DATE OF FILING : 23-03-2012.
DATE OF S/R : 17-05-2012.
DATE OF FINAL ORDER : 31-08-2012.
Sri Debashish Nandi,
son of Sri Samar Kr. Nandi,
residing at 120/1, Sashi Bhusan Mukherjee Lane, P.O. Salkia,
P.S. Malipanghora,
District –Howrah,
PIN – 711 106.----------------------------------------------------------------- COMPLAINANT.
- Versus -
1. The CESC Ltd.
having its office at CESC House,
Chowranghee Square,
Kolkata – 700001.
2. The District Engineer,
The CESC Ltd., Howrah Regional Office,
433/1, G.T. Road ( North ), P.S. Golabari,
District – Howrah.
3. Sri Sunil Sharma,
prop. Of M/s. Aman Builders,
of 242/1/11, G .T. Road ( N ), P.S. M.P. Ghora, Salkia,
Howrah – 6.
4. Sri Monoj Gaderiya,
5. Raj Kr. Lakothia,
6. Anand Verma,
of 242/1/11, G.T. Road ( N ), P.S. M.P. Ghora,
District – Howrah.------------------------------------------------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
- The instant case was filed by complainant U/S 12 of the C.P. Act, 1986,
as amended against the O.Ps. alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant, Debashish Nandi has prayed for direction upon the O.P. nos. 1 & 2, CESC Ltd. for installation of a new meter at to the premises no. 242/1/11, G.T. Road, P.S. Malipanchghora, Howrah – 711 106, at the meter board and to restrain any interference by the o.p. nos. 3 to 6 as all the necessary formalities have already been complied.
2. The O.P. nos. 1 & 2, CESC Authority stated in their written version that they are not in collusion or in conspiracy with the other o.ps. in not providing new meter ; that after processing of the job the CESC Authority visited the spot to carry out the proposed installation but could not be carried out as objection was raised by o.p. no. 6 ; that meter box put under lock and key ; that the entry was denied.
3. Notices were property served against o.p. nos. 3 to 6. The postal endorsement reported that the o.p. nos. 3, 4 & 6 left the premises and o.p. no. 5 was not found. So the case against o.p. nos. 3, 4 & 6 was heard ex parte.
4. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
ii) 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. Admittedly the complainant applied for a fresh connection through new meter. The o.p. CESC Ltd. processed the job and tried to give connection. But the same could not be carried out for the objection on the part of the o.p. no. 6. The meter box was put under lock and key and so the entry was denied.
6. Therefore, it is apparent that the CESC Ltd. has no fault in providing electricity to the complainant through new meter. When all the formalities have already been complied with there cannot be any bar in supplying the same.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 23 of 2012 ( HDF 23 of 2012 ) be allowed on contest but without cost against the O.P. nos. 1 & 2 and dismissed without cost against O.P. nos. 3 to 6 .
The O.P. nos. 1 & 2 CESC Authority be directed to supply electricity to the complainant in the premises of 242/1/11, G.T. Road ( N ), P.S. Malipanchghora, District – Howrah, PIN – 6, by installation of new meter in the meter board already affixed within one month from the date of this order.
If there be any resistance by anyone including the o.p. nos. 3 to 6 against such supply of electricity in the said premises, CESC Ltd. shall be at liberty to take necessary assistance or protection from P.S. Malipanchghora. The I/C, Malipanchghora P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the CESC Ltd. for providing such supply to the complainant in case of approach made by the CESC Authority.
No order as to costs.
Supply the copies of the order to the parties, as per rule.
