DATE OF FILING : 03-12-2013.
DATE OF S/R : 12-02-2014.
DATE OF FINAL ORDER : 28-07-2014.
Maidul Islam Sk.,
son of late Sk. Daulat Hossain,
residing at village – Jagadishpur, Jagadishpur Hat,
P.S. Liluah,District – Howrah. ---------------------------------------------- COMPLAINANT.
- Versus -
1. Station Manager,
WBSEDCL, Jagadishpur Hat Group Electric Supply,
Jagadishpur Hat, P.S. Liluah,
District – Howrah,
PIN – 711 114.
2. Sk. Nausad Ali, son of late Badrul Haque,
3. Sk. Ajad Ali, son of late Badrul Haque,
4. Sk. Saifuddin Ali,kson of late Badrul Haque,
5. Sk. Alauddidn Ali, son of late Badrul Haque,
6. Sk. Samsuddin Ali, son of late Badrul Haque,
7. Sk. Nurul Huda, son of late Sk. Sirajuddin,
8. Sk. Amanuddin, son of late Sk. Sirajuddin,
9. Selima Begum, wife of late Sk. Sirajuddin,
10. Amina Khatoon, daughter of late Sk. Sirajuddin,
All are residing at village – Jagadishpur, Jagadishpur Hat,
P.S. Liluah, District – Howrah,
PIN – 711 114. -----------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986,
as amended against the O.P. No. 1 WBSEDCL Authority alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the O.P. No. 1 WBSEDCL Authority to provide newelectric connection at the schedule premises at L.R. Dag no. 886, J.L. No. 2 lying and situated at mouza Jagadishpur, P.S. Liluah, District – Howrah, together with compensation and litigation costs as the O.P. No. 1 WBSEDCL Authority, in spite of observing the necessary formalities by the complainant has been deferring the supply of electricity for want of free access at the complainant schedule premise.
2. The brief facts of the case is that the complainant applied before the O.P. no. 1
WBSEDCL Authority for a separate domestic meter supply at his own residence L.R. Dag no. 886, J.L. No. 2 lying and situated at Mouza - Jagadishpur, P.S. Liluah, District – Howrah. The inspection was also carried out by the o.p. Thereafter quotational money of Rs.827/- was deposited by the complainant but the service connection could not be accelerated due to objection raised by o.p. nos. 2 to 10. Hence the case.
3. The o.p. no. 1 in his written version contended interalia that they are ready to
effect the connection if free access is available at the complainant schedule premises.
4. The o.p. nos. 2 to 10 on the other hand vide his written version stated that the
complainant as prayed for effecting service connection before the o.p. no. 1 i.e., WBSEDCL Authority at L.R. Dag no. 886, J.L. No. 2 lying and situated at mouza Jagadishpur, P.S. Liluah, District – Howrah, where a suit vide T.S. No. 73 of 1996 is pending before the ld. 2nd Civil Judge ( Sr. Division ), Howrah, and issued a confirmed order adinterim temporary injunction in the form of statusquo has been passed to be observed by the self-same parties in respect of the self-same dag for which the Forum has got no jurisdiction to entertain this case until and unless the said T.S. No. 73 of 1996 be disposed of by the Hon’ble Ld. 2nd Civil Judge ( Senior Division ), Howrah. As the case being pending before the court it is requested to be refrained not to effect the service connection and under such circumstances the instant case is liable to be dismissed and is not maintainable in the eye of law.
5. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
ii) Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. Since the complainant being a lawful occupier is suffered for want of electricity and the o.p. no. 1 is willing to install the electric meter but objection raised by o.p. nos. 2 to 10 cannot sustain at this critical juncture as per Electricity Act ( 36 of 2003 ), Ss 43, 176, 67 – Works of Licensee Rules ( 2006 ) which runs as under :
“Persons in settled possession of property be it trespasser, unauthorized encroacher squatter of any premises, can apply for supply electricity without consent of co-sharer – Is entitled to get electricity and enjoy same by due process of law.” [ Reference W.B. no. 423 of 2010, dated 11-02-2011 before the Hon’ble High Court registered AIR 2011 Cal P-64 ].
7. From the above we have our considered opinion that under Electricity Act,
2003, occupier has a statutory right, and licensee as distribution company has a statutory obligation to give electric connection to occupier – Pendency of suit with the other co-sharers with interim injunction against the petitioner, the electric connection cannot change nature and character of the property.
8. Inasmuch as the temporary injunction order was vacated and parties were directed
to maintain statusquo , the suit being a suit for partition, we are of the view that installation of new meter does not involve violation of the order of statusquo. The installation of new meter is an emergency service in view of the latest position of law.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his demand requires to be fulfilled.
Both the points are accordingly disposed of.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 417 of 2013 ( HDF 417 of 2013 ) be and the same is allowed on contest against o.p. no. 1 and dismissed against o.p. nos. 2 to 10 but without cost.
The O.P. No. 1 WBSEDCL Authority . be directed to provide new service connection at the schedule premises of the complainant within 30 days from the date of this order giving top most priority.
The O.P. Nos. 2 to 10 are hereby restrained from causing any disturbance at the time of effecting the service connection at the schedule premises of the complainant. .
If thereby any resistance by anyone including the o.p. nos. 2 to 10 against effecting the service connection at the complainant schedule premises, the O.P. No. 1 WBSEDCL Authority shall be at liberty to take necessary assistance or protection from Liluah P.S. The O/C Liluah P.S. shall be under obligation to provide necessary assistance or protection to the men and officer of the O.P. No. 1 WBSEDCL Authority for providing connection at the complainant schedule dag number in case of approach made by the O.P. No. 1 WBSEDCL Authority.
No costs both compensation and litigation are awarded.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
