DATE OF FILING                    :     21-08-2014.

DATE OF S/R                            :      12-11-2014.

DATE OF FINAL ORDER      :     17-12-2014.

Sri Bablu Sadukhan,

son of late Bisnupada Sadhukhan,

residing at North Sahanpur ( Panchanantala)

Dasnagar, at present known as

105, Panchanantala Road, near Netaji Subhas High School ( Boys ),

P.O. Dasnagar, P.S. Dasnagar,

Howrah – 711105.……………………………………… COMPLAINANT.

• Versus   -

1.  The  A.E. & Station Manager,

DasnagarCustomer Care Centre,

WBSEDCL, Dasnagar,

Howrah – 711105.

1. Sri Chandi Charan Hazra,
2. Sri Debdas Hazra,
3. Sri Astam Kumar Hazra,
4. Sri Naba Kumar Hazra,
5. Sri Nirmal Kumar Hazra,

all sons of late Jiban Krishna Hazra,

all are residing at North Sahanpur ( Hatipara ), AnadidasSarani,

P.O. Dasnagar, P.S. Dasnagar,

Howrah – 711105.

1. Smt. Sushama Koley,

wife of Sri SitalChandra Koley,

residing at village Binola, P.O. Thalia, P.S. Amta,

Howrah – 711401.

1. Smt. Gouri Polley,

wife of Sri Biswanath Polley,

residing at Ichapur Canel side,

Purbapara ( Kalitala ), P.O. Santragachi, P.S. Jagacha,

Howrah – 711104.

1. Smt. Jayanti Das,

wife of Sri Nikhil Das,

residing at 9, Dharani Dhar Mullick Lane,

P.O. Uttar Khurut, P.S. Bantra,

District – Howrah,

PIN – 711101.

1. Smt. Mala Bhandari,

wife of Sri Joydeb Bhandari,

residing at Andul Bhandari Para, P.O. Argori, P.S. Sankrail,

District – Howrah,

PIN – 711313. ……………………………………………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 wherein the complainant has  prayed for direction upon the o.p. no. 1 to effect new service connection of electricity in the tenanted room of the complainant as described in the schedule together with compensation of  Rs. 5,000/- and Rs. 1,000/- as litigation costs as the o.p. in spite of receiving the connection charge and security charge did not act upon to proceed.  

2. In the written version the o.p. WBSEDCL  contended interalia that due to strong resistance by the landlord the connection could not be effected.

3. The other o.p. nos. 2 to 10 did not file any written version. So the case was heard ex parte against them.

4. Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

1. Whether the complainant is entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. Both the points are  taken up together for consideration. The complainant is a tenant under o.p. nos. 2 to 10. For installing new connection he has deposited Rs. 925/- as required by the o.p. no. 1 on 22-02-2014. Ld. lawyer for the o.p. no. 1 during argument stated that o.p. no. 1 is ready to install new connection police help is provided as there is apprehension of disturbance.

6. In view of the present position of law the complainant is entitled to new electric connection. All the formalities have been fulfilled. We are, therefore, of the views that the prayer of the complainant shall be allowed. Both the points are accordingly disposed of.  

      Hence,

O     R     D      E      R      E        D               

      That the C. C. Case No. 461 of 2014 ( HDF 461 of 2014 )  be  and the same is allowed on contest as against the o.p. no. 1 but without costs and dismissed ex parte as against the o.p. nos. 2 to 10.

      The O.P.no. 1  be directed to install new electric connection to the residence of the complainant as mentioned in the schedule within  30 days from the date of this order.

      If thereby any resistance by anyone including the other inhabitants effecting the service connection of  the said premises O.Ps. WBSEDCL  Authority. shall be at liberty to take necessary assistance or protection from the Dasnagar P.S. The I/C Dasnagar P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the WBSEDCL  Authority for providing supply to the complainant in case of approach made by the WBSEDCL  Authority.

      The complainants are 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.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F., Howrah.