Order No.                 .

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

          Complainant Gita Biswas by filing this complaint submitted that she is one of the flat owners in respect of one room flat of 2^nd floor of Premises No.113/1, M.M. Feeder Road, Kolkata – 700 057 but she has no electric meter connection from existing A/c. Service for domestic purpose and use.  So, she applied for new electric meter on 06-05-2013 to the OP’s office duly accepting the said application along with earnest money of Rs.200/- and on 10-05-2013 inspection was held by the OPs about placement of new electric meter to the complainant.  Thereafter, on 11-05-2013 the OP2 refused/denied to sanction new meter in the complainant’s name until and unless shifting the existing service in the common wall in the aforesaid building.  But As per CESC Rule one existing service board minimum sanction of 20 numbers of meter of the CESC is there.   But at present there are only eight meters but even after that OP did not install new electric meter connection for the complainant and fact remains there are eight meters with 400 volt A.C. service where space is ready for installing the complainant’s meter and as a consumer being harassed by the OP the complainant filed this complaint for getting relief with a direction to the OP to give her new connection in the said premises from the existing service of the premises no.113/1, M.M. Feeder Road, Kolkata – 700 057.

          On the other hand, OP CESC Ltd. by filing a written version has submitted that during inspection it was observed that in existing service place as allotted there is no technical capacity to give new meters so complainant was requested to show them such common place for installation of electric meter only to avoid electrical hazards and OP reported it to the complainant but complainant sat idle and during that period did not give such information and further in the said space there is no scope for installation of further meters to intending consumers.

          It is further submitted that OP received three applications from the premises and OP intimated the complainant that technically space is not suitable so applicant was directed to give them suitable position for shifting the common A.C. service so that the OP may re-inspect the premises and consider her application and further complainant failed to identify any location and for which it is not possible for them to give her new connection but there was no negligence on the part of the OP and for which the complainant should be dismissed.

Decision with Reasons

Fact remains rather it is admitted fact that complainant is a flat owner of the premises no.113/1, M.M. Feeder Road, Kolkata – 57 and it is also fact that she prayed for new electric connection by depositing application form and the requisite fees of Rs.200/-.

          After hearing the Ld. Lawyers and also considering the documents it is clear that in the said premises and in the particular space where other members are there present, OP installed another new connection in respect of application filed by the said another flat owner namely Sachindra Nath Chakraborty on 01-10-2013 with the Police help but said Sachindra Nath Chakraborty filed application for taking or getting new electric connection long after the application filed by this complainant and that fact has not been denied by the OP then it is clear that there was scope to install new meter in the present space where some other 8 numbers of meters are fixed and considering that fact we have gathered that there was some nexus in between Sachindra Nath Chakraborty and the employees of the CESC for which Sachindra Nath Chakraborty got the new connection but present Mita Das is deprived to get it.

          Moreover, considering the defence of the OP we have gathered that OP wants not to give the connection to the present complainant though they have already installed new connection in the same place and position to one flat owner of the same building with the help of police and for which the defence as taken by the OP cannot be entertained by this Forum but the method as adopted in case of granting or installing new meter and electric connection to Sachindra Nath Chakraborty should be followed by the OP for giving new connection to the present complainant and no doubt complainant is entitled to get it without any objection from the OPs for any further reason whatsoever.

          In the light of the above observation we are convinced to hold that the complainant is entitled to get such relief and OPs are legally bound to give her new electric connection at her flat by installing the said meter in the present position where the meter of Sachindra Nath Chakraborty is installed.

In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.500/- against OPs.

          OPs are directed to give new electric connection as per her application dated 06-05-2013 to the premises No.113/1, M.M. Feeder Road, Kolkata – 57 for one room Flat of 2^nd floor to the complainant by adopting same procedure what the OPs adopted in giving electric connection lying to the flat owner Sachindra Nath Chakraborty on 01-10-2013 and in this regard OP shall have to give her connection after taking all other fees and charges and invariably said connection shall be given to her without seeking any further clarification from the complainant but the entire matter shall be completed within one month from the date of this order failing which CESC shall have to pay penalty @100 per day till full satisfaction of the decree.   

          OPs are directed to comply with the order very strictly within the stipulated period in default penal action shall be started for which they give further penalty to the extent of Rs.10,000/-

Dictated & Corrected

      by me