DATE OF FILING                    :       07-08-2012.

DATE OF S/R                            :       07-09-2012.

DATE OF FINAL ORDER      :       10-12-2012.

Nagina Devi Shaw,

w/o. Sri Binod Kumar  Shaw,

residing at Bhagwan Ganguly Lane,

P.S. & District –Howrah,

PIN – 711101.-------------------------------------------------------------------  COMPLAINANT.

-         Versus   -

1.         The District  Engineer,

CESC  Ltd., Howrah  Regional Office,

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

Howrah – 711 101.

2.         Sri Monoj Kumar Shaw,

s/o. Pyarelal Shaw.

3.         Smt. Shila Shaw,

w/o. Manoj Kumar Shaw.

4.         Sarad  Narhari  Deshpandey.

s/o. not  Known.

5.         Awadesh  Sharma,

s/o. not known,

all of 17/1, Bhagwan Ganguly Lane,

P.S. &  District – Howrah,

PIN – 711101.-------------------------.----------------------------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 complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.Ps.  alleging deficiency in service U/S 2( 1 )( g ),  2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the O.P. no. 1, CESC Authority for immediate shifting the existing meter baring nos. 3294532, 3245658, 3335703 & 3234513 possessed by the o.p nos. 2 to 5 which recorded energy consumption consumed by the o.ps. ( herein o.p. nos. 2 to 5 ) from the existing place. Hence the case.

2.                  The o.p. nos. 2 & 3 by filing a separate written version stated that they are

ready to shift the existing  meters meant for them to their suitable place if o.p. no. 1 i.e., CESC Authority agreed for the same shifting.

3.                  The o.p. no. 5 by a separate written version made some confusion against

the complainant regarding actual ownership of the premises and thereby raised some objection regarding claiming the prayer of the complainant for shifting the existing meter bearing no. 3294513 ( consumer no. 58007166036 ) enjoying electricity by the o.p. no. 5 himself from  o.p. no. 1 (herein CESC Authority ). The o.p. no. 5 also stated that the said meter is the property / controlled by the CESC Authority and this particular complainant has no right for seeking to the o.p. no. 1 for removal of the said electric meter.

4.                  The o.p. no. 1 herein CESC Authority while submitting his written version

categorically pointed out that this is a dispute between the so called landlord and tenant and they installed meters at the common meter room of o.p. nos. 2 to 5 and the o.p. no. 1 CESC Authority can only be shifted the meter if permission/ request for removal / shifting have been made  from the respective o.ps. and no such prayer were received till date for which prayer of the complainant could not be considered for the same. They are ready to act accordingly for the same if prayer / proper advice from the Court of Law were  received.

5.                  The notice was served to o.p. no. 4 and the same is returned with postal

remarks  'Left' and the same is considered to be good service and hence ex parte has been made against o.p. no. 4.

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

i)          Is there any deficiency in service on the part of the O.P. no. 1 ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

7.         Both the points are  taken up together for consideration.   Since the complainant occupied / possessed the property as per deed it is no doubt to opine that he can claime for the shifting the existing meter to a suitable place of others occupiers at their desire place as arranged. The objection raised by the other o.ps. ( herein o.p. nos. 2 to 5 ) cannot be sustained at this juncture. Therefore, we are of the view that the complainant has a genuine grievance and in view of the present situation of law his grievance requires to be fulfilled. Both the points are accordingly disposed of. 

            In the result, the complaint succeeds.          

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 91 of 2012 ( HDF 91 of 2012 )  be  allowed on contest against the O.P. nos. 1, 2, 3 & 5 and dismissed ex parte against o.p. no. 4 without costs.  

      The O.P. no. 1, CESC Authority  be directed to shift the existing four number of meters belongs to  his  property to a suitable place without disturbing the power supply after receiving the prayer from the o.p. nos. 2 to 5 within 30 days from the date of this order  giving top most priority. The o.p. nos. 2 to 5 are hereby advised to submit their prayer within 15 days from this order to the CESC Authority failure of which CESC Authority has the liberty to shift the existing meter ( four numbers ) from the existing meter room after proper inspection of the site as per their requirement.

      If there is any resistance by anyone including the o.p. nos. 2 to 5 against such shifting in the said premises the o.p. no. 1 CESC Authority shall be at liberty to take necessary assistance or protection from Howrah P.S. The I/C, Howrah P.S. under obligation to provide necessary assistance or protection to the men and officers of the CESC Authority for shifting such meters from the  premises of the  complainant  to the new place of the o.p. nos. 2 to 5 in case of approach made by the CESC Authority.

      The o.p. nos. 2 to 5  be directed to bear all the costs   required for shifting the  meters against quotation issued by the  CESC Authority within the time frame.

      No orders as to costs.

      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.