DATE OF FILING                    :     26/08/2014

DATE OF S/R                            :      13/07/2015

DATE OF FINAL ORDER      :     11/12/2015

TILOKA ADHIKARY

wife of late Baidyanath Adhikary,

residing at 18/1, Sreekishan Bhakat Lane, P.S. Bantra,

District Howrah,

P.S.  711 101 …………………………...……………………….. COMPLAINANT.

• Versus   -

1.         District Engineer,

CESC Ltd.,

having its regional office at

433/1, G.T. Road, (North)

Howrah 711 101.

2.         Subir Pradhan,

sons of late Bibhuti Bhusan Pradhan,

18/1, Sree Kishna Bhakat Lane, P.S. Bantra,

Howrah 711 101

3.         Prabir Prodhan

sons of late Bibhuti Bhusan Pradhan,

18/1, Sree Kishna Bhakat Lane, P.S. Bantra,

Howrah 711 101 .……………………………………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. Complainant, Smt. Tiloka Adhikary,  by filing a petition U/S 12 of the C. P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.p. 1 to give new electric connection at her scheduled premises being 18/1, Sri Krishna Bhakat Lane, P.S. Batra, Hawrah 711 101, to restrain O.Ps. 2 and 3 from raising objection at the time of installation of such connection, to pay Rs. 90,000/- as compensation and Rs.10,000/- as litigation cost along with other order or orders as the Forum may deem fit and proper. 

2. Brief fact of the case is that complainant paid the MSAD bill vide no. 06/07009/14/9/1, date 07/05/2014 issued by O.P. 1 after due inspection with regard to  the technical feasibility of installing new electric connection with 0.40 KW ( Domestic ) load.  But even after making the said payment, O.P. 1 could not install the same due to huge objection raised by O.P. nos.  2 and 3 who are the legal heirs of original landlord of the complainant’s husband, Baidya Nath Adhikary, since deceased. Complaint has filed her all possible documents like ration card, voter identity card and Aadhar Card, showing her residential status at the scheduled address. Complainant made several requests to O.P. 1 to give her new electric connection but no fruitful result came out. So, finding no other alternative, she filed this instant petition  praying for the aforesaid reliefs.

3. Notices were served upon O.Ps. They all appeared and filed written version. Accordingly, the case  is heard on contest.

4. Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

2. Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5. O.P. 1 in its written version has admitted that complainant paid the MASD bill dt. 07/05/2014 amounting to Rs.1,310/- on 21/07/2014 vide annexure. O.P. 1 went to install the connection on several occasions like 23/07/2014, 31.07.2014 etc.  but due to heavy objection put by other inmates of the scheduled premises, they could not succeed. And on the other hand, it is the specific plea of O.P. no. 2   and 3 that a civil suit is still pending before Ld. 7^th Civil Judge (Jr. Division ) for eviction. Here we take a pause, as per our Apex Court’s order when a person can show his or her occupancy in a particular address, he or she is entitled to electricity because in modern days, light is off life is off. It is a basic need to run one’s life smoothly. Accordingly, we hold that the complainant is entitled to electricity. So, the case is allowed in part.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 474 of 2014 ( HDF 474 of 2014 )  be  allowed on contest in part  without   costs  against  the O.P. no 1  and dismissed against others O.Ps. without cost.

      That the  O.P. no. 1 is  directed to install the electric connection at the premises of the complainant within 30 days from the date of this order with the help of local P.S. Bantra, Howrah.  

       That the o.p. nos. 2 & 3 are   directed not to raise any objection at the time of effecting service connection at the premises of the complainant.  

      No order as to cost and compensation is awarded.

      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, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

     ( Jhumki Saha)                                              

  Member, C.D.R.F.,

          Howrah.