DATE OF FILING : 29/04/2014 DATE OF S/R : 04/06/2014 DATE OF FINAL ORDER : 17/10/2014 SRI SWAPAN DAS S/O lt. Krishna Kanta Das, Vill Katlia Daspara P.o. Nibra P.S. Domjur, Howrah-------------------------------------------------------- COMPLAINANT. - Versus - 1) The Chairman, West Bengal State Electricity Distribution Company Ltd. Bidyut Bhavan, Salt lake, city, Kolkata 700 091 2) The Station Manager, Salap, Grou Electric Supply, West Bengal State Electricity Distribution Company Limited. Village & P.O. Salap (Bazar) P.S. Domjur Howrah 711 409 3) BASUDEV DAS S/O lt. Pshupati Das, Vill Katilia Daspara, P.O. Nibra P.S. Domjur Howrah 4) JALADHAR DAS S/O lt. Pshupati Das, Vill Katilia Daspara, P.O. Nibra P.S. Domjur Howrah 5) GOUTAM DAS S/O lt. Pshupati Das, Vill Katilia Daspara, P.O. Nibra P.S. Domjur Howrah 6) GANGA CHORI S/O lt. Becharam Chori , Vill Katilia Daspara, P.O. Nibra P.S. Domjur Howrah 7) JUDHISTIT CHORI S/O lt. Becharam Chori , Vill Katilia Daspara, P.O. Nibra P.S. Domjur Howrah 8) SUKUMAR CHORI S/O lt. Becharam Chori , Vill Katilia Daspara, P.O. Nibra P.S. Domjur Howrah 9) BANAMALI CHORI S/O lt. Becharam Chori , Vill Katilia Daspara, P.O. Nibra P.S. Domjur 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 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986, as amended against the O.P. WBSEDCL Authority, alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the O.P. WBSEDCL Authority for effecting new electric connection at his occupied premises Sabek Dag no. 124 corresponding to Hal Dag no. 125, Khatian no. 1022 & 233 under Mouza Katlia, P.S. Domjur, District – Howrah., together with compensation and litigation costs as the WBSEDCL Authority, . in spite of observing the necessary formalities by the complainant including deposition of service connection charges and security deposit money has been deferring the supply of electricity for want of free access at the complainant schedule premise. 2. The o.p. nos. 1 & 2 WBSEDCL Authority in their written version stated that The complainant already paid the service connection charges & security deposit money and complied with all other formalities and that they have no objection in effecting the new service connection if free and clear access is provided. 3. The o.p. nos. 3 to 5 vide their written version contending interalia opined that the complainant by virtue of an unauthorized plan when a site plan is already existing, claiming a public passage 5' wide and 150' long over these answering o.ps. holding dag no. 126, Hal no. 127 actually no existence so called passage. And the complainant claiming the passage obtained from one Mr. Satish Das by virtue of sale deed dated 11-12-1968 where there is no specific mentioned of any passage as stated and a Civil Suit vide T.S. No. 02 of 2014 is pending before the Hon’ble Civil Court Howrah. It is further opined by these o.ps. that a temporary injunction order passed by Hon’ble Civil Court vide his order against T.S. 180 of 2014 in favour of the complainant as ex parte for which the actual mention of passages is no appears as per record for which the application made by the complainant for effecting new service connection through this passage is not tenable to the appropriate court of law for which the complaint should be dismissed with exemplary costs. 4. The o.p. nos. 6 to 9 vide their written version opined that the property of the complainant is situated at Sebak Dag no. 124 corresponding Hal no. 125, khatian no. 1022 corresponding to khatina no. 233 under Mouza Katlia where the front portion of the Panchyat Road is the property of this answering o.p. and thereafter under the property of o.p. nos. 3 to 5 and 6 to 9 which is 5’ wide and 150’ in length where the overhead line will propose to pass on for effecting the service connection of the complainant. In view of above it is prayed that complainant has no jurisdiction to utilize the said passage for effecting his new electric connection and may graciously be pleased to dismiss the said application with costs. 5. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.P. nos. 1 & 2 WBSEDCL Authority ? ii) 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. The o.p. i.e., licensing authority has no objection in effecting the new service connection at the complainant’s premises if they get free and clear passage. The further argument made by the ld. lawyer of the WBSEDCL Authority/ o.p. That the complaint is not maintainable in view of the pendency of the civil suit is just bogus in view of the incorporation of Section 3 of C.P. Act, 1986. 7. The decision reported in ( 2010) 3 WBLR ( Cal ) 539 prescribes in no uncertain terms that order of injunction or status quo granted by civil court cannot stand in the way of installation of electric connection as the complainant has a statutory right to call upon the WBSEDCL Authority to give him electricity. Therefore, the outcry raised by the o.p. WBSEDCL Authority cannot have any leg to stand upon. Service of electricity is an emergency one. The bonafide claimant cannot be deprived of such right in view of the latest position of law. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his demand requires to be fulfilled. Both the points are accordingly disposed of. In the result, the complaint succeeds. Hence, O R D E R E D That the C. C. Case No. 258 of 2014 ( HDF 258 of 2014 ) be and the same is allowed on contest against O.P. WBSEDCL Authority and dismissed against the rest without costs. The O.P. WBSEDCL Authority, be directed for effecting new service connection at the complainant schedule premises through the common passage where quotational amount was deposited in the name of the complainant within 30 days from the date of this order. If thereby any resistance by anyone including the o.p. nos. 3 to 9 against effecting the new service connection at the schedule premises, the O.P. WBSEDCL Authority, shall be at liberty to take necessary assistance or protection from Domjur P.S. The O/C Domjur P.S. shall be under obligation to provide necessary assistance or protection to the men and officer of the O.P. WBSEDCL Authority, for providing connection at the meter room position to effect the connection in case of approach made by the O.P. 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. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. | 
