JUDGEMENT

          Complainant by filing this complaint has submitted that due to urgency of a new electric connection, the complainant made application for a meter, Type-Commercial to the CESC Ltd. upon payment of necessary service charges a sum of Rs.200/- and the CESC Ltd. duly accepted the same.  Thereafter the CESC Ltd. issued a letter to the complainant’s name on 30.07.2013 and informed that an inspection would be held on 14.08.2013.  Thereafter CESC Ltd issued a letter to the complainant on 08.08.2013 and refused to give new meter/loop meter to the complainant’s name in violation of principal of natural justice and CESC Ltd. stated that due to getting supply from another meter, op is unable to give new meter to complainant which is baseless, illegal and not maintainable in law.

          That after received of the said letter, the complainant wrote a letter to the CESC Ltd. and briefly discussed about the urgency of meter.  But as per law, op submitted that the complainant has no right to enjoy another electricity meter.  But that is completely illegal because electricity is an essential service and every person has right to enjoy it upon payment of necessary service charges and the complainant is ready to pay the said charges to op and refused to give new supply is illegal.  In the circumstances, for deficiency and negligent manner of service, the present complaint is filed.

          On the contrary op by filing written version has submitted that there was no deficiency on the part of the op and present complaint is vague and baseless and entire condition is disruption of fact.  But it is specifically submitted that after carrying out screening of the said application and/or checking the internal records of the op on 08.08.2012, op no.2 intimated to complainant that the complainant is deriving supply from an existing meter and as per the terms of clause 15 of the Regulation No.22 of the West Bengal Electricity Regulatory Commission (W.B.E.R.C.), the ops are in able to give any new connection for separate meter.

          So, as per clause 15 of the said regulation No.22 of W.B.E.R.C., op sent a letter to the complainant and further op has submitted under any circumstances violating the provision of W.B.E.R.C., op cannot give any connection and for which it was reported and there was no fault on the part of the op and prays for dismissal of the case.

                                                         Decision with reasons

          After hearing the Ld. Lawyers of complainant and also the op, including the complainant’s version, it is proved that complainant has been enjoying electricity from existing another meter as a shop complex after getting license from the Kolkata Municipal Corporation.  Further it is found from the letter dated 08.08.2013 which was received by the complainant that op reported that at the time of site inspection, it was found that complainant had been getting electricity from existing meter and as per terms of Clause 15 of Regulation No.22 of W.B.E.R.C., op is unable to accede to the request of the complainant for a separate meter and that letter was sent on 08.08.2013 and by that letter it was informed that complainant must have to report within 45 days from the date of receipt of that letter about his willingness to get back the deposited fund after deduction of 25%.  But complainant no doubt did not report and in place of that the complaint was filed on 08.11.2013 for redressal.  

  No doubt after considering the provision of Clause 15 of Regulation 22 of W.B.E.R.C., it is found that op is unable to give a new connection for separate meter when there is a common commercial meter in any shop premises and after considering that provision, we find that there is some legal obligation in respect of giving of a new connection on the ground the complainant is running a commercial complex and the main meter was investigated wherefrom shop complex shall have to get electricity and shall have to consume electricity.  If any shop owner wants to know that he may place it with the permission of CESC, but complainant did not adopt that procedure.  But as per mandatory provision of clause 15 of Regulation No.22 of W.B.E.R.C. op is barred to give any new connection where there is a main electricity connection meter within the shop complex of the op at 25A, Sir Guru Das Road, Kolkata – 700011.  So, in this case no doubt after considering the provision of law as laid down in Clause 15 of Regulation No.22 of W.B.E.R.C., we find that op had no deficiency in service or negligence for giving of a new electricity connection.

Considering the above fact and materials, we are convinced to hold that complainant has failed to prove by any cogent evidence that there was any deficiency or negligence on the part of the op.

Moreover the complainant can only ask for the purpose of getting actual consumption made by him in a month, may exchange by one sub-meter with previous consent of the op and in this regard if complainant files any application before op, in that case, op shall have to consider the same and may fix a sub-meter to determine his monthly consumption of the present commercial meter at commercial complex of 25A, Sir Guru Das Road of Kolkata – 700011.  But no other matter can be decided if there is any allegation of the complainant against the op, complainant shall have to file application to the Chairman, W.B.E.R.C. for redressal and that is the procedure of law.

Thus the complaint fails.

Hence, it is

                                                 ORDERED

That the complaint be and the same is dismissed on contest against the op without any cost.

The parties shall have to act as per guidelines given by this Forum for installation of a sub-meter if any on the basis of the prayer of the complainant and to that effect op shall have to follow the same and if complainant is unwilling in that case complainant may file such application before the Chairman of W.B.E.R.C. for getting such relief because that commission is the highest authority to decide any such dispute in respect of the consumer.

In all respect the direction as given in the body of the judgement shall be treated as part of the order and parties shall be guided by that order also.