTRIBUTION DIVISION III ALIGARH ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER

PRESENT:

Dated : 11 Apr 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to release the electricity connection of 2KW for domestic use at the premises. Cost of the case . Any other relief. Complainant has stated that he had applied for granting electricity connection and paid the process fee as per tax invoice dated 27.1.2021. On 17.2.2021 SDO had directed the JE to release electricity connection as per rule. Contractor had furnished work completion certificate. The premises consists of a living room, latrine, bathroom and store room with the water connection release by the municipal corporation. In a civil suit no.489 of 2019 filed against Smt Anwari and others Civil Judge (Senior Division) had restrained Smt Anwari from interfering in possession of complainant by order 16.11.2019 against which appeal was dismissed. On making attachment of the premises by the City Magistrate and handing over in supurdagi of the police in the section 145(1) and 146(1) Cr. P. C. hon’ble High Court restored the possession of the complainant at the premises in case no. 47/2021 U/s 482 Cr. P.C. vide order dated 25.11.2019 and the complainant is in actual possession and occupation of the premises and is entitled to enjoy the amenity of electricity supply which is the necessity of life.  Op admitted in WS that the complainant had deposited process fee and JE was deputed for enquiry. JE had inspected the spot where he found the open plot and there was no premises. Complainant has not come with clean hand and wants to obtain the electricity connection fraudulently. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit in support of their pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant is entitled the to obtain the electricity connection?    It is clear from the pleadings of the complainant supported by the documentary proof that the complainant is in actual possession and occupation of the premises where he wants to obtain the electricity connection. OP has denied the release of electricity connection on the ground that there is open plot and is no premises. Complainant has deposed that there is one living room, latrine, bathroom and a store room with the water connection supplied by the municipal corporation. Complainant has filed the photographs of the premises showing the constructions standing there. Thus it is established that the complainant has sought the release of electricity connection at the premises which is not an open plot. Op had also raised objection regarding disputes of the premises. Complainant has filed orders passed by Civil Judge (Senior Division), Aligarh and Hon’ble High Court, Allahabad whereby the possession of the complainant at the premises is protected. Complainant is in occupation of the premises and OP is liable to discharged its statutory obligation U/s 42 of the Electricity Act, 2003 read with clause 4.1 of the U.P. Electricity Supply Code, 2005. Electricity is the necessity of the life  and akin to the right to life enshrined as a fundamental right in our constitution. Thus we find that the complainant is entitled for electricity connection. The question formulated above is decided in favour of the complainant. We hereby direct the OP to release the electricity connection of 2KW for domestic use at the premises of the complainant within 15 days after completion of the all the formalities and direct the op to pay Rs.5000/ as litigation expenses. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.  A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER