DATE OF FILING : 05-04-2012.
DATE OF S/R : 14-05-2012.
DATE OF FINAL ORDER : 31-08-2012.
Sri Shyamal Manna,
son of late Thanda Ram Manna,
residing at 52/1, Narasingha Dutta Road, P.S. Bantra,
District –Howrah,
PIN – 711 101.----------------------------------------------------------------- COMPLAINANT.
- Versus -
1. The Deputy General Manager,
CESC Ltd. Victoria House,
15/1, Chowranghee Square,
Kolkata – 700069.
2. The District Engineer,
The CESC Ltd., Howrah Regional Office,
433/1, G.T. Road ( North ), P.S. Golabari,
District – Howrah.
3. Sri Haraprasad Chakraborty.
4. Sri Kailash Chakraborty,
both o.p. nos. 3 & 4 are sons of late Bipataran Chakraborty.
5. Smt. Neelima Chakraborty,
w/o. Sri Arun Chakraborty and
d/o. late Bipataran Chakraborty,
all are residing at 52/1, N.S. Dutta Road, P.S. Bantra,
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 has prayed for direction upon the O.P. nos. 1 & 2 to supply electricity through separate meter to the complainant who is a tenant under o.p. nos. 3 to 5 with respect to the premises no. 52/1, Narasingha Dutta Road, P.S. Bantra, Howrah – 711 101, and for direction upon the o.p. nos. 3 to 5 not to disturb the CESC people at the time of inspection and installation work. Hence the case.
2. The O.P. nos. 1 & 2, CESC Authority stated in their written version that inspection work was carried on 30-11-2011 ; that the complainant complied with all formalities including payment of MASD bill on 14-12-2011 ; that the o.p. no. 3 raised objection against installation work ; that the complainant was asked to arrange for free access ; that there is no deficiency in service on the part of the CESC Authority.
3. The O.P. nos. 3 to 5 in their written version challenged the maintainability of the instant complaint and contended interalia that the complainant is a defaulter in payment of rents ; that he has been served with eviction notice in accordance with The West Bengal Premises Tenancy Act ; that he is not entitled to any separate meter.
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 is a tenant with respect to premises no. 52/1, Narasingha Dutta Road, P.S. Bantra, Howrah – 711 101. The only disqualification is raised by the o.p. nos. 3 to 5 is that he is a habitual defaulter with respect to the payment of rents. In fact, this disqualification cannot disentitle the complainant for having a separate meter for his separate electric connection. In fact, this Forum has no jurisdiction to settle the dispute as alleged. On the other hand the CESC Authority has candidly submitted that the complainant has discharged all his responsibilities including payment of MASD Bill. There are ready to supply the electric connection as prayed for. But for obvious obstruction on the part of the o.p. nos. 3 to 5 installation work has been suspended.
6. In view of the latest position of law the complainant irrespective of his status as a tenant whether defaulter or not is entitled to electric connection through separate meter. When all the formalities have been complied with, the o.p. nos. 3 to 5 cannot stand in the way of installation of the new meter.
In the circumstances we are of the view that this is a fit case for granting relief to the complainant. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 32 of 2012 ( HDF 32 of 2012 ) be allowed on contest but without cost against the O.P. nos. 1 & 2 and dismissed against O.P. nos. 3 to 5 without cost.
The O.P. nos. 1 & 2 CESC Authority be directed to supply electricity to the complainant in the premises of 52/1, Narasingha Dutta Road, P.S. Bantra, Howrah –
711 101, by way of installation of new meter to the complainant through a separate meter within one month from the date of this order.
If there be any resistance by anyone including the o.p. nos. 3, 4 & 5 against such supply of electricity in the said premises, CESC Ltd. shall be at liberty to take necessary assistance or protection from P.S. Bantra. The I/C, Bantra 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.
