DATE OF FILING : 05.01.2015.
DATE OF S/R : 09.03.2015.
DATE OF FINAL ORDER : 02.07.2015.
Sri Tarun Mondal,
son of late Sidheswar Mondal,
residing at village, P.O. & P.S. Shyampur,
District Howrah,
PIN 711314. ………………………………………………………….. COMPLAINANT.
1. The Chairman,
WBSEDCL, Bidyut Bhavan, Salt Lake City,
Kolkata 700091.
2. The Station Manager,
Ajodhya CCC, WBSEDCL,
Ajodhya, Belpukur,
District Howrah,
PIN 711312.
3. Sanjay Maity,
son of late Shatrughna Maity,
residing at village, P.O. & P.S. Shyampur,
District Howrah,
PIN 711314.…..……………………………………………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
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Tarun Mondal, against the Chairman, WBSEDCL and two others praying for a direction on the o.p. nos. 1 & 2 to supply electricity connection by installing electric meter in the premises of the complainant and direct the o.p. no. 3 not to obstruct the o.p. nos. 1 & 2, to pay compensation for a sum of Rs. 80,000/- for physical and mental harassment and Rs. 10,000/- as litigation costs.
- The case of the petitioner is that he is a consumer of the o.p. nos. 1 & 2 and prayed for fresh electric connection to his premises situated at dag no. 2740 under mouza Shyampur, P.S. Shyampur, Howrah, as mentioned in schedule ‘A’ through the common passage measuring 6 ft. in breadth and 145 ft. in length which is situated to the eastern side of his house running from south to north as mentioned in ‘B’ schedule and the same passage connecting the panchay at road and the petitioner has the easement right in the passage. Petitioner has no domestic electric line and he paid requisite charges while praying for domestic connection and o.p. no. 2 inspected his premises and issued quotation and as per direction of o.p. no. 2 he deposited Rs. 615/- on 02.11.2012. O.p. no. 2 promised to supply electric connection but miserably failed and o.p. no. 2 told the petitioner that there was objection on the part of o.p. no. 3 and he was unable to give connection. Thus, the petitioner filed the case.
- The o.p. no. 3 contested the case by filing a separate written version denied the allegations made against him and submitted that he is the adjacent neighbor of the petitioner and filed a civil suit in the court of Civil Judge, Sr. Division, Uluberia, being T .S. No. 17 of 1998 wherein he got the decree in respect of his plot no. 2740 under khatian no. 207, mouza Shyampur, and the petitioner trying to take electric line through his personal property by force. The petitioner has no authority to draw electric line over his land and the case against him be dismissed.
- The o.p. nos. 1 & 2 being the electricity authority contested the case by filing a separate written version denying the allegations made against them and submitted that they are ready and willing to give electric connection to the petitioner but there is obstruction from the o.p. no. 3 and the electric authority inspected the route through which the electric line would be drawn and the petitioner is not entitled to any compensation as prayed for.
5. Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.P. nos. 1 & 2, WBSEDCL ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
6. All the issues are taken up together for the sake of convenience and brevity for discussion. On scrutiny of the case record being the averments in the petition as well as in the written version filed by the parties and the oral and documentary evidences and also the title deed of the petitioner showing that he has the easement right to enter into his property. This Forum also perused the judgment of the civil court. But this Forum should not enter into the right of the parties over their properties as well as their easement right on the passage and electricity being the primary need of a man of the city life. The o.p. nos. 1 & 2 cannot deny giving such connection to the petitioner through the passage which is found most suitable to them for drawing such electric line. From the averment of the o.p. nos. 1 & 2 it is noticed that they had already inspected the area and found the way through which the line is to be drawn and they are always ready and willing to give electricity and so the petitioner be given fresh electric connection by the o.p. nos. 1 & 2 through the passage found suitable for the said purpose and in the case of any obstruction they are at liberty to take the help of legal authority. Thus keeping in mind the submission of the ld. counsel through their arguments it is decided by the Forum that the petitioner is entitled to electricity and the o.p. no. 1 is to draw such fresh electric connection to the premises of the petitioner and the o.p. no. 3 is directed not to obstruct the o.p. nos. 1 & 2 in drawing the said line.
In the result, the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 1 of 2015 ( HDF 1 of 2015 ) be and the same is allowed on contest without costs against the O.Ps.
The petitioner is entitled to get the electric connection as prayed for and the o.p. nos. 1 & 2 are directed to supply such fresh electric connection in the premises of the petitioner through the passage found suitable by them for drawing the line and also installing a new meter within 30 days from the date of this order and the o.p. no. 3 is directed not to disturb the work of o.p. nos. 1 & 2 in drawing such electric line and the o.ps. are failing to comply the order of the Forum within the stipulated period of 30 days, the petitioner would be at liberty to put the final order in execution.
Considering the circumstances of the case, the prayer regarding compensation and litigation costs is not allowed by this Forum.
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.
