DATE OF FILING : 18/05/2015
DATE OF S/R : 23/06/2015.
DATE OF FINAL ORDER : 18/02/2016.
SUDHIR CHANDRA BHAKTA,
son of late Ganga Charan Bhakta,
aged about 70 years,
residing at Atindra Mukherjee Lane ( ground floor ),
P.S. Shibpur, District Howrah,
PIN 711102.......................................................................................Complainant
1. The District Engineer,
Calcutta Electric Supply Corporation Limited,
having its regional office at 433/1, G.T Road (North),
Howrah 711101 .
.
2. SHAMBHUNATH SHAW,
s/o. late Ram Krishun Shaw,
residing at first floor at 6, Atindra Mukherjee Lane,
P.S. Shibpur, District Howrah,
PIN 711 102...............................................................................................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. The instant case was filed by complainant, Sri Sudhir Chandra Bhakta, U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. no. 1 CESC Ltd., for effecting new service connection at his tenanted premises and upon o.p. no. 2 not to create any obstruction at the time of installation of electric connection from the Ghori Meter, to pay compensation of Rs. 20,000/- and cost of Rs. 5,000/- along with other order and orders as the Forum may deem fit and proper.
2. The brief facts of the case is that the complainant paid the quotation amount of Rs. 200/- to o.p. nos. 1 on 13.05.2015 against application no.53555648727 for getting new electric connection at his tenanted portion situated at the premises no.6, Atindra Mukherjee Lane, P.S. Shibpur, Dist. Howrah, vide Annexure. It is to be mentioned here that complainant has been residing at the said premises for 34 years on payment of regular monthly rent to o.p 2. There is also an Agreement For Re-habilitation entered between the complainant and o.p. 2 vide Annexure. But the o.p. no. 2 threatened the complainant to disconnect his electric connection at any time and ousted him from his tenanted room. In such situation complainant filed a T.S. being no. 749 of 2015 before the 2nd Court of the Ld. Civil Judge ( Jr. Division ), Howrah. After getting application from the complainant, o.p. no. 1 made an inspection on 15.05.2015 but at the time of inspection the o.p. no. 2 along with his relatives prevented the o.p.no. 1 to do the same and after that incident complainant informed the matter to the local police on 16.05.2015. Being heard the matter police authority advised the complainant to take shelter before the court of law. Thereafter the complainant requested the o.p. no. 1, CESC Ltd., to take step on this matter but the CESC Authority expressed their inability to give electric connection at the tenanted premises of the complainant. So being frustrated and finding no other alternative, complainant filed this instant complaint with the aforesaid prayers.
- Notices were served upon the o.ps. All the o.ps. appeared and filed written versions. So the case was heard on contest against the o.ps.
4. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written versions of both o.ps. and noted their contents. It is admitted that complainant paid the earnest money of Rs. 200/- to CESC Authority on 13.05.2015. At the time of inspection on 15.05.2015 the o.p. 2 created obstruction. Moreover, complainant failed to produce any document of his occupation at the schedule premises . So for these reasons, o.p. no. 1, CESC Authority could not proceed further. Moreover, complainant has been enjoying electricity from the meter lying in the name of the o.p. no. 2 and there is an outstanding amount to be paid to o.p. no. 1. On the other hand denying and disputing all material allegations of the complainant, a specific plea taken by o.p. no. 2 is that after giving the rehabilitation to the complainant in the new reconstructed building, complainant was requested to give his share in the amount of Rs. 15,000/-, so paid by o.p. no. 2 to o.p. no. 1 as complainant was enjoying electricity from the Ghori Meter which is lying in the name of the o.p. no. 2. But he has refused to pay his share. Moreover, complainant has obtained an order of injunction from the Civil Court against the o.p. no. 2 by which o.p. no. 2 is restrained from disconnecting the electricity of the complainant which he is enjoying through Ghori Meter. Accordingly there is no deficiency on the part of o.p. no. 2. Here we take a pause. The objection raised by the o.p. no. 2 cannot stand in the way of giving new connection. In modern days, no one can live without electricity. It is a basic need to live in a civilized society. Light is off life is off. In view of the Section 3 of the C.P. Act, 1986, there is no bar in entertaining the identical petition as the question of new connection is involved. Accordingly, complainant is very much entitled to the electric connection at his tenanted premises. From the Annexure dated 13.5.2015 when complainant was asked to pay the earnest money of Rs. 200/- by o.p. no. 1 CESC Ltd., it is found that complainant applied for domestic connection ( 0.40 KW ). Accordingly, we are of the candid opinion that it is the fit case where the prayer of the complainant should be allowed in part.
Hence,
O R D E R E D
That the C. C. Case No. 190 of 2015 ( HDF 190 of 2015 ) be and the same is allowed in part on contest against the O.P. no. 1 and dismissed against o.p. no. 2 without costs.
The o.p. no. 1, CESC Ltd., be directed to effect the electric connection at the tenanted premises of the complainant of 6, Atindra Mukherjee Lane, P.S. Shibpur, Howrah, within 30 days from the date of this order after observing all official formalities.
The o.p. no. 2 and his associates are directed not to create any obstruction at the time installing electric connection at the tenanted premises of the complainant.
The complainant and the o.p. no. 1 are at liberty to take police assistance at the time of installation of electric connection, if necessary.
No order as to costs and compensation.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
