Order No.- 12. Shri B. Mukhopadhyay, President. This is an application u/s.12 of the C.P. Act, 1986. Present complainant by filing this complaint alleged that he is a consumer of commercial meter vide No.379771601 bearing consumer No.28029181009 which was installed at the premises No.66L, Suren Sarkar Road, Calcutta – 10 and the said meter stands in the name of company under the name and style as “S.P. Trading Company”. Since leaving of that place complainant repeatedly requested the OP2 to disconnect the supply standing in his name and to that effect several letters since 04-06-2012 seeking disconnection of supply had been made but that was neglected by the OP to disconnect for some ulterior motive as well as some unlawful gain. It is further case of the complainant that he found that an electric meter has been installed in the name of Mrinal Dutta vide consumer No.28029181027 prior to 17-09-2012 at the same premises without the knowledge and consent of the owner of the premises. The electric bill for the month of September, 2012 will reveal that the supply stands in the name of Mrinal Dutta, OP1 on the said premises. After such installation of meter in the name of Mrinal Dutta, OP1, the OP2 came to disconnect the supply with prior intimation to the OP1 not to the complainant. However, on arrival of the men of the complainant he was informed to come at the spot since a chaos was created by the occupants and their hired hooligans for restraining the employees of OP2 from disconnection of meter. From the conduct of the CESC men it was found that they had indulgence to create a chaos at the local collusively with the OP1. However, the complainant and his sons were hackled by the OP1 and his men and OP2 left the place without disconnecting the supply without lodging diary at the local P.S. and further reveals that the men of the OP2 came to the spot for playing hide and sick and for the show of disposal of the application of the complainant for disconnection. It is further alleged that fact of failure to disconnect the supply as well as the assault upon the complainant and his sons was reported to the local P.S. Beleghata on 17-09-2012. Subsequently, complainant filed a proceeding u/s.144(2) of Cr.P.C. vide M.P. 2223/12 was started by the complainant on 18-09-2012 and later on causing Magistrate passed such order – “OC of Behala P.S. is directed to enquire locally ad sent the report on 18-10-2012 and to see that no breach of peace takes place in the meantime, and to see that OP cannot create any sorts of obstruction towards lawfu7l work of CESC men into the schedule premises by any means and keep vigil”. Thereafter, the complainant along with the order of the Executive Magistrate communicated the same to the OP1 on 25-09-2012 with a request to execute disconnection within the stipulated time as fixed by the Ld. Court but despite receipt of the order the OP2 violated the order and still the said order is unattended. The very conduct and activities of the OP2 reveal that it is their ulterior motive to cause harassment and harm to the complainant by neglecting to perform its duties and obligations which are obligatory in accordance with law. Lastly, the complainant has alleged that the OP2 in collusion with OP1 deliberately violated the provisions of law and order of the Ld. Court and the OP2 has been grossly negligent and deficient in service relating to disconnection of supply thereby caused loss, injury, damage, harassment and mental agony. In the premises, complainant has prayed for disconnection of supply standing in the name of complainant’s company and the supply given unauthorizedly in favour of the OP1 in Premises No.66L, Suren Sarkar Road, P.S. Beleghata Kolkata – 10 and other damages. On the contrary OP2 by filing written version has submitted that process of written representation was taken by the company to disconnect the supply on 13-06-2012 and 17-09-2012 but the user of the meter in question did not allow the personnel of the company to disconnect the same and fact was intimated to the Registered Consumer vide Company’s letter dated 05-07-2012 and 25-09-2012 and further consumer was also requested to give and arrange free access at least 10 days well in advance to carry the disconnection job and till such date complainant failed to inform the company regarding the date when he can arrange for free access to the meter board so that the company’s personnel can give effect of disconnection. Further it is admitted by the OP2 Company that they are obliged to give effect on the request of the complainant subject to availability of free access to the meter board if access is made available to the meter board, the complainant will take immediate action. But anyhow complainant did not respond to the letters dated 05-07-2012 and 25-09-2012 enabling the