Hon’ble mr. kamal de, presiding member
Order No. : 06
Date : 17.08.2022
The instant revision is directed against the impugned order dated 31.05.2022 passed by Ld. DCDRC, Purba Bardhaman in CC/98/2022.
In filing the revision, it is ventilated that the impugned order is bad in law and is passed without application of judicial mind.
It is also stated that the Ld. Commission failed to appreciate the fact that the complainant is a consumer under OP – WBSEDCL as he is ready to pay an amount for the purpose of installation of new electric connection.
It is also stated that OP – WBSEDCL is duty bound to provide electricity connection to all the applicants irrespective of title of the applicant over the premises in question.
It is also agitated that Ld. Commission below failed to hold that electricity is an essential service and no one can be deprived of the same without any justification.
The revisionist has prayed for setting aside the impugned order.
The question is whether the Ld. Commission below committed any illegality, irregularity or impropriety in passing the impugned order?
The complainant’s case is that he was an employee of Bardhaman Correctional Home and resides at Jail Khana Quarter, J.P. Hazra Road (near Shiv Mandir) and he retired from his service 31.03.2020.
It is also stated that he constructed a house at the above mentioned address and has been occupying the property uninterruptedly, peacefully and openly.
The complainant procured a form from OP 1 by making payment of Rs. 5/- for the installation of new electricity connection in his house for residential purpose. The complainant went to the Office of the OP 1 to submit duly filled up application form for electric connection but OP refused to receive the form from the complainant for want of necessary documents such as Deed/Porcha, Rent Receipt etc. in respect of the premises.
It is agitated that OP is deficient in rendering service to the complainant. On 30.04.2022 the Correctional Authority disconnected his electric connection and the complainant and his family members are passing days without electricity.
On 31.05.2022 date was fixed for admission hearing of the case and after hearing of the case Ld. Commission has been pleased to dismiss the case. The revisionist has moved before this Commission as such with the instant revision.
We have perused the documents on record. It appears that the complainant was an employee of Bardhaman Correctional Home and he was residing at Jail Khana Quarter of the Correctional Home for more than 60 years. He retired from his service on 31.03.2020. Correctional Home Authority also asked him to quit and vacate the quarter after his superannuation and Correctional Home has also opted legal course of action for his eviction from the quarter. Correctional Authority also disconnected the electric connection on 30.08.2022.
It is agitated by the complainant that he constructed a house at his own cost adjacent to the quarter during the course of his service and the complainant has also filed a title suit before the Ld. Civil Judge, Junior Division, 2nd Court, Purba Bardhaman for adverse possession being T.S. No. 543/2021 which is till pending.
The question is whether complainant is a consumer under WBSEDCL or not?
We find that the complainant procured an application booklet on payment of Rs. 5/- from Bardhaman – I Customer Care Centre of OP – WBSEDCL.
OP refused to receive his application for electric connection for want of necessary documents such as Deed/Porcha, Rent Receipt, Title Deed etc.
We find that the possession of complainant in Government Quarter is under challenge after his retirement.
It is also astonishing how complainant could construct a house on the Government Land and on the premises of Bardhaman Correctional Home.
The complainant has failed to show any title deed or porcha or rent receipt in respect of the premises where he wants to get electric connection. Mere purchase of an application form against payment of Rs. 5/- does not make the complainant a consumer under WBSEDCL. Moreover, WBSEDCL did not accept his application form for cogent ground in absence of any document of lawful possession or title in the premises where the complainant wants to get electric connection.
A lawful occupier is alone entitled to electricity and a trespasser has no such entitlement in terms of Section 12 (6) of the Electricity Act 1910.
Occupier of any premises must be a lawful occupier on the date of seeking electric connection, for a trespasser cannot get statutory amenities or facilities.
It cannot be said that a complainant is a consumer under C.P. Act
It is maxim of law that a person should come to court in clean hands for equity and one who seeks equity must come in clean hands. -
The possession of the complainant in the premises in question is controversial.
He is not in lawful occupation of the premises at which electricity supply is sought.
Under the above facts and circumstances we think that there is nothing to intervene into the impugned order passed by the Ld. Commission below.
We do not find any illegality or impropriety in the impugned order passed by the Ld. Commission below.
The instant Revision appears to be devoid of merit and merits no success.
Hence,
ORDERED
That the instant Revision being No. RP/7/2022 be and the same is dismissed on contest.
The impugned order being No. 5 dated 31.05.2022 in CC/98/2022 is upheld.
Let a copy of this judgement be supplied to the parties free of cost.
