DATE OF FILING : 03.03.2015.
DATE OF S/R : 20.04.2015.
DATE OF FINAL ORDER : 24.09.2015.
Sri Biswa Bandhu Chakraborty,
son of late Prafullya Chakraborty,
residing at 13/11/1, Kanta Pukur 3rd Bye Lane, P.O. Kadamtala,
P.S. Bantra, District Howrah,
PIN 711 101….. ………... …..…………………………...……….…... COMPLAINANT.
1. Smt. Puspa Paul,
wife of Sri Biswa Nath Paul,
residing at at 13/11/1, Kanta Pukur 3rd Bye Lane, P.O. Kadamtala,
P.S. Bantra, District Howrah,
PIN 711 101.
2. District Engineer,
CESC Ltd., having its office at
433/1, G.T. Road ( North ), P.S. Golabari,
District Howrah,
PIN 711 101. ……………………..…………………………….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
- The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction to be given upon the o.p. no. 2 not to create any obstruction at the time of giving electric connection by o.p. no. 1 to the complainant, to pay Rs. 5,000/- as litigation and Rs. 50,000/- as compensation along with other order/ orders as the Forum may deem fit and proper.
- The case of the complainant, in brief, is that the complainant is residing at municipal holding no. 13/11/1, Kanta Pukur, 3rd Bye Lane, P.O. Kadamtala, P.S. Bantra, Howrah, as tenant of o.p. no. 1. It is also stated by the complainant that there is a eviction suit pending before the Court of Ld. 2nd Civil Judge, Sr. Division, Howrah, for which complainant is paying the rent before the ld. Court month by month. Also complainant has filed a suit for declaration injunction being T.S. No. 173 of 2011 before the ld. Civil Judge, Jr. Division, 7th Court, Howrah. Complainant has applied for installation of a separate meter in his name before o.p. no. 2 in his tenanted portion as there is a severe requirement of installation of an air conditioner machine for his ailing daughter in law who has been advised by her treating doctor to remain in a cool place. O.p. no. 2 also raised a M.A. bill dated 21.6.2014 vide Annexures for an amount of Rs. 7,070/- which was deposited by the complainant by 14.7.2014 and the due inspection work by the o.p. no. 2 is already completed for the installation purpose. But it is alleged by the complainant that due to huge and serious objection raised by the o.p. no. 1, o.p. no. 2 could not give the necessary connection to the electric meter which has already been installed by o.p. no. 2. It is also stated that the main of o.p. no. 2 also visited on 14.02.2015 to give connection but due to o.p. no. 1, no fruitful result came out. Being frustrated and finding no other alternative complainant filed this instant complaint with the aforesaid prayers.
- Notices were served upon the o.ps. O.ps. appeared and filed written version. Accordingly the case was heard on contest against the o.ps.
4. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. The o.p. no. 1 in her written version stated that complainant is damaging the tenanted area as well as other part of the building by causing material deterioration of the condition of the premises including the internal electrification of the building by doing the conceal wiring. Moreover, it is also alleged by o.p. no. 1 that complainant has been threatening her and her mother and husband. The o.p. no. 2 in his written version has categorically stated that electric meter has already been installed being meter no. 4841888 in the name of the complainant but it is obligatory on the part of the complainant to complete and draw the internal wiring connecting the main switch. But complainant could not do the needful so the service connection could not be effected. Complainant has submitted the Xerox copy of the electric bill for August, 2014 raised by o.p. no. 2. Electricity is an emergency service. Light is off life is off. We have been experiencing severe heat during last couple of years in summer . Installation of an air conditioner machine has become very essential. Here o.p. no. 2 has discharged its part of duty but due to huge objection of o.p. no. 1, o.p. no. 2 could not render ultimate service to the complainant. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his demand requires to be fulfilled.
Both the points are accordingly disposed of.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 89 of 2015 ( HDF 89 of 2015 ) be and the same is allowed on contest without costs against the O.P. no. 1 and 2.
That the o.p. 2 is directed to effect electric supply to the meter lying in the name of the complainant at the schedule premises within one month hereof. Complainant is to complete necessary internal wiring in the mean time.
That the o.p. no. 1 is directed not to create any obstruction in the above matter i.d., complainant and o.p. no. 2 are at liberty to take the assistance of local police. The Bantra P.S. is directed to accord necessary cooperation in this matter.
No order as to costs and compensation.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