company to five effect of disconnection and under the provision of law consumer is obliged to comply the formalities including free access to reach the meter board, enabling the company’s personnel to effect disconnection. But in the instant matter the consumer did not respond so the matter was not matured. Lastly it is alleged that the complainant failed to fulfill the necessary requirements of the OP2 company and for which the disconnection of the meter cannot be executed but there was no fault on the part of the OP Company. In the result, OP2 has prayed for dismissal of the case. On the other hand OP1 by filing written version submitted that he is a recorded tenant and care-taker in respect of the suit property and he is also known as Panchu Dutta and the landlady Smt. Ranu Roy who has already filed an eviction suit No.192/2011 against the OP1 in the name of said Panchu Dutta which is now pending before the Ld. 1st Civil Judge (Jr. Divn.) at Seladah where the OP1 contesting the said case by filing written statements and it would be clearly transpired from the copy of M.P. Case No.2223 of 2012, the complainant admitted the said fact, and said Smt. Ranu Roy sold her share to Smt. Sarada Gupta and the said Smt. Sarada Gupta is the present sole owner of the suit property hence the complainant has no right title and interest over the suit property although neither the said Smt. Ranu Roy not the said Smt. Sarada Gupta served any letter of attornment on OP1 and so he got electricity in his name at the suit property on proper enquiry, quotation and on payment of full requisites costs and so none has right to obstruct and disturb of the supply of the electricity to the complainant/OP1 and all other allegations of the complainant is against OP2 but only to harass the OP1 the present complaint is filed and in the circumstances, complaint should be dismissed. Decision with Reasons On proper study of the complaint and written statement as filed by the OPs and complainant and also considering the version of the OPs it is found that present complaint has a commercial meter vide No.3797716 – 01 bearing consumer NO.28029181009 at premises no.66L, Suren Sarkar Road, Kolkata – 10 and undisputed fct is that complainant has shifted his business at premises No.76/H/10, Beleghata Main Road, Kolkata – 10 but the said meter stands in the name of company of the complainant under the name and style as S.P. Trading Company and after leaving the place of the present premises complainant repeatedly requested the OP2 to disconnect the supply standing in his name and it is admitted by the OP2 that they received prayer for disconnection of supply from the said premises against his meter and connection but OP has stated that it was not possible due to resistance made by the OP1 and his some hooligans and it is also undisputed fact now in the said premises OP1 Mrinal Dutta has been residing and he has already got electric consumer line having No.28019181027 prior to 17-09-2012 at the said premises but it is undisputed fact that the complainant has no right title in the said premises and apparently it is found that the owner of the said suit premises is one Smt. Sarada Gupta and said Sarada Gupta also filed a Civil Suit (Eviction Suit No.192/2011) against OP1 before Civil Judge 1st Court, (Jr. Divn) at Sealdah. So, no doubt complainant cannot claim for disconnection of the consumer line of the OP1 by the OP2 but anyhow complainant has prayed for that which is not tenable in the eye of law and in view of the above fact we are of opinion that the complainant is not entitled to get any relief in respect of the disconnection of consumer line No.28029181027 which stands in the name of OP1 Mrinal Dutta. But on overall evaluation of the entire facts and materials it is found that OP2 CESC is bound to disconnect the complainant’s commercial meter connection vide no.3797716 – 01 bearing consumer No.28029181009 without any fail and without raising any objection from any corner but anyhow OP2 has tried to convince this Forum that complainant failed to give free access for disconnecting that line so it could not be disconnected and practically OP shifted the whole responsibility upon the complainant for not giving free access for disconnection but fact remains that Ld. Executive Magistrate passed order in a proceeding u/s.144(2) Cr.P.C. in M.P. Case No.2223/12 on 18-09-2012 directing the police of Beleghata P.S. to take such steps for lawful work of CESC men in the scheduled premises but that was not complied by the OP2. After indepth study of the written version and the present facts and circumstances we find that some occupants and their hooligans create resistance to OP2 who failed to disconnect then question is what positive step was taken by the OP2 for disconnection and apparently no step was