DATE OF FILING : 05.12.2013.
DATE OF S/R : 25.02.2014.
DATE OF FINAL ORDER : 16.10.2015.
Raj Kumar Gupta,
9/10, ( previously 10 ), Dayaram Naskar Lane,
P.O. Ghusuri, P.S. M.P. Ghora,
District Howrah,
PIN 711107. ………………………………………………………… COMPLAINANT.
- Versus -
1. Chittaranjan Das Gupta,
son of Bhagwan Das Guprta,
9/10 ( previously 10 ) Dayaram Naskar Lane,
P.O. Ghusuri, P.S. M.P. Ghora,
District Howrah,
PIN 711107.
2. District Engineer,
CESC Ltd., 433/1, G.T. Road ( N ), P.S. Golabari,
Howrah 711101.……………………………………………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
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Raj Kumar Gupta, against the o.ps., Chittaranjan Das Gupta and CESC Ltd., praying for a direction upon the o.p. no. 2, District Engineer, CESC Ltd., 433/1, G.T. Road ( North ), Howrah, to render new electric connection to the petitioner at premises no. 9/10, Dayaram Naskar Lane, P.O. Ghusuri, P.S. M.P. Ghora, Howrah, and also prays for police protection at the time of rendering such connection and compensation of Rs. 50,000/- and litigation costs of Rs. 10,200/-.
- The case of the petitioner is that he being a tenant in the above premises and the o.p. no. 1 has been trying to evict him from the tenanted room and disturbing his right though accepted Rs. 300/- per month as rent. The petitioner has been living without electricity and so applied before CESC on 05.8.2013 for electric connection. The o.p. no. 2 obstructed the o.p. no. 1 in rendering such connection and finding no alternative the petitioner filed this case.
- The o.p. no. 1, Chittaranjan Das Gupta, contested the case by filing a written version denying the allegations made against him and further submitted that the petitioner is not premises tenant and residing with all his family members for more than 30 years and rather the petitioner suppressed the material facts and is a trespasser and trying to cause illegal acts and not entitled to electric connection.
- In spite of service of notice, the o.p. no. 2 though appeared in the case but did not file any written version. So the case is heard ex parte against o.p. no. 2, CESC Ltd.
- On the above cases of the parties the following issues are framed :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether the petitioner is a tenant / occupier ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In support of his case the petitioner, Raj Kumar Gupta, filed affidavit in evidence and submitted that he applied before the CESC Ltd. but no connection has yet been given to him and thus compelling him to file the case. In support of his occupation in the case premises, he has filed his ration card, PAN Card, savings bank pass book, LPG connection and others showing the present address and proving the fact that he is an occupier of the said premises at 9/10, Dayaram Naskar Lane, P.O. Ghusuri, P.S. M.P. Ghora, Howrah. As regards obstruction of o.p. no. 1 that the petitioner is a trespasser in the premises, this Forum finds that the petitioner occupied the premises is fact and he applied for electric connection is fact and the o.p. no. 2, CESC Ltd., has no yet rendered any electric connection to the petitioner is fact and it is also fact that the o.p. no. 1, Chittaranjan Das Gupta, has no right to object in getting fresh electric connection by the petitioner in his occupied premises as is the law in the land. Thus, the petitioner successfully proved the fact that he has a need of electricity and the o.p. no. 2 has to provide such electric connection to the petitioner and the o.p. no. 1 has no right to object in the said matter.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 424 of 2013 ( HDF 424 of 2013 ) be and the same is allowed on contest against o.p. no. 1 and ex parte against o.p. no. 2, CESC Ltd., but without costs.
The petitioner is entitled to get electric connection in his occupied premises at 9/10, ( previously 10 ), Dayaram Naskar Lane, P.O. Ghusuri, P.S. M.P. Ghora, Howrah, and the o.p. no. 2, CESC Ltd., is directed to render such electric connection to the petitioner within 30 days from the date and in case of any obstruction by o.p. no.1, the petitioner as well as o.p. no. 2 would approach local p.s. for their assistance during rendering such connection.
As regards compensation and litigation costs, this Forum passes no order as no evidence in support of such mental torture or trauma and also cost for filing the proceeding.
The o.ps. not complying the order of the Forum within the stipulated period, the petitioner would be at liberty to put the order in execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
