DATE OF FILING : 29-06-2010.
DATE OF FINAL ORDER : 26-10-2010.
Murari Mohan Das,
Son of Late Balai Lal Das,
Residing at 21, Ram Lochan Shire St.
Post Office Belurmath, P.S. Bally,
District Howrah COMPLAINANT.
Versus -
1. The District Engineer,
CESC Ltd., Howrah Regional Office,
433/1, G.T. Road ( N), P.S. Golabari,
District Howrah.
2. Shri Gopal Chandra Das,
3. Dulal Chandra Das,
4. Kartick Chandra Das,
o,ps. No. 2 to 4 are sons of
Late Balai Lal Das, residing at
20, Ram Lochan Shire Street, P.O. Belurmath,
Howrah PIN No. 711202,
o.p. no. 3 residing at 21, Ram Lochan Shire Street, Belurmath Bally,
P.S. Bally, District Howrah, PIN 711202,
o.p. no. 4 residing at village Baniara, P.O. Begri, P.S. Domjur,
District Howrah OPPOSITE PARTIES.
P R E S E N T
1. Honble President : Shri J. N. Ray.
2. Honble Member : Dr. Dilip Kr. Chakraborty.
C O U N S E L
Representative for the complainant : Shri Madhab Samanta,
Ld. Advocate.
Representative for the opposite party no. 1 : Smt. Kakali Maitra,
Shri Abhijit Bagchi,
Ld. Advocates.
Representative for the opposite party nos.
2 and 3 : Shri Subir Chandra Chatterjee,
Shri Prithwiraj Sarkar,
Shri Anshu Mukhrje,
Ld. Advocates.
F I N A L O R D E R
This is to consider an application U/S 12 of the C.P. Act, 1986 praying for installation of new electric connection on the ground of deficiency in service.
Fact of the case, in brief, is that the complainant is one of the co-owner of the property situated at holding no. 21, Ramlochan Shire Street, P.S. Bally, P.O. Belurmath, District – Howrah. The complainant has filed a partition suit being T.S. No. 91 of 1989 before the Ld. 1st Civil Judge ( S/D ) at Howrah and the suit for partition was decreed in preliminary form and right, title and interest of the complainant as co-owner declared by the Ld. 1st Civil Judge ( S/D ) at Howrah. The opposite party in T.S. No. 91 of 1989, Howrah, HH has preferred appeal before the Ld. District Judge and the same is pending for disposal. The complainant has stated that in his occupied portion there was / is no electricity. So he applied to the o.p. no. 1 CESC Ltd. for installation of the electric connection in his name. After enquiry o.p. no. 1 CESC Ltd. claimed Rs. 5,414/- for installation fees and other charges from him thereafter the complainant deposited the aforesaid amount on 17-04-2010. Unfortunately after receiving the aforesaid amount the o.p. no. 1 CESC Ltd. did not take any step to install / provide electricity in his name at holding no. 21, Ramlochan Shire Street, P.S. Bally, P.O. Belurmath, District – Howrah. As a result the complainant with his family members have been facing difficulties without electricity.
On 08-05-2010 the CESC Ltd., o.p. no. 1, sent a letter stating that the men of CESC Ltd. went to carry out the job but could not do so due to objection. The complainant states that the o.p. no. 1 are bound to install the electric connection but they did not do so raising flimsy ground. The o.ps. no. 2 to 4 have no right to make objection in getting electricity in his name at his occupied portion. After facing much difficulties without electricity complainant has filed a complaint before the Consumer Forum, Howrah, praying for a direction upon the o.p. no. 1, CESC Ltd. to install a separate electric connection. Hence the application.
O.p. no. 1, CESC Ltd., and o.p. no. 2 and 3 , co-owner, contested the case by filing two separate written versions.
O.p. no. 4 did not appear in this case and did not file any written version. So the case was heard ex parte aginnst o. p. no. 4.
The o.p. no. 1, CESC Ltd., contended in their written version that the dispute involved in the instant case is not a consumer dispute within the meaning of Consumer Protection Act and as such the Ld. Forum has no jurisdiction to try the case. That the instant case is civil in nature and it should be triable by a civil court of competent jurisdiction. The complainant filed an application for installation of the new electric connection in his name at holding no. 21, Ramlochan Shire Street, P.S. Bally, P.O. Belurmath, District Howrah. Thereafter an inspection was held and it was found that the access was not available and the matter has been duly informed to the complainant by two letters dated 13-04-2010 and 08-05-2010. The complainant admitted the receipt of the letters in his complaint. The o.p. CESC Ltd. is a creature of statute and it has its own rules and procedures which it cannot override at the instant of the complainant. The CESC Ltd. entertained the requisition of the complainant as per the mandate of statute and on bonafide good faith. The instant case is absolutely misconceived and speculative to harass a public utility concern in a court of law. Therefore, the instant case is liable to be dismissed with cost to the answering o.p. no. 1.
The o.ps. no. 2 and 3 filed a written version denying material allegations made against them. They have stated in their written version that the complainant has sought for electricity before the ld. Forum at holding no. 21, Ramlochan Shire Street, P.S. Bally, P.O. Belurmath, District – Howrah. The aforesaid holding is the subject matter of the suit for partition pending before the Ld. District Judge at Howrah being Title Appeal No. 193 of 2006. At present the Title Appeal No. 193 of 2006 is pending before the Ld. District Judge at Howrah. In addition to above the complainant has not filed a scrap of paper before the Ld. Forum showing that he is a lawful owner in respect of the said property where electric connection is sought for. The property is still undivided and the dispute between the parties is totally civil in nature. The Forum has no jurisdiction to try the instant case on the other hand it is better to refer the matter before the Ld. Court of District Judge at Howrah. Last but not the least the complainant has failed to specify the spot where electric connection is installed. The instant case filed by the complainant is dismissed in limine.
In view of the pleading of the parties following points arose for determination :
Is there any deficiency in service on the part of the o.p. no. 1 CESC LTD.
Is the complainant entitled to get an order in terms of Section 14 of the C.P. Act, 1986
DECISION WITH REASONS :
POINTS NO. 1 and 2 :
Both the points are taken up together for the sake of convenience of discussion and for brevity.
Admittedly the complainant applied for installation of separate electric meter in his name at holding no. 21, Ramlochan Shire Street, P.S. Bally, P.O. Belurmath, District Howrah. Admittedly men of CESC Ltd., o.p no. 1, held inspection and it was found that men of the CESC Ltd. could not do the job due to objection raised at the spot. The fact was duly informed to the complainant by o.p. no. 1 by a letter dated 19-03-2009 requesting him to arrange for free access to the meter board position. Thereafter o.p. no. 1 deputed their men further on 24-04-2009 but the position remained unchanged.
Therefore, in view of the aforesaid fact it has been made clear that the o.p. no. 1, CESC Ltd. held inspection for installation of the proposed electric connection as the portion of which the complainant possesses is not clear and there was objection created by the co-owner. The partition suit is still pending at the District Judge Court, Howrah, So till the finalization of the case the portion of the complainant cannot be ascertained. There is no deficiency on the part of o.p. no. 1, CESC Ltd.
In the result the application fails.
Hence,
O R D E R E D
That the consumer complaint is dismissed on contest against the o.ps. without cost.
Let certified copies of the order be supplied to the parties, free of costs, as per rule.
