West Bengal

Kolkata-II(Central)

CC/215/2015

Sucecess Centre Welfare Association - Complainant(s)

Versus

The Executive Engineer,Central Grievance Redressal Section - Opp.Party(s)

Self

09 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II.
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/215/2015
 
1. Sucecess Centre Welfare Association
8, Justice K M Yousuf Sarani, P.S. Karya, Kolkata-700017.
...........Complainant(s)
Versus
1. The Executive Engineer,Central Grievance Redressal Section
C.E.S.C Ltd. Victoria House P.S. Hare Street, Chowringhee Square , Kolkata-700001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'BLE MRS. Sangita Paul MEMBER
 HON'BLE MR. Subrata Sarkar MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: Ld.adv, Advocate
ORDER

Order-13.

Date-09/10/2015.

In this complaint Complainant Success Centre Welfare Association by filing this complaint has submitted that complainant is a consumer of Electricity Service under Consumer Id. No. 20000173265, Consumer No. 20015174044 and other nos. at Premises No.8, Justice K.M. Yusuf Sarani, P.S.- Karya, Kolkata -17 for supply of electricity by the op CESC, Victoria House.

Complainant is Body by the Co-owners of the said premises to look after proper maintenance of the building and the electric installation such as Transformer and other electrical equipments as installed upon completion of building for obtaining electricity from CESC Ltd. and the said equipments are installed at a portion of the building on open space and it is under the custody of the op under lock and key from starting point.

Fact is that the said electrical installation have no corrugated sheet shed on its top for which there might be heavily damaged by recent earthquake and climatic condition of unsafe equipment and any incident may happen at any moment.

So the aforesaid matter is reported to the op by E-mail on 30.04.2015 and 06.05.2015 with a request to put corrugated sheet based on angle as structured material from ground level upto its top for safeguard of the electric installation through the approved contractor of the op or allow the complainant to do this work as per drawing approved by op CESC Ltd.But ops are silent on the matter.Neither op makes this work through their approved contractor nor allowing the complainant to do so for which complainant may suffer irreparable loss and also serious injury.

It is also stated by the complainant that considerable quantity of angles/beam and corrugated sheet are lying with the complainant, so labour and painting of equipment is mainly required to be done as per drawing approved by CESC Ltd. through their approved contractor and complainant is ready to bear such cost.In this circumstances, complainant prayed for directing the op to make installation of corrugated sheet made by iron angles/beam structure from ground level over electric installation and for safeguard of equipment at the above mentioned premises of complainant through op’s approved contractor as per drawing approved by CESC Ltd. authority which is estimated of Rs. 30,000/- borne by complainant and also for redressal of this case.

          On the other hand op the Executive Engineer of Grievance Redressal Section, CESC Ltd., by filing written statement submitted that the allegations made by the complainant are denied and in this regard op CESC Ltd. carried out an inspection at the disputed premises on 30.06.2015 in presence of R.C. Bhutoria the representative of Success Centre Welfare Association and the representative of complainant express his desire to build a canopyshed above transformer compound at their own cost and the reason for building up of such a shed is for cleanliness and electrical safety of transformer and its compound.

          But the main dispute of the complainant is that the residents of the adjoining premises threw garbage and unwanted materials in the compound of transformer on a regular basis.  So, complainant needs permission from CESC Ltd. for building up of a canopy shed and the construction of the canopy shed is absolutely technically visible and will protect all electrical equipments including transformer, RMU, Feeder Pillar Box etc. located within the compound of transformer.

          So, in view of the fact and circumstances, the observation and finding of the inspection report dated 30.06.2015. Op has no objection if complainant constructs a canopy shed over the transformer for protection and provided entrance of transformer compound should remain accessible round the clock.

          So, there is no deficiency or negligence on the part of the op CESC Ltd. for which this complaint should be dismissed.

 

Decision with reasons

          On proper appreciation of the complaint and written version and also the argument as advanced by the Ld. Lawyer of the op, we find that complainant has filed this complaint only for construction of a canopy shed for protection of electrical equipments including transformer, RMU, Feeder Pillar Box etc. located within the compound of transformer.

          In fact complainant wants to construct a canopy shed at their own cost and op in this regard already inspected the place on 30.06.2015 and it was carried out in presence of R.C. Bhutoria the representative of Success Centre Welfare Association and the representative of complainant expressed his desire to build a canopy shed above transformer compound at their own cost and the reason for building up of such a shed is for cleanliness and electrical safety of transformer and its compound.

          Truth is that the residence of the adjoining premises have been throwing garbage and unwanted materials in the transformer compound on regular basis and complainant wants permission for building of a canopy shed and the construction of the canopy shed is absolutely technically visible and no doubt will protect all electrical equipments including transformer, RMU, Feeder Pillar Box etc. located within the compound of transformer and as per said inspection report, op does not have any objection if complainant constructs a canopy shed over the transformer for protection subject to provision of entrance of transformer compound remain accessible round the clock.

          Considering the evidence of the op, it is clear that op has no objection if any canopy shed is constructed by the complainant for the protection of electrical equipments along with transformer, RMU, Feeder Pillar Box etc.  So, considering the admission of the op, we find that the necessary order may be passed with such direction by allowing this complaint but without any cost.

 

 

          In the result, this complaint succeeds without any cost.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on contest without any cost.

          Complainant is permitted to construct a canopy shed over transformer for protection of electrical equipments providing entrance of transformer compound should remain accessible round the clock of the op and construction cost shall be borne by the complainant and invariably the construction shall be made as per guideline of the op and before construction by the complainant, complainant shall have to inform the op and op shall have to give such instruction in this regard about manner and shape of construction and other co-related matters.

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'BLE MRS. Sangita Paul]
MEMBER
 
[HON'BLE MR. Subrata Sarkar]
MEMBER

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