Date: 23-06-2015

Sri Debasis Bhattacharya

The instant appeal arises out of Order dated 04-12-2014, passed by the Ld. District Forum, Purba Medinipur in E.A. No. 17/2014, whereof W/A (non-bailable) has been issued against the JDr.  Being aggrieved by and dissatisfied with the same, the JDr thereof has moved this appeal.

Case of the JDr, in brief, is that vide Order dated 23-04-2014 in C.C. No. 6/2014, the Ld. District Forum directed it to effect service connection to the Complainant/DHr.  The JDr made several attempts to comply with the order of the Ld. District Forum, but due to severe objection raised by local people, it could not be done.  So, it approached the Officer-in-Charge, Moyna P.S. on 27-05-2014 to provide police personnel to effect service connection.  However, they too expressed their inability to control the law and order situation and as a result, the new service connection could not be effected.  As the Ld. District Forum repeatedly directed it to effect service connection, the JDr again made representation before the police authorities on 20-11-2014 for arranging a strong contingent of police personnel to control the hostile situation, but to no avail.  The JDr also intimated the Ld. District Forum about its predicament, but the latter issued WA against it.  Hence, the appeal.

Case of the DHr, on the other hand, is that he applied for domestic connection before the JDr on 12-07-2011.  Accordingly, the JDr issued a quotation on 01-09-2011 and requisite money thereof was deposited on 15-09-2011.  However, when the JDr came to effect service connection to his house, his neighbours raised physical objection for which, such connection could not be effected to his house. The Ld. District Forum in its order observed that, ‘…. From the report of the B.L.& L.R.O., we find that there is a pathway on the western side of the Plot Nos. 1819, 1816, 1815, 1814 and 1820’.  Therefore, the insistence of the JDr for production of way leave certificate is against the Regulation No. 13.17 of the W.B.E.R.C. (Standards of Performance of Distribution Licensees Relating to Consumer Services), Regulation, 2010.  The order passed in the complaint case in question being not challenged, it attained finality.  Therefore, it is incumbent upon the JDr to take necessary measures to comply with the said order and insofar as they have neglected to carry out the order, the Ld. District Forum has rightly issued the WA and as such, there is no infirmity with the impugned order.

Ld. Advocate for the Appellant has submitted that it is ever willing to effect service connection to the house of the DHr and has taken all possible steps to carry out the order of the Ld. District Forum.  However, since the police authorities failed to ensure proper security arrangements for its personnel, nothing could be done.  There has never been any intentional laches on its part in this matter and as such, the impugned order be set aside. 

Ld. Advocate for the Respondent No. 1, on the other hand, has contended that the B.L.& L.R.O. report clearly points out that a pathway is there on the western side of the Plot Nos. 1819, 1816, 1815, 1814 and 1820 and so, there is no reason for the Appellant to insist for fresh way leave from him.  If the local police station indeed expressed their inability to control the law & order situation effectively, they could have asked the S.P., Purba Medinipur to take proper security measures, but citing such alleged inaction on the part of the local police station, it cannot sit idle.  After taking service charge from a prospective consumer, the Appellant cannot abdicate its responsibility as laid down under the Electricity Act, 2003.  The impugned order is perfectly in order and therefore, the same be upheld.

It transpires from the copy of letter dated 02-12-2014, issued by the Appellant to the Ld. District Forum that the Moyna P.S. was repeatedly approached by it for providing necessary police personnel to give effect to the order of the Ld. District Forum, but being cold shouldered from the side of the local police station, it could not carry out the order.  To substantiate such contention, the Appellant also attached a copy of its letter addressed to the Officer-in-Charge, Moyna P.S. being Memo No. 6207 dated 20-11-2014 seeking police assistance for this purpose.  Before that, as it transpires from the record that the Appellant vide its letter dated 09-06-2014 apprised the Ld. District Forum about the steps initiated by it, including seeking police assistance, to effect service connection to the residence of the Respondent No. 1 vide its Memo No. 1682 dated 27-05-2014.  So, taking into consideration such undisputed documentary evidence on record, we find no reason whatsoever to call in question the sincerity of purpose on the part of the Appellant to effect service connection to the Respondent No. 1/Complainant.  So, in such circumstances, we deem it proper to set aside the impugned order at this stage.

From the copies of letters addressed to the Moyna P.S. vide memo No. 1682 dated 27-05-2014 and Memo No. 6207 dated 20-11-2014, it is evident that despite repeated requests, the Moyna P.S. faltered and nonchalant in rendering due assistance to the Appellant.  By such act of omission, the Officer-in-Charge, Moyna P.S. has affronted the Order of the Ld. District Forum, which is not at all a healthy scenario and highly condemnable.  They must realize that such abject failure to control a few unruly persons does not christen the image of concerned police station in any way, if at all they care for it.  It requires no emphasis that it is the sacrosanct duty of the police authority not only to handle law and order situation in an effective manner, but also to render due assistance to public utility service providers to enable them carry out their statutory obligations. Besides, against the backdrop that a specific order to this effect has been passed by a competent Court of Law, the least that was expected of the concerned police station that they would show due regard to it. Instead of taking any penal action against the police of the Moyna P.S., it was wrong on the part of the Ld. District Forum to issue W.A. against the Appellant.  In these circumstances, the Superintendent of Police, Purba Medinipur is hereby requested to render adequate police assistance to the Appellant to enable the Appellant to comply with the order of the Ld. District Forum forthwith.

In the result, the appeal succeeds.

Hence,

ORDERED

That the appeal be and the same is allowed on contest against the Respondent No. 1 and dismissed ex parte against the Respondent No. 2, but without any order as to costs.  The impugned order is hereby set aside and the W.A. stands recalled.