West Bengal

Kolkata-I(North)

CC/12/240

Seema Dutta - Complainant(s)

Versus

M/s. CESC Ltd. and another - Opp.Party(s)

25 Mar 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/12/240
 
1. Seema Dutta
45/1, B.L. Saha Road, Kol-53.
Kolkata
WB
...........Complainant(s)
Versus
1. M/s. CESC Ltd. and another
CESC House, Kol-1.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
PRESENT:
 
ORDER

In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.

 

CDF/Unit-I/Case No. 240/2012   

 

1)                   Ms. Seema Dutta,

            45/1, B.L. Saha Road, KolKata-53.                                                                     ---------- Complainant

 

---Versus---

 

1)                   M/s. CESC Ltd.

CESC House,  Kolkata-1.        

 

2)       District Engineer,

M/s. CESC Ltd.

South-West Regional Office,

P-18, Taratalla Road, Kolkata-88, P.S. Taratolla.                                                  ---------- Opposite Parties

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                                                                

Order No.   9    Dated  28-03-2013.

 

            The case of the complainant in short is that complainant and his husband Sri Khokan Dutta are residing in one bed room, varanda and common bath and privy in the ground floor of the said premises mentioned in the cause title of this petition and complainant as one of the owners of the said premises. Complainant has no electric meter / connection they are passing the days with great hardships without electricity.

            Complainant on 21.2.12 applied for installation of new electric meter / connection for domestic purpose to the CESC Ltd. and deposited the earnest money a sum of Rs.200/- before the o.ps. and the District Engineer of CESC Ltd. vide letter dt.21.2.12 informed the complainant that an inspetion would be carried out on 29.2.12 between 9-00 a.m. and 1-00 p.m. and assured the complainants to make the meter board position fully accessible during such inspection.

            There is an electric meter room situated at the common space at the said premises no.110, B.L. Saha Road mailing address 45/1, B.L. Saha Road, P.S. Behala, Kolkata-53 and other the electric meter of the CESC Ltd. have been installed in the said meter room.

            CESC Ltd. wrote a letter to the complainant on 27.2.12 and stated that to select a suitable common place for installation of new meter with the owner of the premises.  As per letter dt.27.2.12 complainant wrote a letter the o.ps. on 28.3.12 and request to inspection and install new meter to the complainant.

            Complainant states that due to in-action on the part of o.ps. the complainant went to the office of o.ps. and requested for new meter immediately to the aforesaid premises but o.ps. did not take any action for installation of new meter. And for the above reason complainant obtain an order from the Ld. Executive Magistrate at Alipore and said order served to the CESC Ltd. but till the date no action taken by the CESC Ltd. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

 

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.ps. in the course of argument strongly submitted that complainant is not entitled to new electric meter unless complainant provides suitable space for such installation.

Decision with reasons:                                                                                  

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant applied for a domestic electric meter to o.ps. and o.ps. held inspection and for want of adequate and proper space installation was not possible for them. But fact remains that complainant applied for installation of new domestic electric meter and paid Rs.200/- towards earnest money and complainant happens to be one of the owners of the premises where the complainant resides. We find that complainant is entitled to installation of new electric meter and prayer of the complainant deserves consideration.

            Hence, ordered,

            That the case is allowed on contest without cost against the o.ps. O.ps. are jointly and/or severally directed to install new electric meter in the house of the complainant within thirty days from the date of communication of this order after observance of all the statutory formalities by the complainant and complainant will arrange for a suitable space wherein such installation of new electric meter can be done by o.ps. and O.C. concerned P.S. is also hereby directed to ensure peaceful installation of new electric meter in the house of the complainant by deploying adequate police force on the date and venue intimated to them by o.ps. failing which, complainant shall be at liberty to ensure the award by way of filing execution case provided complainant shall provide suitable space for such installation within five days from the date of communication of o.ps. regarding this order.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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