DATE OF FILING                    :     28.09.2015.

DATE OF S/R                            :      09.10.2015.

DATE OF FINAL ORDER      :     10.03.2016.

Rashida Begum,

w/o. Saheb Hossain Ansari

of  15, P.M.  Bastee 3^rd Bye Lane, P.S. Shibpur,

District Howrah,

PIN 711102.  ………………………………………………………… COMPLAINANT.

• Versus   -

1.         Rabia Begum,

wife of late Sk. Bismilla,

of 15, P.M. Bastee 3^rd  Bye Lane, P.S. Shibpur,

District  Howrah,

PIN  711102.

2.         Sri Prasenjit Karmakar,

District Engineer,

Howrah District, Howrah Regional Office,

433/1, G.T. Road ( N ),

Howrah 7111 01. ………………………………….………OPPOSITE PARTIES.

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak .

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Rashida Begum, praying for direction upon the o.p. no. 1, not to raise any objection at the time of inspection and installation of new electric connection by the CESC Ltd. and also direction upon the o.p. no. 2, District  Engineer, CESC Ltd., to install electric meter at the premises of the petitioner at 15, P.M. Bastee 3rd Bye Lane, P.S. Shibpur, District Howrah, PIN 711102, and also directing O/C of the local P.S. to give police protection to the petitioner at the time of installation and also compensation of Rs. 3 lakhs and litigation costs of Rs. 50,000/-.  

2. The o.ps. though served with notices and appeared but did not file any written version and thus the case was heard ex parte against them.  

3. The only point is whether the petitioner, Rashida Begum, is entitled to get fresh electric connection as a tenant ?

DECISION  WITH   REASONS      :

4. In support of her case,  the petitioner filed affidavit as well as documents which  show that he is a tenant in the said premises and she applied for fresh electric connection in his premises but the o.p. no. 2 informed her in writing that they could not carry out a inspection when they came to her address on 04.09.2015 between 9 a.m. to 10 a.m. The oral as well as documentary evidences prove the case of the petitioner as she is a tenant and she is entitled to electric connection as applied for before the o.p. no. 2. All the above oral and documentary evidences went unchallenged as there is nothing to disbelieve the case of the petitioner and she is entitled to fresh electric connection in her tenanted premises as is the law established in our country.     

In the result, the application succeeds.

Court fee paid is correct.

      Hence,

                       O     R     D      E      R      E        D               

      That the C. C. Case No. 339 of 2015 ( HDF 339 of 2015 )  be  and the same is  allowed ex parte without cost against the o.ps.

      The petitioner is entitled to fresh electric connection and installation of new meter in her premises as a tenant and the o.p. no. 2 is directed to  carry out such fresh installation and installation of new meter within 30 days from the  date of this order and the o.p. no. 1 is to co operate with the petitioner as well as o.p. no. 2 for such installation as a landlady and the installation be made within 30 days from the date of this order failing the petitioner would approach the O/C of the local P.S. who would render police assistance of the petitioner as well as o.p. no. 2 for compliance of this final order passed by the Forum this day.

      The o.ps. failing to comply the order of the Forum, the petitioner would be at liberty to put the order in execution. 

      Supply the copies of the order to the parties, free of costs.

     DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.