District Consumer Disputes Redressal Commission, Hooghly

PETITIONER

VS.

OPPOSITE PARTY

Complaint Case No.CC/131/2019

(Date of Filing:-03.09.2019)

1. Sri Sanjoy Jha and Sri Uday Jha, both residing at

Babuganj, Jagannath Ghat Lane, P.S. Chinsurah

P.O. and Dist. Hooghly, Pin:-712103.

1. Station Manager, WBSEDCL of Mogultuli, P.O. and P.S. Chinsurah,

Dist:- Hooghly, Pin:-712101

2. Sri Krishnalal Dutta of Babuganj, Jagannath Ghat Lane,

P.S. Chinsurah, Dist:-Hooghly Pin:-712103

Mr. Debasish Bandyopadhyay, President

Mrs. Minakshi Chakraborty, Member

Mr. Debasis Bhattacharya, Member

            PRESENT:

Final Order/Judgment

Debasis Bhattacharya:- PRESIDING MEMBER

                   Having been agitated over the denial of West Bengal State Electricity Distribution Company Limited (hereinafter referred to as WBSEDCL) to give electricity connection to the declared place of address, the instant case has been filed by the complainants on 03.09.2019, u/s 12 of the Consumer Protection Act 1986 involving two opposite parties (hereinafter referred to as OPs) viz. the WBSEDCL, Mogultuli, Chinsurah and Sri Krishnalal Dutta also of Chinsurah (Detailed address of whom are mentioned prepage).

Thus, so far as the instant case is concerned, this commission has both territorial and pecuniary jurisdiction in the matter of disposal of this case.

Materials on records viz. the complaint petition, written versions filed by the OPs, evidence on affidavits filed by both the sides, brief notes of arguments filed by both the sides and documents annexed are perused.

Filtering out the unnecessary details in the complaint, the complainant’s case may be summarized as follows.

The petitioners, in unequivocal terms admit that their father Sri Jogeswar Jha forcefully encroached into the property reportedly of one Sri Shyamacharan Chattopadhyay. During the material time of encroachment, the property was being owned and possessed by Smt. Provabati Devi the widow of Sri Chattopadhyay, by way of inheritance. The petitioners also claim that the name of Smt. Provabati Devi was shown as owner of the property in relevant Government records.

After admitting the forceful encroachment defying the resistance from Smt. Provabati Devi’s end, it is further admitted that the present petitioners who happen to be sons of Sri Jogeshwar Jha are still owning and possessing the said property after demise of their parents.

Now, the petitioners, in their complaint petition express their grievances over denial of WBSEDCL in the matter of giving electric connection to the complainant at the place ‘possessed’ by them whatever be the status of the possession.

The complainants have submitted the copies of the application for new connection, adhar cards, Pan Cards, Ration cards and WBSEDCL’s communication seeking documents of bona fide occupation, or ownership of the premises and way leave permission from the owner.

By this time, one Sri Krishnolal Dutta appeared in the scene and claimed that he had purchased the property, but not from the said Shyamacharan Chattopadhyay or from his widow but from one Sri Mohitosh Mukhopadhyay of Kolkata. Having failed to evict the present complainant from the property, Sri Dutta filed a suit in the Court of Civil Judge (Jr. Divn.), Hooghly. In the result, decree was issued in favour Sri Dutta and complainant was directed to quit and vacate the property within 30 days from the date of the judgment.

In turn, the complainant filed an appeal against the said judgment and decree and the same is still pending before the Ld. Additional District Judge, Special Court, Chinsurah, Hooghly.

The complainant submitted an application for new domestic electric connection before the WBSEDCL Authority on 20.06.2019.

Consequent upon the developments as mentioned above, Sri Dutta submitted a letter before WBSEDCL on 21.06.19 i.e. the very next day, expressing his objection in the matter of giving electric connection to the complainant.

Now, the complainants in their petition pray for a direction to the Station Manager, WBSEDCL Moghultuli to provide domestic electric connection to the disputed premises where they are staying now, on the ground that ‘even the trespassers are entitled to get the provision of essential commodities like electricity, water supply and sanitation’

In this connection, they relied on the ruling of Hon’ble Calcutta High Court dtd.14.03.2019 in C.O. No.4573 of 2016 in the case of Smt. Mita Karmakar vs. Smt Lila Brahma in which it was held that ‘an unauthorized occupier most certainly be evicted by person having better title by due process of law, but so long as he is in occupation of the premises his right to get electricity cannot be denied’.

Now it transpires that the complainants had valid Adhar cards issued by Government of India quoting the address of the place occupied by the petitioner.

We have heard arguments advanced by learned counsel for the parties.

Now, this Commission observes that since an electricity connection does not in any way confer a title to the occupant of a property, the occupant cannot be deprived of a connection on the grounds of a title dispute, by the electricity providers. Electricity connection has nothing to do with the legality and the propriety of the possession of the property. WBSEDCL cannot decide the disputed question of right and title and the ownership or right of occupancy has no nexus with grant of electric connection to a consumer.

In view of the above, WBSEDCL is directed to grant an electricity connection for the time being to the complainants in the premises or in the property where they are staying and occupying, on observation of all technical formalities but without bothering about the legal status of the premises or property where the complainants are staying. However it is clarified that the grant of electricity connection or this order would not be construed as conferring or recognizing the title of the petitioner to the said property or with regard to the identity of the said property.

Hence it is

                                        ORDERED

That the complainant case no. 131/2019 be and the same is allowed on contest but in part.

WBSEDCL is directed to grant an electricity connection for the time being to the complainants at their place of stay without bothering about the legal status of the said place of stay.

However there is no order as to costs.

Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post for information and necessary action.

The final order will be available in the website www.confonet.nic.in.

Drafted and typed by me.