DATE OF FILING : 04-10-2012.
DATE OF S/R : 01-11-2012.
DATE OF FINAL ORDER : 08-02-2013.
Himadri Shakhar Panda,
s/o. late Narendranath Panda,
of Basstala, Chamrail, P.S. Liluah,
District –Howrah,
PIN – 711114.---------------------------------------------------- COMPLAINANT.
Versus -
1. The Chairman,
WBSEDCL, Bidyut Bhaban, P.S. Bidhannagar, Salt Lake City,
Kolkata – 700 091.
2. Assistant Engineer,
WBSEDCL, Jagadishpur Hat, Jagadishpur CCC,
P.S. Liluah, District – Howrah,
PIN – 711114.
3. The Station Manager,
WBSEDCL, Jagadishpur Hat, Jagadishpur C.C.C.
P.S. Liluah, District – Howrah,
PIN – 711114.
4. The Revenue Officer,
WBSEDCL, Jagadishpur Hat, Jagadishpur C.C.C.
P.S. Liluah, District – Howrah,
PIN – 711114.
5. Tapan Roy,
6. Swapan Roy,
7. Goutam Roy,
5 to 7 all are s/o. late Bistupada Roy,
8. Bimala Bala Roy,
w/o, late Bistupada Roy,
9. Jhantu Roy,
son of Tapan Roy,
10. Sandhya Roy,
o.p. nos. 5 to 10 all are residing
at village – Chamrail, Basstala, P.S. Liluah,
District – Howrah,
PIN – 711114.------------------------------------------------------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.P. nos. 1 to 4 alleging deficiency in service U/S 2( 1 )( g ) & 2( 1 )( o ) of the C.P. Act, 1986 complainant prays for direction upon the O.P. nos. 1 to 4 to provide electric service connection against Dag no. 1593, khatian no. 750, J.L. No. 5, Mouza –Chamrail, Basstala, P.S. Liluah, District – Howrah, together with compensation and litigation costs in spite of observing the necessary formalities has been deferring the supply of electricity for want of free / easy access to the complainant premises.
The brief facts of the case that the complainant applied for effecting
service connection to his schedule premises before the o.p. nos. 1 to 4 i. e. WBSEDCL Authority having deposited earnest money of Rs. 200/- against application dated 09-06-2011 under Form no. 1000169103 and attempts have been made for carrying out inspection but could not be accelerated due to objection raised by the o.p. nos. 5 to 10. Hence the case.
The o.p. nos. 1 to 4 in their written version contended interalia that at the
time of inspection the o.p. nos. 5 to 10 raised objection against the proposed service connection and they are supplying the electricity as per serial and that to the situation at the site is very sensitive. Moreover, they are willing to effect the new service connection if free access is available at the complainant premises with police help.
The o.p. nos. 5 to 10 submitted their written version opined that the
service line proposed to passes through the common passage is a disputed land and under the control of o.p. no. 8 and that to the WBSEDCL Authority have no right to effect the service connection to the complainant premises belonging to dag no. 1593 which is adjacent to dag no. 1580 and the same is under clear possession of o.p. no. 8 as per record ( alleged ) against which the prayer of the complainant can be dismissed with cost.
5. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. Both the points are taken up together for consideration. Since the complainant applied for providing new electric connection at his premises and the licensee ( herein WBSEDCL Authority ) made an attempt for site inspection but due to objection raised by the opposite party ( herein o.p. nos. 5 to 10 ) the same could not be achieved.
As the complainant deposited the earnest money of Rs. 200/- to the
licensee and observed necessary technical formalities before the o.p. no. 3 i.e., WBSEDCL Authority and the o.p. no. 3 is willing to effect the new service connection, the objection raised by o.p. nos. 5 to 10 cannot stand for effecting the proposed service connection in accordance of provisions of Section 43 of the Electricity Act, 2003, as an occupier of the property on a part thereof, the petitioner has a statutory right to call upon the distribution company to give him/her electricity, and once the requisite application was filed, the distribution company incurred a statutory obligation, to give him electricity simple because the petitioner is a party to the suits pending before the Civil Court, the private parties are not entitled to say he/she cannot get electricity ( reference case study (2010)(3) WBLR(Cal) 539 before the Hon'ble High Court. On the plea that the proposed common passage / property is a disputed matter pending before the Civil Court in spite of the facts that the Pradhan, Chamrail Gram Panchyat vide his declaration/ letter dated 15-03-2012 confirmed that the said common passage is genuine one and as per site plan against registered deed executed by the complainant himself.
Therefore, we have our considered opinion that the complainant has a genuine
demand and in view of the present position of law his demand requires to be fulfilled.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 129 of 2012 ( HDF 129 of 2012 ) be and the same is allowed on contest against the O.P. no. 3 without cost and dismissed against the rest without cost.
The O.P. no. 3 WBSEDCL Authority be directed to effect the new electric service connection over the schedule passage by drawing L.T.O.H. line / other means through the existing common passage of the complainant as per site plan of the registered deed of the occupier portion after observing all other technical formalities including site inspection together with realization of service connection charges and security deposit amount as applicable within 45 days from the date of this order giving top most priority.
The o.p. nos. 5 to 10 are hereby restrained from causing any disturbance at the time of effecting the service connection. If there by any resistance by anyone including other occupier at the adjacent plot of the complainant against such supply of electricity the o.p. no. 3 WBSEDCL Authority shall be at liberty to take necessary assistance or protection from I/C, Liluah Police Station.
The I/C, Liluah P.S. shall be under obligatin to provide necessary assistance or protection to the men and officers of the WBSEDCL Authority for providing such supply to the complainant premises in case of approach made by WBSEDCL Authority.
No costs both compensation and litigation are awarded.
The complainant is 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.
