In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.263/2012
1) Sri Sitaram Jha,
14, Souren Roy Road, Kolkata-14. ---------- Complainant
---Versus---
1) M/s CESC Ltd.
CESC House, Kolkata-1.
2) District Engineer, M/s. CESC Ltd.
South West Regional Office,
P-18, Taratala Road, Kolkata-88. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 8 Dated 30/01/2013.
SHARMI BASU, MEMBER
The case of the complainant in short is that the complainant being an occupier of the premises 14, Souren Roy Road, Kolkata-14 applied for new connection for domestic purpose to the CESC Ltd. (o.ps) but o.ps. on 2.5.12 sent a letter to the complainant stating that as the complainant is getting supply which is adequate to cater for his loan-requirement and for the above reason inability to give new connection of electricity to the complainant was intimated by o.ps. Hence the case was filed by 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 has interalia stated that complainant wanted for a separate meter in his name to the o.ps. and o.ps. asked for ownership document for his separate portion but he did not produce any separate regd. document in his favour within a stipulated period of 45 days an d the o.ps. having no alternative but to revert the case on split load ground.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and it is observed by this Forum that admittedly the complainant applied for new electric connection for his residence which was rejected by the o.ps. on the ground of existing meter from where complainant is getting supply of adequate capacity to his load requirement.
In this regard we are of the opinion that being Authorized Supplier of Electricity CESC could not give any indulgence in getting supply from any electric connection from any existing meter of any other consumer as per section of the Electricity Act, 2003. Moreover, as the electricity is one of the most essential necessity of human being at modern civilization complainant / consumer should not be deprived to get new-electric connection in his name. Moreover, as per the Electricity Act, 2003 even the occupier is entitled for getting electric connection. From the record of the instant case it reveals to this Forum that the complainant is occupier of that premises for a long period (at least from 1995). Therefore, we have no hesitation to hold that the complainant is entitled for relief and the o.ps. are liable for deficiency in service towards the complainant / consumer and for the deficiency in rendering service of the o.ps., the complainant has to suffer mental agony and harassment.
Hence, ordered,
That the case is allowed on contest with cost against both the o.ps. O.ps. are jointly and/or severally directed to give new electric connection in the address of the complainant and complainant shall provide space for installation of new meter in the name of complainant and are further directed to pay compensation of Rs.2000/- (Rupees two thousand) only for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
