Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he is a tenant under the landlord Dr. Manas Kumar Das, and by paying monthly rend to Rent Controller vide Controller challan dated 20-06-2013 and complainant used one room with varandah and common user of privy with bath in the room No.28 on the western side and complainant has no electric meter in the said room, so he made an application for electric connection for domestic purpose from the CESC Ltd. and the CESC Ltd. verified all necessary documents about complainant’s status and issued application form for new connection to the complainant in the year 2005.

          Thereafter, CESC Ltd. issued a letter to the complainant on 04-02-2005 and informed that an inspection will be carried out on 16-02-2005 and they did the same and District Engineer, CESC Ltd. issued a letter to the complainant on 26-02-2005 informing that same persons raised an objection for installation of the new meter and further wrote a letter to the complainant on 10-11-2005 stating that the OP4 filed a Title Suit being No.342 of 2005 and Ld. Court has passed an order on 28-10-2005 directing not to install any meter in the place where the meter of said Smt. Dey is situated and that Civil Suit is pending before Civil Judge at Sealdah Court but subsequently, this suit was dismissed on 14-12-2011.  Further complainant submitted that actual owner of the premises is Dr. Manas Kr. Das and he has no objection for installation of new meter to the complainant and the OPs No.3 and 4 have no locus standi to raise any objection for installation of new meter to the complainant and it is not a dispute between the complainant(tenant) and the landowner and he has a right to enjoy electricity as per law and as per Electricity Act and provision u/s.43(1) of the Electricity Act a tenant is entitled to enjoy electricity from the CESC.  So, the objection raised by the third party has no base and same is illegal.  But the liability to supply electrical energy to the prescribed consumer even objection raised by the owner or by the occupier or tenant in any premises what is fixed principle of law.  So, OP is liable to supply that connection without any objection but that has not been disposed as yet and fact remains complainant is ready to pay necessary service charge as per law and CESC Ltd. authority is liable to give new line and for which the present compliant should be allowed for directing the OP to give new connection to the complainant at premises No. 301/A, Vivekananda Road, Kolkata – 6 with necessary police help from the nearest police station for giving electric line to the complainant and prays for relief.

          On the other hand the OPs1 and 2 by filing written version submitted that complaint is false and frivolous and fact remains that inspection could not be carried out on 16-02-2005 but actually by the letter dated 10-11-2005 written by the OPs to complainant OPs expressly stated that on 16-02-2005 and 22-10-2005 OPs deployed its men to carry out inspection but in both occasions the access to the existing meter board of the premises were not provided to the Inspector and for which the application of the complainant of the year 2005 had already been cancelled and closed on the ground on 16-02-2005 and 22-02-2005 for not getting meter board and that matter was reported vide letter dated 10-11-2005.  Thereafter, complainant did not contact or make any communication with the OP though OP waited for 6 months and all those documents as per procedure waiting for another 6 months from the date of closing the file is destroyed and fact remains for which there is no scope to consider the present prayer of the complainant in view of the above fact.  So, complainant may file a fresh complaint to the effect as the entire complaint is not maintainable and is liable to be dismissed.

          On the other the OPs 3 and 4 by filing written statement has submitted that they are taken care of the premises and so, occupants are not allowed by OP3 and to use and filed case for injunction and order was passed and there is no place to fix new meter whether no place is further meter and the entire allegation of the complainant is false and fabricated and prayed for dismissal of the case.

Decision with Reasons

Fact remains this application was filed on 16-08-2013 and as per order of the Civil Court it is found that the Title Suit No.342 of 2005 was dismissed for default on 14-02-2011 but considering the written version of the OPs1 and 2 it is clear that the application which was filed by the complainant was cancelled on 10-11-2005 because OPs failed to communicate any access to inspector to inspect the premises before installing any meter and also did not get any access to existing meter board then it was the duty of the complainant to file a complaint within 2 years from the date of cancellation of application for new meter and that cancellation was passed on 10-11-2005 then after lapse of 6 years this complaint is not maintainable and in the above situation complainant has no alternative but to file a fresh complaint along with the consent of the owner when complainant has claimed that owner has no objection for granting any meter then invariably at the time of fresh application complainant shall have to submit the consent letter of the owners or owner’s authorized representative who are looking after the property of the owner and OP electricity authority shall have to consider the entire aspect as per West Bengal State Electricity Rules and Tariff Rule etc. shall consider a fresh if any such application is filed by the complainant.

          In this case the complainant’s Ld. Lawyer submitted that complainant deposited application money and when application was cancelled the application money shall be refunded but after lapse of 7 years they again contacted with the OP for refund of that but same is time barred and there is no such prayer of the complainant for refund of such refund of money which has been deposited in 2005 but what we have gathered that in all respect the complaint is not maintainable and barred by limitation in view of the fact the cancellation of the application for granting new meter had been passed on 10-11-2005 but this complaint is filed after lapse of 6 years and further at the time of filing this complaint no such application u/s.24A of the C.P. Act, was filed for which in our view the complaint is not maintainable and complainant is not entitled to get any relief as prayed for.

Hence,

Ordered

That the case be and the same is dismissed on contest without an yu cost against the OP.

          Complainant may adopt for getting such meter as per Electricity Rules and by making such fresh application regarding old application complainant has no legal right to raise it as it was cancelled on 10-11-2005.

Dictated & Corrected

      by me