DATE OF FILING : 14.01.2015.
DATE OF S/R : 13.03.2015.
DATE OF FINAL ORDER : 07.10.2015.
Tapasi Naskar,
daughter of late Balai Naskar, village & P.O. Kandua, P.S. Sankrail,
District Howrah,
PIN 711302. ….……………………………………………………… COMPLAINANT.
1. Station Manager,
WBSEDCL, Panchla Group Electricity Supply Customer Care Centre Ranihati,
P.S. Panchal, District Howrah,
PIN 711322.
2. Babusona Mondal,
son of late Jaladhar Mondal,
3. Meghnad Naskar,
son of Sukumar Naskar,
both o.p. nos. 2 & 3 are of village & P.O. Kandua, P.S. Sankrail,
District Howrah,
PIN 711302. ………………………………………………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, Tapasi Naskar, praying for a direction upon the o.ps.. WBSEDCL Panchla Group Electric Supply CCC, Ranihati P.S. Panchla, to install electricity in the house of the complainant with the help of police of Sankrail P.S. and to pay compensation of Rs. 50,000/-.
- The case of the petitioner is that she is owner of her house situated at R.S. Dag no. 1240, L.R. Dag no. 1232 of Mouza Kandua, P.S. Sankrail, and the o.p. nos. 2 & 3 residing side by side and there is a 4’ to 6’ wide common passage for their egress and ingress from the village road wherein the o.p. no. 1 has light post and wherefrom the o.p. no. 1 supplied electricity to o.p. nos. 2 & 3. The petitioner applied for fresh electric line and deposited the security amount and also the amount for connection charge amounting to Rs. 388/- and Rs. 400/- respectively as per quotation of the o.p. no. 1 who verified the spot on inspection and the o.p. nos. 2 & 3 resisted the o.p. no. 1 and they could not install the new electric connection even though they are enjoying electricity and having no right to oppose. The o.p. no. 1 did not take proper step and so the case is for deficiency in service with the aforesaid prayers.
- The o.p. nos. 2 & 3 contested the case by filing a separate written version denying the allegations of the petitioner but submitted that they are joint owners of bastu land along with petitioner and there is pitch road by the eastern side of the land and there is brick built road by the southern side of the two lands. The o.p. nos. 2 & 3 has been residing at the western side of the brick built passage. The petitioner can get his electric connection by fixing a pole at the southeast corner but wants to have the same through the courtyard of o.p. no. 3 over the brick built road. The petitioner wants illegal connection forcibly over the plot of o.p. nos. 2 & 3 and they prayed for dismissal of the case.
- The o.p. no. 1 contested the case by filing a written version wherein denied the material allegation made against WBSEDCL and also submitted that the petitioner is guilty of suppression of material facts and o.p. no. 1 tried to effect connection to the premises of the petitioner but due to strong objection from local people they could not effect such connection and lodged a complaint in Sankrail P.S., Howrah. There was no deficiency on their part and they prayed for dismissal of the case as they are always ready and willing to render such connection.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps.?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In the instant case the petitioner applied before the o.p. no. 1 , WBSEDCL, for a fresh electric connection at her house through the brick built road connecting the village road and her house. The o.p. nos. 2 & 3 are the adjacent neighbours who objected to such connection resulting which the o.p. no. 1, WBSEDCL, could not render such line. It is noticed from the land map supplied by the o.p. nos. 2 & 3 that there is a brick built passage which is wide common passage through which the o.p. nos. 2 & 3 also got electricity. But for the petitioner they showed a separate passage for bringing such electricity. It is best known to the o.p. no. 1 as to wherefrom the line could be drawn and they went to effect the electric connection as is accepted by the petitioner and the o.p. no. 1 could not effect such electric connection as the o.p. nos. 2 & 3 vehemently objected to the same. Thus, this Forum finds no deficiency in service on the part of the o.p. no. 1 and so petitioner is not entitled to any compensation. The petitioner successfully proved her case and she is entitled to get electricity and the o.p. no. 1 is willing to give such electric connection to the petitioner and the o.p. nos. 2 & 3 could not produce before the Forum a reasonable case as to what prompted them to object for effecting such electric line.
In view of above the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 16 of 2015 ( HDF 16 of 2015 ) be and the same is allowed on contest without costs against the O.Ps. and also without compensation as no deficiency in service on the part of o.p. no. 1.
The petitioner is entitled to a fresh electric connection to her house and the o.p. no. 1 WBSEDCL, Panchla Group Electric Supply CCC, is directed to effect such electric line and supply the same to the petitioner within 30 days from the date of this order and in the event of any obstruction the o.p. no. 1 is given liberty to take police help of local police station and the o.p. nos. 2 & 3 are directed not to raise any obstruction in the compliance of the order and any of the o.ps. not complying the above order, the petitioner would be at liberty to put the final order in execution.
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.
