DATE OF FILING                    :     16.09.2014.

DATE OF S/R                            :      13.11.2014.

DATE OF FINAL ORDER      :     29.01.2015.

Sk. Mahammad Faruk,

son of Sk. Abul Hossain,

Village Khardaha, P.O. Tulshiberia, P.S. Amta,

District Howrah………………………………………………………… COMPLAINANT.

• Versus -

   

  1.         Sk. Ashadulla,

  son of late Sk. Abdul Jabbar,

  Village Khardaha, P.O. Tulshiberia, P.S. Amta,

  District Howrah,

  PIN  711101.

   

  2.         Station Manager,

  Amta 1, WBSEDCL,

  Amta Customer Care Center, Mallick Market, Kalatala,

  Amta, village, P.O. & P.S. Amta, District Howrah,

  PIN   711  401…...………………………………………..OPPOSITE PARTIES.

   

                                                  P    R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member       :     Smt. Jhumki Saha.

                           

                                                   F  I   N   A    L       O   R   D    E     R

   

   

• 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 2to provide electric connection as per his application as he is in dire necessity of the electricity for his new premises purchased on 24.09.2012.

   

• 2. The o.p. no. 2, WBSEDCL in the written version contended interalia that due to the order of statuesque passed by Civil Judge, Jr. Division, Amta, andfor the objection raised by the o.p. no. 1, the connection could not be effected.

3. The o.p. no. 1 in his written version contended interalia that civil suit is pending; that there is an order of statuesque; that his interest will be prejudiced if an electric line is drawn to the premises of the complainant.

4.        Upon pleadings of both parties two points arose for determination :

i)          Are there any deficiency in service on the part of the O.Ps.  ?

1. Whether the complainant isentitled to get any relief as prayed for ?

    

    

   DECISION  WITH   REASONS      :

    

   5. Both the points aretaken up together for consideration. The o.p. no. 2 is ready for effecting new connection as the formalities have already been completed. The only point as raised by the o.p. no. 2 is the objection raised by the o.p. no. 1 who has filed one partition suit.
   6. Be it mentioned that the C. P. Act, 1986 is a beneficial legislation. Electricity is an emergency service. Partition suit filed by the o.p. no. 1 cannot stand in the way of installation as the disposal of the same is time-consuming involving preliminary and thereafter final decree. The need of electricity cannot be bypassed on the ground of pendency of a civil suit, and there is no bar in choosing thisForum vide Section 3 of theC.P. Act, 1986. Accordingly, both the points are disposed of in favour of the complainant.

      Hence,

  O     R     D      E      R      E        D

        That the C. C. Case No. 503 of 2014 ( HDF 503  of 2014 )  be and the same is   allowed on contest as against o.p. no. 2 without costs and dismissed as against the o.p. no. 1 on contest without costs.  

      The O.P. no. 2  be directed to effect new electric connection to the complainant’s premises as stated in the application within 30 days from the date of this order.  

      The complainant shall be at liberty to pray for police help at his own cost if there is obstruction from any 3^rd party.

      No order as to compensation or costs.

             Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F., Howrah.