1)      SHANKAR SEULI,

S/O Dhananjay, Seuli,

Vill + P.O. Deulpur, P.S. Panchli

Howrah  711 411--------------------------------------------------------  COMPLAINANT.

-          Versus   -

1)      Sri Kartick Seuli,

S/O Lt. Kalipada Seuli,

Vill + P.O. Deulpur, P.S. Panchli

Howrah 711 411

2)      The Station Manager,

Jaladhulagari ccc,  

West Bengal State Electricity Distribution Co. Ltd.

Howrah-------------------------------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

F  I   N   A    L       O    R   D    E     R

The instant case was filed by Complt. U/s 12 of the C.P Act,1986 as amended against the O.P. alleging deficiency in service U/s 2(1)(g) and 2(1)(o) of the C.P. Act,1986 wherein the Complt. Sankar Seuli, a BPL card holder has prayed for direction upon the O.P. No. 2 to affect the service connection to the premises of the Complt. and to restrain the O.P. No. 1 from registering the execution of the electric connection.

         As per  prayer of the Complt. who deposited Rs. 6,500/- against service connection charge and security deposit money on 05.11.2012 , the O.P. NO. 2 /or his representative . on 24.11.12 and 25.11.12 tried to affect the service connection, when the O.P. No. 1 raised objection and created obstruction resulting non-effecting of the said electric connection. 

         The O.P. No. 1 Shri Kartick Seuli in his written version stated that the electric line supposed to pass over the  Dag No. 4365,4354 are under the possession of this answering O.P. by way inheritance since the time of the  predecessor and that this O.P. No. 1 shall not raise any objection for getting new electric connection to the Complt. without disturbing his peaceful possession ( herein O.P. No. 1) .  Hence the name of this O.P. No. 1 should be expunged from this instant case.  

         Upon pleading of both the parties we think two points require determination.

1) Whether there is any deficiency in service on the part of the O.P.2  ?

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

DECISSION WITH REASONS

         The prayer of the complainant does not suffer from any ambiguity.  He is the owner of separate plot being a BPL card holder, where he resides which is contiguous to the plot No. 4365 and 4354 owned by O.P. 1.  The O.P.2 has no objection to effect the new service connection if there is no disturbance or obstructions by O.P. No. 1.  Therefore we are of the view that the prayer of the Commplt. Should be allowed in terms of  Sec, 43(1) and 43(3) of electricity Act, 2003 where the sub section (3) of the said section provides that a failure to effect of such supply within specified period would involve penal consequences .  It is therefore untenable in law to suggest that the statutory duty on the part of the licensee can not be discharged for the failure of the complainant to provide necessary free access for supply of electric energy.    In the event the licensee finds that there are obstruction or difficulties in effecting service connection and the applicant is unable to provide wayleave, it would be the duty of licensee to undertake necessary works as provided under part VIII of the electricity Act,2003 read with the works of licensee rules 2006 to ensure that such supply is effected . 

         In the result we are of the view that this is a fit case where prayer of the Complt. shall be allowed. 

         The points are accordingly disposed of.

         In the result the complaint succeeds.

Hence,

 Ordered

That the CC case No. 127 of 2013 (HDF 127 of 2013) be and the same is allowed on contest without cost against the O.P. NO. 2 and dismissed without cost against the O.P. NO. 1

         The O.P. No. 2 , WBSEDCL, be directed to effect the new electric service connection in the schedule premises of the Complt. where quatational amount have been deposited by the Complt. within 30 days from the date of this order giving top most priority because of the fact the consumer /complainant is a BPL card holder.

         The O.P. NO. 1 is hereby restrained from causing any disturbance at the time of effecing new election service connection.

         In case of any illegal objection by any person , Complainant and O.P. No. 2, WBSEDECL  shall approach to the local police station for help.  The I.C. Panchla police station shall be under obligation to provide necessary assistance or protection to the men and officer of the WBSEDCL authority for providing supply to the complainant premises in case of approach made by the WBSEDCL authority. 

No cost of compensation or litigation are awarded.

         The complainant is at liberty to put the degree into execution after expiry of the appeal period.

                        Supply the copies of the order to the parties, as per rule.      

DICTATED  &    CORRECTED

BY   ME.  

          (P. K. Chatterjee )                                             (P. K. Chatterjee)

  Member,  C.D.R.F.,Howrah.                          Member,  C.D.R.F.,Howrah.

          (Jhumki Saha)                                                (T. K. Bhattacharya)

 Member, C.D.R.F.,Howrah.                          President,  C.D.R.F.,Howrah.