taken by the OP2 in this regard. But the OP2’s childish defence only supports that OP2 has no desire to disconnect and for which OP2 did not report the matter to the police and did not pray for police help to disconnect the line of the consumer for the case premises No. 66L, Suren Sarkar Road, P.S. Beleghata Kolkata – 10 but the OP2 swallowed the resistance made by the hooligans and returned silently like a gentleman and this is the expression of the CESC administration then what more the complainant can expect from such authority. If the above fact is minutely considered by any prudent are reasonable man in that case anyone act easily draw an inference that OP is supporting the illegal act of the occupant Mrinal Dutta and his hooligan friends but OP has not taken any administrative step with the help of the police to discharge its legal duty to disconnect the complainant’s connection of the said premises when the complainant is not a tenant or owner of the premises at present and in view of the above fact and materials we are very much confirmed that CESC administration is sickly administration in respect of executing any execution work but said Company is otherwise very prompt to disconnect electric connection of bona fide consumers on tricky and flimsy ground. Whatever it may be after applying our judicial view and approach we are confirmed that OP has no desire in disconnecting the present consumer line and, in fact, OP did not take any positive legal step to disconnect but made false allegation against the present complainant what prompted this Forum to express that OP is nothing but sick administration to execute any manner of work but only work is to collect electric charges sitting in the glass-room. In the above situation and considering the material fact and shameless conduct of the OP up to this stage we are confirmed that complainant is being harassed by the OP for no ground when he has no fault for execution disconnection and when it is their power to execute by taking police help but that OP2 gives indulgence to wrongdoer and unauthorized act of the inmate OP1 and his hooligans. In the light of the above observation and relying upon the materials we are inclined to allow the complaint in part. Hence, Ordered That the complaint be and the same is allowed in part on contest against the OPs but with a cost of Rs.2.000/-(Rupees Two thousand only) against the OP1. OP2 is directed to take all legal steps and taking such police help from Beleghata to disconnect the said commercial connection of the complainant from the present premises within one month from the date of this order failing which OP2 shall have to pay a punitive damage of Rs.100/- per day till completion of the work of disconnection and if order of the Forum is repeatedly violated by this OP2, in that case OP2 may be penalized as per provision of Section 27 of the C.P. Act and further penalty may be imposed. OP1 Mrinal Dutta is directed not to create any disturbance with the help of hooligans at the time of disconnection of the commercial line of the complainant from the case premises and if it would be found that the police administration at the time of execution of the disconnection process by the OP2 if OP1 is collecting hooligans and creating disturbances and resistance with the help of hooligans in that case police authority shall have to arrest him (Mrinal Dutta) and his hooligans and produce them before this Forum for imposing penalty upon them and in that case OP1 shall have to pay a penalty of Rs.25,000/- before this Forum. No doubt considering the present episode we think that in future hooligan rule shall control the entire civil society and entire administration and as if entire administration shall be the projas of said hooligans but this trend shall be controlled by the police administration otherwise our civil society shall face set back and considering the present horrible situation and also their future trends we are convinced that the democratic society of our country like India shall be satire at the hands of hooligans and so we are requesting the Police Commissioner, Kolkata (Commissioner of Police) to execute the order by rendering of help to OP2 and CESC Authority to OP2 is directed to meet I.C., Beleghata at once and disconnect the complainant’s electric line from the case premises. We are very much hopeful that dynamic action shall be taken I.C., Beleghata and CESC Authority and including OP2 generally for a simple job of disconnection of commercial line of the complainant from the case premises. Send a copy of this order to the Commissioner of Police and I.C. Beleghata for information and for executing the order by the OP and its authority, CESC.
| | [HON'ABLE MR. A. K. CHANDA] MEMBER[HON'ABLE MR. B. MUKHOPADHYAY] PRESIDENT[HON'ABLE MRS. SANGITA PAL] MEMBER | | 
