DATE OF FILING                    :     06.03.2014.

DATE OF S/R                            :      20.02.2015.

DATE OF FINAL ORDER      :     30.06.2015.

Sri Pradip Dalapati,

son of Dharmadas Dalapati,

residing at Jagacha Joy  Chanditala,

P.O. G.I.P. Colony, P.S. Jagacha,

District Howrah. …………………………………………………… COMPLAINANT.

• Versus-

  1.         The Assistant Engineer,

  WBSEDCL, Jagacha  Sub Division, P.S. Jagacha,

  Howrah – 711112.

   

  2.         Jagadish Singh,

  son of late Shyamlal Singh,

  Jagacha Joy  Chanditala, P.O.  G.I.P. Colony, P.S. Jagacha,

  District Howrah,

  PIN 711 112. ………………………………………………OPPOSITE PARTIES.

   

                                                  P    R    E     S    E    N     T

   

               Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

                                 Hon’ble Member      :      Smt. Jhumki Saha.

              Hon’ble Member : Shri A.K. Pathak,  L.l.b., ( Retired Railway Officer ).   

                                                              F  I   N   A    L       O   R   D    E     R

  1. This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Pradip Dalapati, praying for an order directing the o.p. no.1, WBSEDCL, to shift the electric meter from its existing position to the occupied portion of the petitioner and to pay compensation of Rs. 50,000/- and another Rs. 50,000/- for cost of proceeding.

•  

  2. The case of the petitioner is that the petitioner is a bonafide monthly tenant in respect of two rooms with pucca wall with R.T. shed roof with covered verandaha, separate kitchen, bath and privy with separate electric meter, with one shop room situated at Jagacha Joy Chanditola, P.O. G.I.P. Colony,Howrah, at a monthly rental of Rs. 100/- p.m. payable according to English calendar month there under the owner of the premises namely o.p. no. 2, Jagadish Singh, since 1967 and his father namely,Dharmadas Dalapatitook the tenancy and he died 1982 and mother of the petitioner, Mina Dalapati, used to get the rent receipt on payment of rent and she died in the year 2002 and since then the petitioner paid rent. In the month of July, 2013 the o.p. refused to accept rent and the petitioner sent the same by post. The petitioner as his voter identity card, electric bill, rent receipts to prove his possession. The o.ps. were threatening to evict him illegally and the petitioner resisted. The petitioner has electric meter standing in the name of her mother Mina Dalapati. The o.p. no. 2 resides in their own village and the o.p. no. 1 could not take the meter reading properly as the same kept under lock and key.The petitioner approached o.p. no. 2 to shift the meter to his occupied portion but the o.p. no. 2 refused against such shifting compelling the petitioner to file the case.

•  

  3. The o.ps. did not contest the case and so the case is heard ex parte against the o.ps.    

  DECISION  WITH   REASONS      :

  4. Both the o.ps. appeared in the case but only o.p. no. 1 filed written version stating norms of shifting. Later the o.ps. did not contest the case and so the case was heard ex parte.
  5. The case of the petitioner is proved by the ex parte affidavit filed by the petitioner and the documents filed by him showing that he is a tenant in the premises of the o.p. no. 2 and he prayed for shifting the meter to his occupied portion so that it could be properly and regularly visited by the employees of the WBSEDCL and the bills could be prepared properly.  The documents filed by the petitioner proved the fact that he is a tenant in the premises of o.p. no. 2 and the letter written by o.p. no. 1 to the petitioner that they do not access to the electric meter of the petitioner due to the meter box under lock and key  and they will threaten that the electric connection of the petitioner would be disconnected for such reason and the same compelling the petitioner to file this case.

            All the above evidence went unchallenged and there is nothing to disbelieve the case of the petitioner. In the result the case  succeeds ex parte. The petitioner is entitled to the relief as prayed for. Court fee paid is correct.      

      Hence,                             

O     R     D      E      R      E        D

            That the C. C. Case No. 117  of 2014 ( HDF 117  of 2014 )  be and the same   allowed ex parte without costs against the o.ps.  

      The O.P.  no. 1 is directed to shift the electric meter of the petitioner from its existing place to the occupied tenanted premises of the petitioner and the o.p. no. 2 should cooperate with the o.p. no. 1 at the time of shifting the electric meter to the tenanted premises of the petitioner.      

      The o.p. no. 1 is directed to make such shifting within 30 days from the date of this order failing the petitioner would be at liberty to put the final order in execution.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.