DATE OF FILING : 10-10-2013.
DATE OF S/R : 17-12-2013.
DATE OF FINAL ORDER : 06-05-2014.
Manoj Kumar Pandey,
son of late Ram Sundar Pandey,
residing at 95/14, Dharmatala Road, P.S. Malipanchghora,
P.O. Ghusuri, District – Howrah,
PIN – 711107..-------------------------------------------------------- COMPLAINANT.
- Versus -
1. The District Engineer,
Howrah District,
CESC Limited, Howrah Regional Office,
433/1, G.T. Road ( N ),
Howrah – 711101.
2. The CESC Limited,
CESC House, Chowringhee Square,
Kolkata – 700 001.
3. Smt. Rekha Sharma,
wife of late Arjun Sharma,
residing at 95/14, Dharmatala Road,
P.S. Malipanchghora, P.O. Ghusuri,
District – Howrah,
PIN – 711107. -----------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) alleging deficiency in service against o.p. nos. 1 & 2 U/S 2(1)(g), 2(1)(o) prayed for direction to be given upon the O.P. nos. 1 & 2 to extend service connection through a separate meter at the meter room to the complaiant occupied portion at premises situated at 95/14, Dharmatola Road, P.S. Malipanchghora, P.O. Ghusuri, Howrah, together compensation and litigation costs in spite of observing the necessary formalities including deposition of MASD bill amounting to Rs. 1,200/- by the complainant has been deferring the said service connection for want of free / easy access.
2. The o.p. nos. 1 & 2 CESC Authority admitted the facts regarding deposition of MASD Bill against extension of electric service connection to the complainant’s premises but could not accelerate due to objection raised by the o.p. no. 3. The o.p. nos. 1 & 2 CESC Authority are ready and willing to effect the said connection if free access is available at the complainant meter room premises with assistance of civil authority.
3. The o.p. no. 3 in her written version stated that the complainant is a tenant of one Aswafi Debi who is the occupier in respect of holding no. 95/14, Dharmatola Road, and the said plot is thika property and no question of ownership as it stated by the complainant. So the complainant has no authority to take service connection meant for the above premises.
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?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. Since the complainant
deposited the MASD Bill under the head of new service connection charges & security deposit to the CESC Authority and the o.p. nos. 1 & 2 CESC Authority is willing to effect the new service connection, the objection raised by O.P.3 cannot stand for effecting the proposed service connection in accordance of provisions of Section 43 of the Electricity Act, 2003, as an occupier of the property or a part thereof, the petitioner has a statutory right to call upon the distribution company to give his electricity, and once the requisite application was filed, the distribution company incurred a statutory obligation, to give his electricity. There is no deficiency in service on the part of the o.ps. and not did they commit any unfair trade practice. Their inability to install the meter was due to objection raised by the o.p. no. 3 i.e., a co-sharer of the thika property. We have also considered the written version of o.p. no. 1 & 2 but the fact remains is that as the present situation the complainant cannot be deprived from the electricity nor can be forced to live in darkness due to some fictitious ground considering electricity is a need based requirement of a civilized person.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of Law his demand requires to be fulfilled. Points under consideration are accordingly decided.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No.373 of 2013 ( HDF 373 of 2013 ) be allowed on contest without costs against the o.p. nos. 1 & 2 CESC Authority and dismissed ex parte without cost against the O.P. 3.
The o.p. nos. 1 & 2 CESC Authority be directed to extend new service connection through installation of a separate meter at the meter room premises of the complainant where quotational amount had been deposited by the complainant against quotation served by the CESC Authority within 30 days from the date of this order giving top most priority.
The O.P. no. 3 is hereby restrained from causing any disturbance at the time of effecting the service connection, if thereby any resistance by anyone including the O.P.3 against such supply of electricity in the said schedule premises, o.p. nos. 1 & 2 CESC Authority shall be at liberty to take necessary assistance or protection from P.S. Malipanchghora. The I/C, P.S. Malipanchghora. shall be under obligation to provide necessary assistance or protection to the men and officers of the o.p. nos. 1 & 2 CESC Authority for providing such supply to the complainant in case of approach made by o.p. nos. 1 & 2 CESC Authority.
No costs against compensation and litigation are 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.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
