DATE OF FILING : 17-07-2013. DATE OF S/R : 14-08-2013. DATE OF FINAL ORDER : 17-01-2014. Smt. Renuka Maity, wife of late Madan Maity, Village & P.O. Jugersha (near Naboday Milan Sangha ), P.S. Panchla, District – Howrah, PIN – 711302.------------------------------------------------------------------- COMPLAINANT. - Versus - 1. The Station Manager, Jala Dhulagori Group Electric Supply, WBSEDCL Co. Ltd., Village – Jala Dhulagori, P.O. Dhulagori, P.S. Sankrail, District – Howrah, PIN – 711302. 2. Divisional Engineer, Uluberia ‘D’ Division, WBSEDCL Co. Ltd. Village & P.O. Banitabla, Uluberia, Howrah. 3. The Chairman, WBSEDCL Co. Ltd. Bidyut Bhawan, Salt Lake, Kolkata – 700091 4. Jagadish Maity, son of Debendra Nath Maity, Village & P.O. Jugarsha ( Haritaki Pardh ), P.S. Panchla, District – Howrah, PIN – 711302. 5. Lalit Manna, son of late Paresh Nath Manna, 6. Biseswar Manna, son of Lalit Manna, 7. Astha Kr. Manna, son of late Ananata Manna, 8. Anil Manna, son of late Ananta Manna, all of village & P.O. Jugarsaha Haritaki Pardh, P.S. Panchla, District _ Howrah, PIN – 711302. -----------------------------------------------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 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 passing necessary directions upon the o.ps. for effecting new service connection at the schedule premises together with compensation and litigation costs as the o.ps. in spite of observing the necessary formalities including deposition of security charges and service connection charges by the complainant has been deferring the supply of electricity for want of free access at the complainant schedule premises for further order for police help if any obstruction or disturbance is caused by the other third party. The O.P. nos. 1 to 3 i.e., WBSEDCL Authority in their written version admitted that the complainant complied with all formalities and paid the security deposit and service connection charges but the new connection cannot be effected owing to the objection raised by the local inhabitants for which disposal of the service connection cannot be proceeded till restraining the O.Ps. Notices were served upon the O.Ps. namely 4 to 8 and they received the summons but did not appear and file writer version for which ex parte hearing was made against them. Upon pleadings of both parties two points arose for determination : - i) Is there any deficiency in service on the part of the O.Ps. ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS Both the points are taken up together for consideration. The complainant complied with all necessary formalities. It appears that the O.Ps. being public utility concern is eager to cater supply to the intending consumer i.e., complainant. There is no deficiency in service on their part and nor did they commit any unfair trade practice. Their inability to effect the service connection at the complainant’s premises was due to the objection raised by the 3rd party i.e. local inhabitants. Since the complainant being a citizen of India suffered for want of electricity and the O.Ps. are willing to install the electric connection objection raised by the other neighbours on flimsy ground cannot sustain at this critical juncture as per the Electricity Act (36 of 2003), Sec.-43, 167, 67-works of Licensees’ Rule, 2006 which runs as under,- “Persons in settled possession of property be it trace passers, unauthorized encroachment, squatter of any premises can apply for supply of electricity without the consent of the owner- is entitled to get electricity and enjoy the same until he is evicted by due process of law” (reference WB No. 423 of 2010, date 11/02/2011 before the Hon’ble High Court, Registered under AIR 2011 Cal P-64. From the above we have our considered opinion that under Electricity Act, 2003, occupier has a statutory right, and licensee as distribution company has a statutory obligation to give electric connection to occupier – Pendency of suit with the private respondents with interim injunction against the petitioner, the electric connection cannot change nature and character of the property. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his 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. 235 of 2013 ( HDF 235 of 2013 ) be and the same is allowed on contest without costs against O.P. nos. 1 to 3 and ex parte against the rest without costs. The O.Ps. WBSEDCL Authority be directed to effect the new service connection for power supply to the complainant at the schedule premises. If thereby any resistance by anyone including the other inhabitants effecting the service connection of the said premises O.Ps. WBSEDCL Authority. shall be at liberty to take necessary assistance or protection from the Panchla P.S. The I/C Panchala P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the WBSEDCL Authority for providing supply to the complainant in case of approach made by the WBSEDCL Authority. No costs both compensation and litigation are awarded. 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. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. | 
