Ld Advocates for the parties are present. Judgement is ready and pronounced in open Commission in 6 pages 3 separate sheet of papers.
BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case are that the complainant has filed this complaint against the opposite party-1 for deficiency in service in providing new domestic electric connection to the complainant. The complainant is permanently residing at the schedule premises. Complainant has acquired the schedule premises by purchase and gift. Complainant owns and possesses the same by paying rent and taxes for the same. The complainant applied before the opposite party-1 for one new domestic electric connection in schedule premises on 02.02.2022 and on receiving the application Opposite party after being satisfied with the way leave agreed to provide new service connection in the schedule premises and issued quotation for depositing service connection Chance and Security deposit. Thereafter, complainant on 02.02.2022 deposited service connection Charge Rs,. 2000/- and Security deposit Rs. 2177 in favour of opposite party. Subsequently opposite party vide letter dated 16.02.2022 informed that way leave permission required for the effecting the service connection and they are unable to provide the service connection. Complainant submits that in the locality there are one existing service pole over the plot no. 2823 of mouza Basudevpur from where the electric service line has connected with the another pole standing on plot no. 2825 of the same mouza owned and possessed by one Mohini Mohan Das. The schedule premises is situated just adjacent to the plot no. 2825 and there is no impediment or any objection of Mohini Mohan Das to draw new service connection from the pole standing over the plot no. 2825.In the aforesaid situation on 11.07.2022 complainant sent letter to the opposite party under registered post which is served upon opposite party. But opposite party did not make any positive attempt to provide the service connection to the complainant. Complainant submits that there is no way leave problem in providing the service connection. Opposite party has deliberately made deficiency in service in not providing new electric service connection in the schedule premises. Complainant is entitled to get immediate new electric connection in the schedule premises as essential service for livelihood. Otherwise, complainant suffers irreparable losses.
In the aforesaid circumstances complainant pray for –
- Directing the opposite party to give immediate electric connection in the schedule premises.
- Passing an order of police help to provide the service connection in favour of complainant.
- An Order of compensation of Rs. 20,000/- for mental agony and litigation cost.
- Other necessary order or orders which complainant is entitled to get under law and equity.
The OPs have contested the case by filing written versions.
It is worthy to be mentioned that ops 2 to 4 got added them as ops in this case as objectors and contested the case by filing separate written version.
The Opp. Party No. 1, in its written version has stated inter alia that the statements of the petition which are not specifically denied shall not deemed to be admission of this opposite party. The prayers of the petitioner as stated are false, frivolous, baseless, illegal and as such the petitioner is not entitled to have the relief as prayed for. The opposite party states that complainant had applied for new domestic connection on 31.01..2022 for his newly constructed house at Basudevpur, Plot No. 2830, ward No. 4, Mouza- Basudevpur complying with the formalities of WBSEDCL norms. After serving of the quotation, complainant Sri Sanjib Kumar Manna deposited the SCC Rs. 2000.00 and Security Deposit Rs. 2177.00 vide Receipt No. 132704876745 and 129804882647 respectively.
On 07.02.2022 enlisted agency of opposite party had visited the said location towards effecting the new service connection complainant. But they were unable to do the same due to strong resistance from Sri Apu Das s/o Lt. Amal Kumar Das and others in presence of the complainant. To effect the said connection two numbers of PCC pole have to be erected and line have to be drawn as per LTOH system. Existing PCC pole from which the line has to be tapped was installed on Plot No. 2823. New pole has to be erected on Plot No. 2825. Over heard line would be drawn from existing T-off point to proposed PCC pole. Proposed line would go over the land being Plot numbers of 2822, 2823, 2830 and 2833. Plot numbers 2822, 2823, 2830 and 2833 are co-shared Plots including the petitioner, Sri Apu Das s/o Lt. Amal Kumar Das and others. Said plots are not yet portioned by metes and bounds among said co-sharers an objection letter was received by opposite party from Sri Apu Das s/o Lt. Amal Kumar Das and others on 07.02.2022. As per the statement of the objection the electric line would only be completed after proper demarcation of the co-shared plots.The opposite party communicated with complainant Sri Sanjib Manna through letter vide Memo no. 2003813534/SER CONN PEND dated 16.02.2022 to submit proper way leave permission and to resolve issues for which the connection could not be executed. The complainant submitted a prayer dt. 14.07.2022 along with a way leave permission of Sri Mohini Mohan Das s/o Late Bhikon Das owner of Plot No. 2825 through registered post. Staff of opposite party along with agency staff attempted to execute the same connection on 15.07.2022. But due to strong resistance from Sri Apu Das s/o Lt. Amal Kumar das and other in presence of the complainant they were unable to execute the work. One inspection was made on 10.10.2022 and from inspection it was found that the complainant was enjoying electricity by extending unauthorized electric line from the metering premises of SUNIL KR. MANNA having consumer Id. 2240099900 to his newly constructed building at Basudevpur, Plot No. 2830. One letter was initiated to the complainant, Sri Sanjib Kumar Manna vide Memo No. DGKCC/T-07/792 dated 12.10.2022 regarding immediate removal of unauthorized extension of electric line as it may cause unwanted incident.
