DATE OF FILING                    :           29-08-2012.

DATE OF S/R                            :         02-11-2012.

DATE OF FINAL ORDER      :           03-04-2013.

Sabnam Sahana,

wife of Reyaz Alam,

residing at village – Katliya Muslimpara,

plot no. 131, P.S. Domjur,

District – Howrah,

PIN – 711405.-------------------------------------------------------------------- COMPLAINANT.

Versus   -

The Station Manager,

Salap Group E.S. WBSEDCL. S.M.

Nirmala Market Salap Bazar, P.S. Domjur,

District – Howrah,

PIN  – 711405.-----------------------------------------------------------------OPPOSITE PARTY.

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

The instant case  filed by complainant U/S 12 of the C.P. Act, 1986 as

amended against the O.P.  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.  i.e., WBSEDCL Authority for effecting new electric connection ( loop) through separate meter  together with  compensation and litigation costs as the O.P.  has been deferring the supply of electricity for claiming outstanding dues to the other existing consumers at the said premises where complainant applied for  connection by registered himself through deposition of E.M.D. money of Rs. 2,00/- on 30-12-2011 vide form no. 1000467901.

The o.p. in the written version contended interalia that at  the time of

inspection it is noticed that four connections existing in the same premises out of which the consumer bearing no. F 06162 hving outstanidng dues amounting to Rs. 17,299/- from Aug’08 to Oct’08 and that to it is allegedly stated by this answering O.P. that this particular complainant consumed electricity against consumer bearing no. F06162  through his meter for which she (complainant ) is liable to make payment of outstanding charges lying against the said premises. The O.P. further opined that he is ready to effect the connection until and unless the complainant deposited the outstanding dues along with  other requisite formalities

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

i)          Is there any deficiency in service on the part of the O.P.  ?

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

DECISION  WITH   REASONS      :

Both the points are  taken up together for consideration. Since the complaiannt

deposited Rs. 200/- as E.M.D. through receipt no. A/9053958 ( Book no. A11 )  dated 31-10-2011 under the head of new service connection it is the statutory right of the petitioner to call upon the distribution company to give her electricity and once the requisite application was filed, the distribution company incurred a statutory obligation to give her electricity U/S 43 of the Electricity Act, 2003, simply because the petitioner is a party suffering from electricity, the electricity authority are not entiteld to say that he / she cannot get electricity owing to non  deposition the outstanding dues lying uncredited on behalf of other co-related parties. The licensee can take the opportunity of the other provision of the Electricity Act, 2003 as deemed fit. But in this case he has failed to do so.

Therefore, we are of the view that the complainant has a genuine demand and in

view of the present position of law her demand 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.  100 of 2012 ( HDF 100  of 2012)  be  allowed on contest without  costs  against  the O.P. 

                The O.P. be directed to  effect the electric connection through installation of meter

( loop ) in the schedule premises of the complainant within 45 days raising quotation as per site inspection together with observing all other technical formalities bearing any pre-condition for deposition of outstanding dues lying to other allied associated consumers at the said premises.

                No cost is  awarded in the nature of compensation and litigation.

                The complainants are 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.