West Bengal

Bankura

CC/39/2022

Sri Asoke Garai - Complainant(s)

Versus

Station Manager, Lalbazar Consumer Care Centre, WBSEDCL - Opp.Party(s)

Tapan De

10 Apr 2023

ORDER

  IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 39/2022

Date of Filing: 08.12.2022

Before:                                         

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant:  Ld Advocate Tapan De

For the O.P. Ld Advocate Jayanta Chowdhury

 

Complainant  

Sri Asoke Garai,  S/O Habu Gorai, Lalbazar Majhi Para, P.O. , P.S. & District- Bankura, PIN-722 101                                                                                                                                         

Opposite Party          

Station Manager, Lalbazar Consumer Care Centre, WBSEDCL, Lalbazar, P.O., P.S. & District - Bankura, PIN-722 101

FINAL ORDER / JUDGEMENT  

Order No.05

Dated:10-04-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he applied for a domestic electric connection before the O.P. on payment of requisite fees and charges including Security deposit and Service connection charges but the connection could not be effected to the complainant by serving a letter dated:- 30-08-2022 on behalf of the O.P. stating therein the pendency of outstanding dues.

According to the complainant one Arun Kumar Karmakar being the tenant under the complainant enjoyed electric connection at the rented premises in his own name without the consent of the complainant and as such the complainant is not liable for payment of outstanding dues of his aforesaid tenant. The complainant has however got possession of the said rented premises under an eviction decree granted by the Ld. Civil Court, Bankura in T.S. Case No.63 of 2011. The complainant has therefore approached this Commission for appropriate relief.

                                                                                                                                                                                        Contd…….p/2

Page: 2

The O.P. contested the case by filing a written version denying all the material allegations made in the complaint but contending inter alia that the complainant has already an old service connection in the name of said Arun Kumar Karmakar bearing Consumer I/D No.232013357 having outstanding dues of Rs.29,084/- which comes to Rs.1,14,135/- after assessment of LPSC and as such the O.P. has no obligation under the law to install electric connection in the said premises of the complainant unless outstanding dues as claimed by the O.P. under the old connection is cleared by the complainant.           

-:Decision with reasons:-

Having regard to the facts of the case, materials on record and submission and contention on both sides the Commission finds that admittedly the complainant had a service connection in the same premises in the name of his tenant Arun Kumar Karmakar and the complainant legally recovered the possession of the said rented premises through the execution of decree by the competent Civil Court.

Under the Electricity Act and the Regulations thereunder the tenant cannot have any electric connection without the knowledge of the Landlord. Though the O.P. could not produce any No Objection Certificate/Consent Letter of the Landlord at the time of hearing regarding the previous old connection in the name of the tenant but that will not obliterate the obligation and liability of the Landlord / Complainant towards the outstanding bill of the tenant.

Under Notification No.46/WBERC, dt.31-05-2010 issued by the West Bengal Electricity Regulatory Commission it is specifically provided in Regulation No.13.9 that for getting new connection for supply of electricity from a Licensee an intending Consumer shall be required to pay all outstanding dues to the Licensee in respect of any other service connection held in his name located in the area of supply of the same Licensee and he/she shall also be responsible for payment of outstanding charges calculated in a prorated manner to his establishment that he /she has had a nexus with the previous consumer (s) including the Purcaser / the new Licensee / the Tenant of a property or a portion thereof in respect of which there are outstanding charges and / or  has / had  benefited from non-payment of the aforesaid outstanding dues by the previous Consumer to the Licensee.

                                                                                                                                                                                        Contd…….p/3

Page: 3

When said Arun Kumar Karmakar is a legal tenant under the complainant by issuance of rent receipt as evident from the Judgement dated:03-11-2017 of Ld. Civil Judge, Junior Division, 1^st Court, Bankura in T.S. Case No.63/2011 such tenancy also includes electricity service and so the complainant cannot plead the lack of knowledge or consent to such service connection of the tenant.

In view of the aforesaid Regulation under the Electricity Act and the Landlord-Tenant relationship between the parties the complainant cannot avoid the liability of payment of outstanding dues under the old service connection enjoyed by the tenant. However the liability of the complainant should be limited to the payment of outstanding dues of Rs.29,084/- excluding the LPSC thereon.

The case therefore succeeds.

Hence  it is ordered……..

That the case be and the same is allowed on contest against the O.P.

The O.P. is directed to install domestic service connection to the premises of the complainant within one month from this date subject to payment of Rs.29,084/- excluding LPSC thereon as claimed by the O.P. and  compliance and observance of other legal formalities I/D the complainant may get the relief through execution of this order.

Both parties be supplied copy of this Order free of cost.  

 

  ____________________                ________________              _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER         HON’BLE MEMBER