DATE OF FILING : 22.04.2015.
DATE OF S/R : 27.04.2015.
DATE OF FINAL ORDER : 04.03.2016.
Md. Rasid,
son of late Md. Samsuddin,
305, Belilious Road,
P.S. & District Howrah,
PIN 1……………….... ……………………………………………… COMPLAINANT.
The District Engineer,
Howrah Regional Office, CESC Ltd.,
433/1, G.T. Road ( North ),
Howrah – 711101. …………… ……………………………………OPPOSITE PARTY.
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.
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 complainant, Md. Rasid, against the o.p., District Engineer, CESC Ltd., praying for a direction upon the o.p. to install electricity in the premises of the petitioner and to pay compensation of Rs. 10,000/- and Rs. 20,000/- as damages and Rs. 10,000/- for mental agony and harassment and costs of proceeding.
- The case of the petitioner is that he and his mother Asma Bibi applied for new electric connection at their premises no. 305, Belilious Road, P.S. & District Howrah, after payment of necessary requisite costs. The o.p. issued inspection letter for carrying out such inspection. The petitioner went to the office of the o.p. as getting electricity is very urgent to them but the o.p. never took proper step for installing such connection and on 25.4.2015 the o.p. issued a letter asking the petitioner to submit his identity proof as well as the residential proof by local councilor. Electricity being an essential service, everyone has the right to get the same on payment of required fees but the o.p. service provider must give such connection without causing mental agony to the petitioner. The o.p. is guilty of deficiency in service as they did not provide connection and the petitioner and then be filed this case.
- The o.p., District Engineer, CESC Ltd., contested the case by filing a written version denying the allegations made against them and submitted that they visited the premises of the petitioner where in the existing meter board there is no space for accommodating the new meter and the said inspection was held on 24.5.2015 and thus considering the safety and security of the premises as well as safety and security of the inhabitants they could not provide connection at 305, Belilious Road, Howrah, unless new service meter board is provided. Thus this case be dismissed.
- 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., CESC Ltd. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In the instant case, the petitioner filed B.N.A. as well as documents showing payment of earnest money of Rs. 200/- along with other documents. After receiving earnest money o.p., CESC Ltd. carried out an inspection dated 24.04.2015 at the site and it was observed that the suitable space for installing of meter was not available and it was informed to the complainant. The petitioner applied for electricity before the o.p., CESC Ltd. and he deposited earnest money so he is a consumer U/S 12 of the C.P. Act, 1986. It is the duty of the o.p., CESC Ltd. to effect electric connection at the premises of the complainant. The plea of insufficient space for installing meter cannot debar the complainant from enjoyment of electricity. So there is deficiency in service on the part of the o.p., CESC Ltd. Electricity is an emergency service. Light is off life is off. In the instant case the petitioner would not be entitled any compensation because they could not find out any suitable place for installation of a meter which was the main reason for not installing the meter in the premises. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position, his demand requires to be fulfilled. This the duty of the service provider as to which place of the premises of petitioner would be more acceptable to them for installing the meter.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 280 of 2015 ( HDF 280 of 2015 ) be and the same is allowed in part on contest against o.p.
The petitioner is entitled to get the relief and the o.p., CESC Ltd., is directed to install separate electric meter in the suitable place of the premises of petitioner within 30 days from the date of this order.
No order is passed as to pay cost and compensation.
The petitioner would be at liberty to put the order in execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