Further another objection letter dt. 11.10.2022 was received from Sri Apu Das s/o Lt. Amal Kumar Das and others through registered post stated with the same request as submitted on 07.02.2022. In the said letter it is stated that one civil suit already is running against Sri Sri Sanjib Kumar Manna regarding proper demarcation of the co-shared plots at Haldia Civil Judge Court (Jr. Division) vide case No. 85/2021. The opposite party is not at all responsible for the delay of new connection of the complainant. The delay of new connection of the complainant happened due to objection of local villagers. So, the complaint is not entitled to get compensation against this opposite party. The opposite party states that opposite party is neither on deficiency of service nor liable for unfair trade practice in the present case. So, complainant is not entitled to get any relief against this opposite party as prayed for. In view of the above facts and circumstances the petitioner’s case is liable to be dismissed with costs.
In their written versions the ops-2 to 4 have alleged that the Complainant has illegally constructed his alleged building on plot No. 2830 which is the ejmal property of Complainant and Opposite Parties. The Complainant illegally constructed the said building without taking any permission from Haldia Municipality. The Complainant on suppression of the real facts disclosed that his dwelling house is standing on adjacent plot No. 2825 through the complainant has no right title interest and possession over the plot No. 2825. The Complainant filed written objection before administration Haldia Municipality several times orally and there after lastly on 19.09.2022. The Complainant are joint owner of Plot No. 2821, 2822, 2823, 2824, 2830 and 2833 of mouza Basudebpur. Haldia Municipality sent notice to stop the illegal construction. The meeting was held on 19.09.2021 by the villagers wherein it was settled that after proper survey complainant may constructed his so-called house. The Complainant has neglected to do survey measurement of the disputed land. The meeting was held on 28.02.2022 by the ward committee wherein it was settled that after proper measurement the Complainant will construct the so-called building. A Civil Suit being No. T.S. 85/2021 is pending before Civil Judge (Jr. Divin.) Haldia in respect of plot No. 2830. A Civil Suit being No. T.S. 13/19 is pending before Civil Judge (Jr. Divn.) Haldia in respect of plot No. 2824, in which a injunction order has been passed. The Complainant filed objection before the Station Manager W.B.S.E.D.C.L. on 07.02.2022 against the proposed illegal construction and praying for permission of electric connection.
Upon reading of the complaint and written versions the following points for determination are framed.
Points for determination are:
- Is the case maintainable in its present form and in law?
- 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.
The complainant has complained of negligence and deficiency of service in providing electric connection in the house of complainant. The bundle of facts show that the instant case is maintainable in its present form and in law.
Indisputably, the complainant applied for electric connection in his dwelling house before complainant had applied for new domestic connection on 31.01..2022 for his newly constructed house at Basudevpur, Plot No. 2830, ward No. 4, Mouza- Basudevpur complying with the formalities of WBSEDCL norms. After serving of the quotation, complainant Sri Sanjib Kumar Manna deposited the SCC Rs. 2000.00 and Security Deposit Rs. 2177.00 vide Receipt No. 132704876745 and 129804882647 respectively.On 07.02.2022 enlisted agency of opposite party had visited the said location towards effecting the new service connection complainant. But they were unable to do the same due to strong resistance from Sri Apu Das s/o Lt. Amal Kumar Das and others in presence of the complainant. To effect the said connection two numbers of PCC pole have to be erected and line have to be drawn as per LTOH system. Existing PCC pole from which the line has to be tapped was installed on Plot No. 2823. New pole has to be erected on Plot No. 2825. Over heard line would be drawn from existing T-off point to proposed PCC pole. Proposed line would go over the land being Plot numbers of 2822, 2823, 2830 and 2833
If the averments of ops-2 to 4 are even taken to be true the Complainant, ops 2 to 4 are joint owners of Plot No. 2821, 2822, 2823, 2824, 2830 and 2833 of mouza Basudebpur. Under Haldia Municipality.
It appears that Mohini Mohan Das, owner of Dag no2825 has got no objection if the electric connection is given to the complainant. The complainant has got sanctioned plan from the Haldia Municipality for construction of his dwelling house on plot no-2830, the sanctioned plan marked in red ink shows right to access in plots-2822, 2823 and 2820.. On reading the materials on record it appears that a Civil Suit being No. T.S. 85/2021 is pending before Civil Judge (Jr. Divin.) Haldia in respect of plot No. 2830. There is no prohibitory order from the Ld Court in respect of plot No. 2830 Civil Suit being No. T.S. 85/2021 pending before Civil Judge (Jr. Divin.) Haldia. According to ops 2 to 4 a Civil Suit being No. T.S. 13/19 is pending before Civil Judge (Jr. Divn.) Haldia in respect of plot No. 2824, in which a injunction order has been passed. But according to op-1 proposed line would go over the land being Plot numbers of 2822, 2823, 2830 and 2833. There is no mention of plot no-2824 in said statement of op-1. As such injunction order does not effect these Plot numbers of 2822, 2823, 2830 and 2833, in other words there is no injunction order over the plots.
In such context the ratio laid down in the full Bench judgement of three judges of the Hon’ble Calcutta High Court, that, is Abhimanyu Mazumdarvs 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 he has got title deeds . The objectors/ops- 2 to 4, have 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. 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-1. There can not be any relief or direction upon ops-2 to 4 in this case.
Both the points are disposed of accordingly.
Thus, the case succeeds.
Hence, it is
O R D E R E D
That CC/113 of 2022 be and the same is allowed on contest against the op-1 and dismissed on contest against the ops-2 ,3 & 4.
The op-1 is hereby directed to install / effect electric connection in the dwelling house of the complainant situated in plot-no-2830 of Mouza Basudevpur, JL-NO-126 & PS-Durgachak within 45 days from the date of this order.
In default, the op-1 will have to pay Rs. 100/- per day from the date after expiry of said 45 days 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.
