Judgment : Dt.27.2.2017
This is a complaint made by one Paltu Kayal, son of Dulal Kayal, 34/1, Gopal Doctor Road, Kolkata-700 023 against (1) District Engineer, CESC, Calcutta South Port West District, P-18, Taratala Road, P.S.- Taratala, Kolkata-700 088, OP No.1, (2) Ddinesh Shaw, 49/5, Karl Marx Sarani, P.S.- South Port, Kolkata-700 023, OP No.2 and (3) Officer-in-charge, Watgunge Police Station, Kolkata-700 023, praying for an order directing the OP No.1 to give new connection to the Complainant at his residence, an order directing the OP No.2 to render all assistances to the OP No.1 to give new connection, an order directing the OPs to pay cost of litigation of Rs.25,000/- and an interim order.
Facts in brief are that Complainant is a monthly tenant under the OP No.2. Since the beginning of the tenancy, Complainant used to enjoy electricity in his tenanted portion and electricity charges were payable to the OP No.2 @Rs.10/- per unit. Due to lapse of time, the relationship between Complainant and OP No.2 got tainted and from the month of September, 2015, Complainant is depositing the rent before the Rent Controller. OP No.2 has filed for a suit for eviction of the Complainant before Ld. 2nd Civil Judge (Jr. Division) at Alipore, being title suit No.60/2016 and this suit is pending. OP No.2, Landlord in order to harass the Complainant has filed the suit and is also not assisting the CESC in installing electric connection in the premises. Complainant is living in darkness. So, Complainant filed this case.
OP, CESC, filed written version and denied the allegation of the complaint. Further this OP has stated that the dispute between Complainant and OP No.2 is of Landlord and tenant and CESC has nothing to do with that. This OP has also said that if this Forum passes order for installation of electricity, it is ready to install it.
OP No.2, Landlord, has not filed written version, but, has filed affidavit-in-chief.
Decision with reasons
Complainant has filed a petition for treating the original complaint as affidavit-in-chief and the prayer was allowed. Against this, OP, CESC, did not file questionnaire and thereafter the case was fixed for OP’s evidence. OP filed evidence against which Complainant filed questionnaire and the case was taken up for argument.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
On perusal of the prayer portion, it appears that Complainant has prayed for installation of electric connection after breaking the padlock of the meter room. In our views, this Forum has no jurisdiction to direct OP, CESC, to break padlock of any place. Furthermore, no ground is forthcoming on which said prayer is made.
Next prayer is for a direction upon OP No.2 to render all assistance for installation of electric meter. In this regard, it appears that the Complainant came into a dispute with the Landlord and he has started depositing rent before the Rent Controller. Further, it has also been cleared that there is a civil suit pending before the Ld. Civil Judge (Jr. Division), Alipore.
Now, the question arises as to whether Complainant is a consumer and he completed the necessary formalities for getting the electric connection.
On perusal of the documents filed on behalf of the Complainant, it appears that a copy of the letter of District Engineer, CESC, wherein it has been stated that an inspection is to be carried out. However, Complainant has not mentioned as to what happened thereafter.
In such circumstances, it is clear that Complainant did not approach this Forum with clean hands as because Complainant concealed the facts as what happened after inspection. It is settled principle of law that any person who approaches the Court or any Forum has to approach with clean hands, which is absent here.
Hence,
ordered
CC/288/2016 and the same is considered and dismissed on contest.
