IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

                                                                  CASE No.  EA/07/2014

                                                                                     CC/31/2012

 Date of Filing: 06.03.2014                                                                  Date of Final Order: 12.06.2015

Moshiur Rahaman

S/o Abdul Jabbar

Vill+ P.O.- Domkal, P.S.-Domkal

Dist. Murshidabad                  ………………………………..Complainant/Dhr.

                                                           -Vs-

The Station Manager,

Domkal Group Electric Supply,WBSEDCL

P.O. & P.S.-Domkal,

Dist. Murshidabad.                 ……………….Opposite Party/Judgment Debtor.  

         Mr.Akthar Masud, Ld. Advocate……………………………………………………………for the Decree Holder.

           Mr.Siddhartha Sankar Dhar, Ld. Advocate……………………………………….for the Judgment Debtor.

                           Present:     Hon’ble President, Anupam Bhattacharyya.           

                                               Hon’ble Member, Samaresh Kumar Mitra.           

FINAL ORDER

Samaresh Kumar Mitra, Presiding Member.

         The instant complaint u/S 25 & 27 of C.P.Act, 1986 has been filed by one  Moshiur Rahaman, Decree Holder herein against The Station Manager, Domkal Group Electric Supply, WBSEDCL,P.O. & P.S.-Domkal (Judgment Debtor herein) for execution of an order dated 13.03.2013 passed by this Forum directing the  Opposite Party, The Station Manager, Domkal Group Electric Supply, WBSEDCL

P.O. & P.S.-Domkal to reconnect the snapped service cable to the premises of the complainant within three weeks from the date of this order with the police help, if necessary.

        The Dhr further averred that he visited the Jdr several times after passing the order dated 13.03.2013 but the OP/Jdr did not comply the order of this Forum so he filed the instant execution case for complying the order dated13.03.2013 and prayed for direction upon the OP for paying compensation to the tune of Rs.50,000/- for harassment and mental agony.

      Jdr appeared by its agent/advocate and filed written objection on 31.07.2014 and averred that in accordance with the order of this Forum this OP took initiative to effect the electric connection at the petitioners premises but one Avik Das raised objection and assailed that an ejectment suit was pending before the civil court inspite of that the answering OP/ Jdr wrote a letter to the I.C. Domkal P.S. to provide police help. Thereafter Avik Das filed an order of the learned S.D.E.M,Domkal, which direct the OP to restrain them from erecting poll over the disputed property. Due to non-availability of police force during the Lok Sabha Election and due to the order of S.D.E.M court this OP could not provide connection to the Dhr. Thereafter said Avik Das brought an order of Civil Judge (Jr. Divn.) 1^st Court which shows that Jdr is restrained from doing any act or construction over the disputed property till further order of the court. So the Op / Jdr has no latches to erect the poll over the disputed property.

          It appears from the case record that on 23.04.2015 the Jdr filed the certified copy of the order of Civil Judge Jr. Divn. 1st Court, Berhampore dated 31.01.2015 the order of the Ld. Court is that the authority state has the power to erect or establish electric polls for the beneficial to the public at large for supplying electricity of any ones immovable property but the plaintiff has only option to claim compensation before appropriate authority and the suit be and the same is dismissed ex-parte against the defendant.

        In pertaining to the order of Ld. Civil Judge Junior Divn, 1^st. court, Berhampore we are in a considered opinion to dispose the above noted Execution Appeal with a direction to the Jdr to provide electric connection in the premises of the Dhr within the time framed with the help of Police if required.

ORDER

               Hence it is ordered that after perusing the order of the Ld. Civil Judge (Jr.Divn.) 1^st Court, Berhampore it appears that the Jdr has no impediment to supply the power in the premises/place of the Dhr in compliance to the order of this Forum and he may seek police force from I.C. Domkal Police station, if required. So the Jdr is directed to comply the order of this Forum within a period of 45 days from the date of passing of this order and inform this Forum immediately after providing power in the premises of the Dhr.

             At the event of failure to comply with the order the Opposite Party shall pay fine @Rs.100/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

          Let, plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/ be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.

          Dictated and Corrected by me.

      Member,                                                                            President,

   District Consumer Disputes                                                    District Consumer Disputes                                            Redressal Forum, Murshidabad.                                             Redressal Forum, Murshidabad.