In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no. 86 / 2007

Present :  Sri A.K. Das,  President

                          Sri L.K. Banerjee,  Member

                          Smt. D. Sen (Maity), Member.

Order no.   7   dt. 21.9.2007

          Petitioner has filed this consumer complaint against the o.ps. alleging deficiency in service on the part of o.p. no.1 as o.p.no.1 failed to provide electric connection in the petitioner’s portion in the premises no.6/C, Aftab Mosque lane, P.S. Alipore,  Kolkata-27.

            He was a tenant under previous landlord Shyamal Kr. Sarkar who has sold the premises to o.p. no.2 by regd. deed of conveyance. petitioner was residing in the premises without electricity, as such, he applied to o.p. no.1 for connection. O.p. no.1on receiving the petition of the petitioner inspected the premises but could not provide connection due  to objection raised by o.p. no.2. hence the petitioner has moved this forum for relief in terms of the prayer.

            o.p. no.1 was duly served with the notice, but did not appear to answer the deficiency as alleged in the consumer complaint.

            o.p. no.2 appeared and filed w/v contesting the claim of the petitioner contending interalia that he purchased the premises from Shyamal Kr. Sarkar. He does not dispute that the petitioner is in occupation in a portion of the premises and applied for electric connection to the o.p. He contended that he has filed an ejectment suit against the petitioner being R.C. no.124 of 2003 which is pending before Ld. Civil Judge, Junior Division, Alipore. Petitioner was enjoying electric connection illegally from the premises no.6H Aftab Mosque lane. Accordingly he lodged an information to the concerned police station and also to  o.p. no.1. He has moved the Ld. Civil Judge, Junior Division with an application for temporary injunction restraining the petitioner from getting any new electric connection. He disputed the status of the petitioner in the premises.

            It is evident from the record and from the categorical statement of the petitioner that there is no electric connection in the occupied portion of the petitioner. Accordingly, he applied to o.p. no.1 for supply of electric connection. After due inspection o.p. no.1 was ready to supply connection but they failed to provide connection due to objection raised by o,.p. no.2.

            Electricity is an essential service. Petitioner is residing in the premises without electricity. O.p. no.1 failed to provide connection due to objection raised by o.p. no.2. In view of the fact o.p. no.1 cannot hold his hand due to objection of o.p. no.2 in providing essential service to the petitioner. Thereby petitioner is entitled to relief in terms of the prayer. Accordingly, the consumer complaint succeeds.

            O.p. no.1 is  directed to provide electric connection within one month from date subject to fulfillment of necessary formalities of the o.p. no.1. No order is passed as cost of the litigation. The consumer complaint is accordingly disposed of.

            Let copy of this order be supplied to the parties free of cost.

                                Member                       Member                     President