By : SMT BANDANA ROY, PRESIDENT

                The case of the complainant in brief is that the complainant applied for a domestic electric connection on 24.06.13 being application No. 2000834739 and accordingly deposited the quotation money of Rs. 400/- and Rs. 304/- on 12.09.13 to the OP but till now the OP did not effect the service connection in spite of many reminders from the side of the complainant.

    For such deficiency of service on the part of the OP the instant case has been filed with the prayer for reliefs as per complaint petition.

                The Opposite party Station Manager, Nandakumar CCC appeared by filing written version and contests the complaint petition by denying all the material allegations of the complaint.  The specific case of the OP is that the complainant applied on 18.06.13 in prescribed form of WBSEDCL, procedure A (2010) vide application No. 2000834739 and deposited earnest money of Rs. 200/- for installation of electric connection in his premises. Due inspection was done for that purpose and it was found that 4 Nos. of PCC poles were required. The petitioner deposited the quotation amount of Rs. 704/- on 12.09.13. Thereafter when the agency of the OP had been to the spot to effect the service connection they faced strong objection of one Gourhari Bera who also filed a written objection. The complainant was informed of the written objection of Durgarani Bera wife of Gouirhari Bera vide Memo No. NDK/24/949 dated 20/12/16.

        In the above premises, the OP prays for di9smissalof the complaint petition with cost.

                The only question to be considered whether the complainant is entitled to get the relief as prayed for in the complaint petition.

                                                       Decision with Reasons.

                On careful perusal of the records and various documents and also hearing the arguments as advanced by the ld advocate for both the parties it is seen that admittedly the complainant is residing in the given address in the  complaint and admittedly for getting electric connection in his name in  his portion he made an application for rendering electric connection  to the OP  and accordingly  he deposited the quotation money as per direction of the OP . The grievance of the complainant is that in spite of compliance of all the necessary formalities the OP  did not provide him the electric connection at the said house on his portion of the land.

Ld. Advocate for the complainant argued that the complainant is a lawful occupier of the premises in question and he is entitled to get the electricity in his name.

The case of the O P is that it is ready and willing to provide electric connection to the premises of the complainant at any time but due to resistance raised by one Gourhari Bera at the time of drawing the overhead line, the OP was unable to provide the electric connection. Ld advocate for the OP argued that  the complainant has failed to furnish any NOC from the other co-sharers of the land in question . It is submitted that the complainant has no authority for getting any electric connection as he has no right, title and interest upon the land in question as alleged by Gourhari Bera.  OP also filed some documents i.e copy of excerpt replication of land record date base collected at the central server. OP also produced copy of the letter of Durgarani Bera w/o Gourhari Bera .

We have perused the letter wherefrom we came to now that Durgagani Bera wrote to the Op that the complainant had applied for electric connection but they cannot draw the electric connection to the complainant due to their personal reasons. For that reason the OP could not supply electricity to the premises of the complainant.

On the other hand the ld advocate for the complainant referred to a decision reported ion 2011 (CPJ) 516 wherein it has been held that Section 2(1)(g) ,15 –Electricity – Connection – Not given – No objection certificate not submitted – Alleged deficiency in service  - District Forum dismissed complaint – Hence,  appeal – Complainant legal occupier of said premises who possesses voter ID and ration card – Legal occupier entitled to get electricity as essential service for life – Op directed to provide connection as NOC is not required from co-sharers  or owner- Order of Forum below set aside.

Considering everything we are of the view that the complainant is entitled to get electric connection in his house without hampering the interest of Durgarani Bera.

                Hence, it is

ORDERED

              That the complainant case No. 275/16 be and the same is allowed on against the Opposite Party without any order as to costs.

                 The OP is directed to effect supply of electric connection to the premises of the complainant at his portion within 15 days from the date of passing of this order without disturbing the interest of Durgarani Bera. In case of any resistance on behalf of Durgarani Bera  or Gourhari Bera , the OP is at liberty to take police help from the local PS  and in this respect the cost of such police help should be borne by the complainant. In default of   compliance of this order the OP will be liable to pay punitive charge at the rate of Rs.100/ -per diem which would be payable to the Consumer Welfare Fund of this Forum.

            Let copy of the judgment be supplied to all the parties free of costs.