DATE OF FILING : 19.03.2012.
DATE OF S/R : 18.07.2012.
DATE OF FINAL ORDER : 31.08.2015.
Sri Pradyut Ghosh,
son of late Joydeb Ghosh,
residing at village Kanaidanga, Ghoshpara,
P.O. Kuldanga, P.S. Panchla,
District Howrah. ……………………………………………………… COMPLAINANT.
1. The Station Manager,
Jaladhulagori CCC, WBSEDCL,
office of the S.M. Dhulagori,
Howrah – 711302.
2. The Divisional Engineer,
office of the Divisional Engineer,
WBSEDCL, Howrah ( District ) Division 1,
13, Netaji Subhas Road,
Howrah 711 101.
3. The Chairman,
WBSEDCL, having its head office at Bidyut Bhawan,
Salt Lake City, Kolkata 700 091.
4. Uttam Ghosh,
son of late Gokul Ch. Ghosh,
village Kanaidanga, P.O. Kuldanga, P.S. Panchla,
District Howrah. ……….…………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Pradyut Ghosh, praying for a direction upon the o.ps., Station Manager, Jaladhulagori CCC WBSEDCL and two others to render new electric connection in favour of the petitioner and also compensation for a sum of Rs. 50,000/-.
- The case of the petitioner is that he is a co owner and occupier of the bastu land measuring 5 satak together with structure situated in R.S. Dag no. 2665 and L.R. Dag no. 2592 in Mouza Kuldanga, P.S. Panchala. He applied for new electric connection and after inspection he deposited the quotation money on 31.10.2011 but the o.ps. did not supply new electric connection to him which is deficiency in service on their part and so he filed this case.
- The o.p. nos. 1, 2 & 3 being the WBSEDCL contested the case by filing a written version wherein they denied the allegations made against them and admitted that the petitioner applied for a new connection and he deposited the quotation money but further stated that Uttam Ghosh submitted written objection before o.p. no. 1, the Station Manager, Jaladhulagori CCC, WBSEDCL, that T.S. No. 24 of 2004 was filed by him against Tusar Kanti Ghosh and others and pending before Civil Judge, Howrah, and the Court ordered the party to maintain statuesque in respect of suit property and also the o.p. nos. 1 to 3 tried to supply such connection but due to strong resistance on behalf of Uttam Ghosh and other the electric connection could not be effected and then informed the matter to the O.C., Panchla P.S. The allegations against them being false be dismissed.
- The o.p. no. 4, Uttam Ghosh, appeared in the case and filed written version denying the allegation of petitioners stating that he is neither co owner nor occupier, the original owners were Gokul Ghosh and Bata Krishna Ghosh. Gokul Ghosh died leaving wife Kanak and two sons and five daughters. Bata Krishna died leaving seven sons. The property is undivided and partition suit pending and suppressing the facts the petitioner filed this case which be dismissed.
- This case was previously rejected by this Forum as the petitioner deliberately took recourse to false suit and against the said order of rejection the petitioner approached the State Commission which allowed the appeal and set aside the impugned order and remanded the case to the Forum against for fresh hearing.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is 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 :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip of reiteration. It is the simple case of the petitioner that he being an co owner and occupier in the property applied for electric connection and the o.p. nos. 1, 2 & 3 being the electricity authority could not effect such connection as there was obstruction from o.p. no. 4 and others who also filed partition suit in the court of Sr. Civil Judge, 1st Court, Howrah, being T.S. No. 24 of 2004. Due to obstruction from o.p. no. 4 the electric authority could not supply new electric connection to the petitioner . Thus this Forum finds no deficiency in service on their part and the authority also informed the matter to the local police.
- As regards obstruction by the o.p. no. 4 this Forum find that filing partition suit would in no way be a cause for not giving electricity to the petitioner as electricity is essentially for the purpose of utility and this is within the brought sweep of the right to life guaranteed under Article 21 of our Constitution and even an occupier is entitled to get electricity. Here the o.p. no. 4 in their written version stated that both the co owner as well as occupier has every right to get electricity and the occupier has a statutory right to apply for such connection and the electricity company has also a statutory obligation to give electric connection to the occupier and rendering such electric connection and never changes the nature and character of the property and thus this Forum finds it duty to allow the petition of the petitioner directing the o.p. no. 1 to render new electric connection to the petitioner at the earlier opportunity.
In view of above discussion and findings the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 22 of 2012 ( HDF 22 of 2012 ) be and the same is allowed on contest against the o.ps. without costs and compensation in view of discussion in the finding portion.
The petitioner is entitled to new electric connection in his residence and the o.p. nos. 1 to 3 are directed to supply electric connection to the petitioner within 30 days from the date of this order and the o.p. no. 4 is directed not to obstruct in giving such new connection failing the petitioner would be at liberty to put the final order in execution.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
