DATE OF FILING                    :     28.08.2014.

DATE OF S/R                            :      25.09.2014.

DATE OF FINAL ORDER      :     20.05.2015.  

Sri Gopi Nath Tarai,  

son of late Brajendra Nath Tarai,

having its shop at 83/1, Despran Sashmal Road,  

P.S. Bantra,  District  Howrah,

PIN 711101, and residing at 30, Bisweswar Banerjee Lane,

Kadamtala, Howrah. …… …..…………………………...……….…...  COMPLAINANT.

• Versus   -

1.         Mahamaya Paul @ Maya Paul,

wife of Rabindra Nath Paul,

residing at 83/1, Deshpran Sashmal Road, P.S. Bantra,

Howrah.

2.         District Engineer,

 CESC Ltd., Howrah Regional Office

 of  433/1,  G.T.  Road ( North ),

 Howrah 711101.……………………………………………….Opposite Parties.

 P   R    E     S    E    N     T

President       : Shri Bhim Das Nanda

Member     :      Smt. Jhumki Saha.

Member       : Shri Subrata Sarker.

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 wherein the complainant has  prayed for direction upon the o.p.no. 2 for effecting new electric connection at  his shop  along with other order/ orders as the Forum may deem fit and proper.
2. The case of the complainant, in brief, is that the complainant runs a shop named ‘M/S. Bharat Hardware Tools’ which is the only way to earn his livelihood. For want of  electricity, the day to day  work  of the complainant  is being hampered very badly. For which  complainant is facing several financial loss. So he  applied for an electric connection before the o.p. no. 2, CESC Ltd.  and complied all requisite formalities. At the time of installation of electric connection, the o.p. no. 1 and her son with some anti social elements prevented o.p. no. 2 to do the same. So the  complainant had to run his small shop without electricity for last 9 months and he  lodged a G. D. Entry before Bantra P.S. being  G.D. E. no. 506 of 2014 dated 09.8.2014.  Thereafter  complainant went to the office of the o.p. no. 2 for  several times   but the o.p. 2 did not pay any heed to his request. Being frustrated and finding no other alternative complainant filed this instant complaint with the aforesaid prayers. 
3. Notices were served upon the o.ps. Both the o.ps. appeared and filed  separate written versions.  Accordingly, the case was heard on contest against the o.ps.  

4.        Upon pleadings of   parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

2. 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. We have carefully gone through the written versions filed by o.p. nos. 1 & 2 and noted their contents. The o.p. no. 1 has totally denied and disputed all allegations made by the complainant  in his complaint petition.  But o.p. no. 2 in its written version has admitted that after receiving application from complainant on 24.12.2013, inspection was fixed on 06.01.2013 but the same could not be done as the meter board was under lock and key. O.p. no. 2 again made an attempt on 13.08.2014 but the result remained same.  Here we take pause.  Undoubtedly, it is not possible for the complainant to run a shop without electricity.  He has every right to get electricity at the shop room in question  which is the only way  to maintain his livelihood. We have also seen the certificate of his physical disablement provided by District Hospital, Howrah. and he has also submitted copy of trade license issued by Howrah Municipality, at the scheduled premises. For such a handicapped person, it is not possible for him to earn his livelihood by way of  moving here and there. And it is also understood very well that without electricity he is to face a great financial loss. Electricity is an emergency service. Light is off life is off.  Therefore, we are of the view that the complainant has a genuine demand.

      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. 479 of 2014 ( HDF 479 of 2014 )  be and the same is   allowed on contest without    costs as  against  the O.P. no. 2, CESC Ltd., and dismissed without costs against o.p. no. 1.     

      That the o.p. no. 2 is directed to give electric connection at the shop room of the  complainant by installing new  meter at the scheduled premises  after observing all official formalities within one month from the date of this order and o.p. no. 1 is strictly directed not to put any objection at the time of such installation.

      If there be any resistance by anyone including the o.p. no. 1 and her son  against such supply of electricity in the said shop room, the o.p. no.  2, CESC Authority shall be at liberty to take  necessary assistance or protection from Bantra   P.S. The O/C, Bantra  P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the CESC Authority for providing such supply to the complainant in case of approach  made by the CESC Authority.       

      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.  

           (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.