DATE OF FILING                    :     17.04.2014.

DATE OF S/R                            :      04.08.2014.

DATE OF FINAL ORDER      :     14.05.2015.  

Sri Sambhu Ghosh,

son of late Radheshyam Ghosh,

residing at 44, Nilmoni Mullick Lane,

P.S. & District  Howrah.... …..…………………………...……….…...  COMPLAINANT.

• Versus   -

1.         Sri Bijoy Kr. Gupta,

son of late Bindreswar Prasad  Gupta,

residing at 44, Nilmoni Mullick Lane,

P.S. &  District Howrah,

PIN 711101.

2.         District Engineer,

 CESC Ltd.,

 at 433/1,  G.T.  Road ( North ), P.S. Golabari,

 Howrah 711101.……………………………………………….Opposite Parties.

                                                P   R    E     S    E    N     T

Member In Charge      :      Smt. Jhumki Saha.

                                        Member       : Shri Subrata Sarker.

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. 2 for effecting new electric connection in his residence, to pay a compensation of Rs. 1,00,000/- and  litigation costs of Rs. 5,000/-  along with other order/ orders as the Forum may deem fit and proper.
2. The case of the complainant, in brief, is that the complainant purchased 3 cottah 4 chittak and 29 sq. ft. of bastu land consisting of two storied building vide Annexure sale deed, where o.p. no. 1 occupied the ground floor of the said building illegally.  Out of which complainant sold 1 cottah 9 chittak together with the  old building to Smt. Bani  Ghosh vide Annexure sale deed. Thereafter complainant applied for electric connection before CESC Ltd. for his portion of property and complied with  all  formalities and deposited Rs. 200/-  as earnest money for which o.p. no. 2 raised  MASD Bill dated 28.6.2013. And that MASD Bill was also paid.  But at the time of installation of electric connection, the o.p. no. 1 illegally and arbitrarily obstructed the job of the o.p. no. 2, CESC Ltd. In addition to that o.p. no. 1 filed a Title Suit being no. 181 of 2013 before the 3^rd Civil Judge ( Jr. Division ), Howrah, against the complainant. Thereafter  complainant went to the office of the o.p. no. 2 several times and requested them to effect the installation of the electric connection but the o.p. 2 did not pay any heed to his request. Being frustrated and finding no other alternative complainant filed this instant complaint with the aforesaid prayers. 
3. Notices were served upon the o.ps. O.ps. appeared and filed separate 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.  ?

2. Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. Both the points are taken up together for consideration. We have carefully gone through the written versions and the evidences filed by o.p. nos. 1 & 2 and noted their contents.  It is the case of the o.ps., CESC Ltd.,  that civil dispute pending between the complainant and the o.p. no. 1 so  o.p. no. 2, although made attempts for several times to effect the electric connection at the premises no. 44B, Nilmoni Mallick Lane, Howrah 711101 owned by the complainant, could not do the same. Moreover,  o.p no. 2 is highly prevented by the o.p. no. 1 during their repeated visits. Here we take a pause.   The complainant purchased the property, he has every right to get electricity at the property in question as electricity is a bare necessity in modern human life.  O.p. no. 2, CESC Ltd., raised a MASD Bill date 28.6.2013 and the complainant deposited the bill. So he is a consumer U/S 2(1)(d) of the C.P. Act, 1986.  Mere pendency of  a civil suit  cannot debar the complainant from enjoying the electricity.   Electricity is an emergency service. Light is off life is off.  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. 230 of 2014 ( HDF 230 of 2014 )  be and the same is   allowed on contest without    costs as  against  the O.P. no. 2, CESC Ltd., and dismissed without costs against o.p. no. 1.     

      That the o.p. no. 2 is directed to effect  electric connection in the name of the complainant by installing meter at the scheduled premises in question after observing all official formalities within one month from the date of this order.  

      If there be any resistance by anyone including the o.p. no. 1  against such supply of electricity in the said premises, the o.p. no.  2, CESC Authority shall be at liberty to take  necessary assistance or protection from Howrah  P.S. The I/C, Howrah P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the CESC Authority for providing such supply to the complainant in case of approach  made by the CESC Authority.       

      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 In Charge, C.D.R.F.,Howrah.