DATE OF FILING                    :     24.12.2014.

DATE OF S/R                            :      07.07.2015.

DATE OF FINAL ORDER      :     22.01.2016.

Sri Jagadish Chandra,

son of late  Ram Lal Chandra,

residing at 2, Jelia Para 1^st Bye Lane, P.S. Golabari,

District Howrah,

PIN 711106,

being represented by his constituted attorney

Sri Ram Kishore  Sharma,

son of late Moni Lal  Sharma, r

residing at 2, Jelia Para 1^st Bye Lane, P.S. Golabari,

District Howrah,

PIN 711106.  ………………………………………………………… COMPLAINANT.

• Versus   -

1.         The District Engineer,

CESC Ltd., Howrah  Regional Office,

433/1, G.T. Road, P.S. and

District Howrah,

PIN  711101.

2.         Smt. Chinmoyee Banerjee

wife of late Pramothonath Banerjee,

3.         Sri Shyamal Banerjee,

4.         Sri Milan Banerjee,

both sons of late Pramothonath Banerjee,

5.         Smt. Soma Banerjee,

daughter of late Promothonath Banerjee,

all residing at 2, Jelia Para 1^st  Bye Lane, P.S. Golabari,

District Howrah,

PIN 711106. ………………………………………………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.

F  I   N   A    L       O   R   D    E     R

1. This is an application  U/S 12 of the C.P. Act, 1986 filed by the petitioner, Jadadish  Chandra, against the o.ps., CESC Ltd., and four others,  praying  for direction upon the o.p. no. 1, CESC Ltd., to install separate domestic meter in the name of the petitioner at his holding no. 2, Jelia Para 1^st Bye Lane, P.S. Golabari, District Howrah, PIN 711106, and also to install meter in a place in the premises other than the existing meter board and also direction upon o.p. nos. 2 to 5 not to raise any objection at the time of installation of meter and direct the Commissioner  City Police, Howrah,  to  render police assistance while giving such connection and the o.ps. to pay compensation amounting  to Rs. 50,000/-. 

2. The case of the petitioner is that he is a monthly tenant in respect of one room in the ground floor with common bath and privy at holding no. 2, Jelia Para 1^st Bye Lane, P.S. Golabari, District Howrah, PIN 711106, under the o.p. nos. 2 to 5 who are landlords. The o.p. nos. 2 to 5 enjoy electricity from the meter standing in their names and located in the meter room and now they put pad lock in the meter room. The complainant being a premises tenant applied before CESC Ltd.  for separate domestic electric connection and he deposited Rs. 1,310/- before the o.p. no. 1 against the MASD Bill dated 08.03.2014 and on several occasions the men of the o.p. no. 1 went to his place for installation of electric connection but they could not do so as the o.p. nos. 2 to 5 raised objection. Now the o.p. nos. 2 to 5 put pad lock in the meter room. The petitioner wrote a letter to I/C,  Golabari P.S., seeking his assistance on 17.07.2014 but no help was received from police and the o.p. no. 1 could not install new meter. Having no alternative the petitioner filed this case praying for compensation also.     

3. The o.p. no 1 appeared in the case and filed written version denying the allegations made against them and submitted that they being the service provider  had been to the premises of the petitioner on 25.03.2014, 28.7.2014, 29.10.2014 and lastly on 12.01.2015 and attempted to install supply as well as install meter in the premises of the complainant but the o.p. nos. 2 to 5 raised vehement objection and also being landlord of the premises they put pad lock in the meter room and thus they failed to provide supply to the petitioner and thus there was no deficiency in service on their part.

4. The o.p. nos. 2 to 5 neither appeared in the case nor contested the same though notices were duly served on them and thus the case is heard ex parte against them. 

5. Upon pleadings of  parties the following  points arose for determination :

1. Is the case maintainable in its present form ?
2. Whether the petitioner has any cause of action to file the case ?
3. Whether  there is  any deficiency in service on the part of the CESC Ltd. ?
4. Whether the complainant is   entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

6. All the issues aretaken up together for the sake of convenience and brevity for discussion and to skip of reiteration. In support of he case the petitioner, JagadishChandra, filed affidavit as well as documents showing that he is a tenant in the premises and also a civil case filed by the petitioner against him praying for his eviction from the room proved the case that he is a legal occupier of the premises and thus he is entitled to separate electric connection. In this case, the o.p. agreed that the petitioner is entitled to electric connection and due to objection raised by the o.p. nos. 2 to 5 and also in absence of police personnel they could not render the electric supply to the petitioner. Thus, the petitioner proved his case and he is entitled to get fresh electric supply to his tenanted premises unless he is legally evicted from the property. This Forum finds no deficiency in service on the part of o.p. no. 1 whohad been to the premises of the petitioner for a number of times as conceded by the petitioner also . However, the petitioner would be entitled to police protection at the time of rendering such electric connection.

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. 664 of 2014 ( HDF 664  of 2014 )  be  and the same is allowed on contest without  costs  against  the O.P. no. 1 and ex parte against o.p. nos. 2 to 5 without costs.   

      The petitioner is entitled to fresh electric connection to his tenanted premises and O.P. no. 1, CESC Ltd., is directed to install separate domestic supply as well as install  separate meter in the tenanted premises of the petitioner and the o.p. nos. 2 to 5 are directed not to raise any objection and in case of objection raised, the I/C, Golabari P.S., Howrah, is directed to assist the o.p. no. 1 as well as petitioner so that the supply of electric connection is provided to the petitioner by the o.p. no. 1 smoothly.  The supply would be given within 30 days from the date of this order by the o.p. no. 1 failing the petitioner would be at liberty to put the order in execution and also in case of obstruction by o.p. nos. 2 to 5 both the petitioner as well as o.p. no. 1 would be at liberty to inform I/C, Golabari P.S., Howrah, for police assistance, who shall extend assistance forthwith.     

      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, free of costs.

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.