Ld Advocates are present. Judgement is ready, it is pronounced in open Commission in 3 pages 2 separate sheet of paper.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the Complainant is a law abiding citizen and he has  absolute right, title and possession in plot No. (L.R.) 163 of mouza Kantia, P.S.-Tamluk, Dist.- Purba Medinipur. The Complainant, for the power connection, applied before the Station Manager, Matangini C.C.C having application No. 2003962119. The O.P. made inspection of the residence of the Complainant. After the inspection, the Complainant was asked to deposit Rs. 2104/- (Two Thousand One Hundred Four Only) and for which a quotation was issued from the office of the O.P. on 12.06.2022. The Complainant deposited the amount of Rs. 2104/- on 08.07.2022 as service connection charge and security deposit in the office of the O.P. in due time and for which two receipts vide No. 5502422 and 5502423 were issued infavour of the Complainant. Since then the complainant met the O.P. on time without number but all attempts went in vain. As all the attempts made by the Complainant have got failed, finding no other way, the Complainant has come before the Ld. Forum for the redressal of his grievances, particularly for not providing electric connection to the Complainant by the O.P. For such negligence and deficient service to the consumer, the O.P. is liable to pay damage and compensation to the tune of Rs. 38,000/- as prayed for, any other order/orders as the Commission may deem fit and proper.

The op has contested the case by filing Written Version against the complaint. In its written version the op has stated inter alia that the case is not maintainable in its present form and in law. The schedule Hand Sketch Map of complaint is totally false, imaginary and baseless. There is no physical existence of any baram (way leave) from the house of complainant to nearby pole. The fact is that the Opposite Party did not make any negligence or deficiency of service in providing electric connection at the house of complainant. After receiving the application for new connection from complainant, Opposite Party inspected the complainant’s house on 30.06.2022 and as per inspection report Opposite Party had issuedquotation on 08.07.2022. Thereafter receiving the security deposit and service connection charges from the Complainant, Opposite Party issued work order on 08.07.2022. Opposite Party submits that as per the work order dated 08.07.2022  op’s authorized agency M/S Sarada Power Generation went to the house of complainant and installed the allotted service connection meter being No. GE 0121272 in the house of complainant. But at the time of drawing of electric cable from the nearby pole a strong physical objection was raised by the neighbours of TapanMaity and as such officials of M/S Sarada Power Generation had been compelled to stop the electrification works and uninstalled the electric meter from the house of complainant and reported the same to the office of the Opposite Party on 11.07.2022. Opposite Party subsequently vide letter dated 11.07.2022 informed complainant to submit proper way leave as required in Format- A of the service connection application and requested to meet with opposite party in order to resolve the issue. But complainant did not meet with Opposite Party thereafter and did not provide the required way leave for the service connection. Opposite Party submits that Opposite Party did not make negligence or deficiency of service in providing the service connection. Opposite Party did not make any delay. Opposite Party within 30 days from the date of application for service connection took all necessary and needful attempts to effect the electric connection. But due to non co-operation of complainant Opposite Party could not effect the service connection and so called delay was caused. Opposite Party always ready to provide the service connection if complainant provide proper way leave and police protection. But by suppressing the aforesaid facts and without complying the requirements of the letter dated 11.07.2022 the complainant most illegally filed this case with false imaginary base statements and claims. Complainant is not entitled to get so called claim of compensation as he prayed for. In the aforesaid circumstances, this case is liable to be dismissed with costs.

Points for determination are:                                                            

1. Is the case maintainable in its present form and in law?    

2. Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused and assessed the affidavit of the complainant, written version filed by op, evidence of both parties and other documents. We have anxiously considered the arguments advanced by the Ld counsel of rival parties.

Indisputably, the  complainant  applied for electric connection in his dwelling house before the Station Manager, Matangini C.C.C having application No. 2003962119. The O.P. made inspection of the residence of the Complainant. After the inspection, the Complainant was asked to deposit Rs. 2104/- (Two Thousand One Hundred Four Only) and for which a quotation was issued from the office of the O.P. on 12.06.2022. The Complainant deposited the amount of Rs. 2104/- on 08.07.2022 as service connection charge and security deposit in the office of the O.P. in due time and for which two receipts vide No. 5502422 and 5502423 were issued in favour of the Complainant. The complainant has complained of negligence and deficiency of service in providing electric connection at the house of complainant. The bundle of facts show that the instant case is maintainable in its present form and in law.

Now, it appears that the op could not effect the electric connection,  according to op, at the time of drawing of electric cable from the nearby pole a strong physical objection was raised by the neighbours of Tapan Maity and as such officials of M/S Sarada Power Generation had been compelled to stop the electrification works and uninstalled the electric meter from the house of complainant and reported the same to the office of the Opposite Party on 11.07.2022. But we do not find any cogent evidence in respect any protest or written objection allegedly raised by any neihbour or co-sharer of the complainant.  On the other hand from the certificate issued by the Pradhan , Kakharda G.P it is evident that there is no impediment in effecting electric connection in his dwelling house.

In such context the ratio laid down in the full Bench judgement of three judges of the Hon’ble Calcutta High Court, that, is AbhimanyuMazumdarvs Superintending Engineer [AIR 2011 Cal 64] is applicable inasmuch as it was held that a person in “settled possession “ is entitled to get electricity under section 43 of the Electricity ACT 2003 irrespective of the lawfulness/legality of such possession.

That apart , it is well settled that mere electricity connection can  not create any special equity or right in favour of the consumer. Right , title and possession has to be adjudicated by a Competent Civil Court if the situation so arises. The complainant is not an unauthorised occupant of the land in question his name has been recorded in the ROR. The purported objector, if any, has nothing to do with the electric connection of the complainant. Thus, as for relief , the complainant is entitled to get the electric connection in his dwelling house. The op has caused delay without any justifiable reason. In the facts and circumstances of the case, we are not inclined to impose any amount as towards compensation or litigation costs upon the op.

Both the points are disposed of accordingly.

Thus, the case succeeds.

Hence, it is

O R D E R E D

That CC/118 of 2022 be and the same is allowed on contest against the op.

The op is hereby directed to install / effect electric connection in the dwelling house of the complainant situated in plot No. (L.R.) 163 of mouza- Kanktia, P.S.- Tamluk, District.- Purba Medinipur within 30 days from the date of this order.

In default, the op will have to pay Rs. 100/- per day from the date of this order till the date of installation of electric connection to the Complainant.

The complainant will be at liberty to put the order into execution as per law.

Let a copy of the judgment be supplied to each of the parties free of cost.