Fact of the case in short is that this Complainant is residing in her paternal house for the last six years in separate mess.  So, the Complainant filed an application to the O.P. for getting new connection.  Thereafter, enquiry was made by the O.P. in this regard and issued a quotation in favour of this Complainant on 02-07-2015 and this Complainant deposited the entire amount as stated in the quotation; but this O.P. has not given any electric connection to the house of the Complainant.  So, this Complainant has filed this case and prays for making direction upon the O.P. to give electric connection at his residence and also for relief reliefs.

This case is being contested by the O.P. by filing W.V. denying all allegations as made in this petition contending inter alia that the allegation made by the Complainant are vague and without basis.  There is a huge outstanding due of electricity in the premises from earlier consumer where Complainant is seeking electric connection which was in the name of Ram Dasi Mishra and Niranjan Sharma but; this Complainant filed application for getting new electric connection suppressing the said facts.  So, this complaint is liable to be dismissed.

                                                      Points for determination.

1)  Whether the Complainant is entitled to any new electric connection in this premises in question.

2).  Whether there was any deficiency in service as alleged by the Complainant.

3).  Whether the Complainant is entitled to relief as prayed for.

                                                             Decision with reasons.

In this case Ld. Advocate for Complainant argued inter alia that this Complainant is occupying case premises belong to his father and his father has given him license orally to occupy / reside in the premises in question.

Father of the Complainant has got no objection if the electric connection is given to the premises in question and father of the Complainant has shown affidavit in this regard.

On the other hand written argument has been submitted on behalf of the O.P.

We have carefully heard the submissions made by the Ld. Advocates.

Perused the written argument submitted on behalf of the O.P.   It is admitted fact that the Complainant applied for new electric connection through on line on 02-07-2015 in the case premises where there was a connection previously in the name of Ramdasi Mishra and Niranjan Mishra. Further case of O.P. was that there was an outstanding dues for consumption of electricity in respect of the said service connection to the tune of Rs.64,514/- and Rs.36,883/-.  So, this O.P. has alleged that there is a nexus in between present Complainant and the previous consumer.  So, the O.P. has made prayer to dismiss this Complaint.

It appears that this Complainant has applied for new electric connection in the premises which is under his occupation as licensee and said premises belong to his father namely Dewkinandan Sharma who has sworn an affidavit stating inter alia that if electric connection is given to his premises occupied by Complainant then he has got no objection.

On the other hand O.P. has made strong objection in giving electric connection stating that Ramdasi Mishra and Niranjan Mishra were the previous consumer of electricity in the case premises for which this Complainant has made application for getting new electric connection and there was dues of electricity charges to the tune of Rs.64,514/- and Rs.36,883/- from previous consumer.

In this case burden of proof lies upon O.P. that Niranjan Mishra and Ram Dasi Mishra were the occupier of the premises in question and were consumers having electric connection in the said premises and there was outstanding dues of electricity charges.

No electric bills or documents have been filed to prove that Ram Dasi Mishra and Niranjan Mishra got electric connection previously in the premises in question.

No documents have been produced to prove that there is outstanding charges of electricity from said Ram Dasi Mishra & Niranjan Mishra.

So, we hold that O.P. could not be able to prove that Niranjan Mishra and Ram Dasi Mishra were the consumer having electric connection in case premises and they have outstanding dues of electricity charges.  O.P. also could not be able to prove that there was nexus in the matter of taking  new electric connection in between this Complainant and previous consumer of electricity i.e. previous occupier of case premises.

Let us see whether there was any bar in giving electricity to a new applicant if there was any outstanding dues of electricity charges made by any previous occupier or consumer of electricity of the premises in question.

It has been observed by the Hon’ble High Court reported in AIR 2004 Orissa page 74 [ Division Bench ] inter alia that supply of electricity – cannot be withheld on ground that some arrears and other dues towards electricity charges for premises in question are payable to electricity board from brother of petitioner who also occupied premises.

In the present case the O.P. is withholding electric connection to the premises in question on the ground that some arrears and other dues towards electricity charges for the premises in question are outstanding  / not paid by previous occupier / consumer.

So, in view of the above observation of the Hon’ble Court referred to above that supply of electricity to the premises in question cannot be withheld on the ground that previous consumer who occupied the premises in question previously has not paid electricity charges.

In view of the above facts & circumstances and discussion made above we are inclined to hold that the Complainant is entitled to new electric connection to the premises in question subject to filing of consent letter from the owner of the premises.

In this case we also do not like to impose any cost of litigation or any compensation upon the O.P. Station Manager, WBSEDCL. In view of observation of the Hon’ble NCDRC reported in 2015 (1) CPR page 57 (NC) as O.P. is a Govt. undertaking concerned.

In the result the Complaint case succeeds.

Hence, it is

                                                                              Ordered.

That the Complaint Case No.110 of 2015 be and same is hereby allowed on contest against Station Manager, Patpur C.C.C., WBSEDCL, Patpur, Bankura but without cost.

O.P. is hereby directed to give electric connection to the premises in question for which Complainant has already applied for subject to deposit of no objection / consent letter executed by the owner of the land / premises by sixty (60) days from the date of receipt of consent letter / no objection letter.

Complainant is directed to submit / deposit no objection certificate or consent letter duly signed by owner of premises in question by thirty (30) days from the date of receipt of copy of Judgement to the office of O.P. and to receive its acknowledgement.

Prayer made by Complainant for other relief is rejected.

Thus the complaint is hereby disposed of.

Let plain copy of this Judgement be given to the parties free of cost.