DATE OF FILING : 21.07.2015.
DATE OF S/R : 03.09.2015.
DATE OF FINAL ORDER : 29.04.2016.
Sri Rabin Khara,
son of late Mathor Khara,
residing at village & P.O. Wadipur, P.S. Domjur,
District Howrah.……………………………………………………… COMPLAINANT.
- WBSEDCL,
AE & Station Manager, Domjur, Customer Care Centre,
village & P.O. &P.S. Domjur,
District Howrah,
PIN 711405.
- Sri Indu Bhusan Das,
son of late Sudhir Das,
- Smt. Kalpan Das,
wife of Sri Indu Bhusan Das,
- Sri Sankar Das,
- Sri Dud Kumar Das,
nos. 4 k& 5 sons of late Moni Mohan Das,
- Kartick Das,
- Bablu Das,
nos. 6 and 7 sons of late Narahari Das,
all are residing at village & P.O. Wadipur, P.S. Domjur,
district Howrah,
PIN 711411. ……………………………………………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, Rabin Khara, against the o.ps. Station Manager, WBSEDCL, Domjur CCC, and six others, praying for directing the o.p. no. 1, WBSEDCL, to give new electric connection in the residential premises of the petitioner set up in RS dag no. 311 and khatian no. 275 & 276 in mouza Wadipur, P.S. Domjur, and compensation of Rs. 5,000/- to be paid by o.p. no. 1 to the petitioner and also directing the o.p. nos. 2 to 7 not to create any disturbance while o.p. no. 1 rendering such new electric connection.
- The case of the petitioner is that he is a resident of mouza Wadipur, P.S. Domjur, and his house is situated in R.S. dag no. 351 and he applied for a new connection to the o.p. no. 1. The o.p. no. 1 sent notice on 25.4.2015 as new service connection would not be provided to the petitioner. The o.p. nos. 2 to 7 raised objection regarding connection to the petitioner and submits that he applied for such connection for his house situated at his own land and taking advantage of the objection of the o.p. nos. 2 to 7, the o.p. no. 1 denied to give such connection and so he filed this case.
- The o.p. no. 1, WBSEDCL, contested the case by filing a written version denying the allegations made against them and submitted that the case is not maintainable and it is barred by limitation. The o.p. no. 1 further submitted that the petitioner applied for electric connection and deposited quotation amount but due to strong resistance by Dipak Das, Debi Das, Rama Dutta, Karabi Das, Dudhkumar Das, Kalpana Das and Indra Bhusan Das and others, the o.p. no. 1 could not render service connection at the premises of the complainant as there are disputes of civil nature between the parties and strong objection raised by the others. The o.p. no. 1 company being public utility concern and engaged in catering supply of electricity have no objection for giving electricity to any body and never guilty of negligence and there is no deficiency in service on their part and so the case be dismissed against them.
- The o.p. nos. 2 to 7 though did not appear in the case or file any written version yet one document has been filed by petitioner that they have no objection if the petitioner gets fresh electric connection in his premises and such an amicable solution was reached amount them in presence of their Village Member, Ashoke Kumar Das. That the petitioner would take connection from the pole in a meter room which has already been constructed by him.
- On the above cases of the parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioners have any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps. ?
- Whether the complainants are entitled to get any relief as prayed for ?
DECISION WITH REASONS :
In view of above this Forum finds no reason to deny the claim of the petitioner who is entitled to the relief as prayed because the o.p. no. 1 wants to render fresh connection to the petitioner and o.p. nos. 2 to 7 also have no objection in the same.
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. 261 of 2015 ( HDF 261 of 2015 ) be and the same is allowed on contest without costs against the O.Ps.
The O.P. no. 1 is directed to render fresh electric connection in the schedule mentioned premises of the petitioner by installing a new electric meter within 30 days from the date of this order.
No order is passed as to compensation and costs as deficiency is not established.
The complainant is at liberty to put the final order into 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.
