DATE OF FILING : 29.09.2014.
DATE OF S/R : 18.12.2014.
DATE OF FINAL ORDER : 29.12.2015.
Sri Bablu Bakshi,
son of late Fanindra Nath Bakshi,
of village New Kolora ( Uttarpara ), P.S. Domjur,
District Howrah,
PIN 711302. .……... …..…………………………...……….…... COMPLAINANT.
1. The Station Manager,
West Bengal State Electricity Distribution Company Ltd.,
Jaladhulogori CCC, Dhulagori, P.S. Domjur,
Howrah 711302.
2. The Chairman,
West Bengal State Electricity Distribution Company Ltd.,
“Vidyut Bhavan”, Block DJ, Sector II,
Bidhannagar,
Kolkata 700091.
3. Sri Dulal Khanra,
son of late Nitai Khanra.
4. Sri Nityananda Kar,
son of late Mangal Kar,
5. Sri Raj Kumar Manna,
6. Sri Priya Ranajan Manna,
o.p. nos. 5 & 6 are both sons of late Biswanath Manna,
of village New Kolora ( Uttarpara ), Domjur,
District Howrah,
PIN 711302. ……. ……………...………………………………. 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
- The instant case was filed by complainant, Sri Bablu Bakshi, U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. nos. 1 & 2 , WBSEDCL, for effecting new service connection at his premises, to restrict the other o.ps. 3 to 6 from creating any disturbance at the time of giving electric connection and to allow the prayer of police assistance, to pay Rs. 50,000/- as compensation for causing mental tension, agony and unnecessary harassment and Rs. 10,000/- for litigation costs along with other order and orders as the Forum may deem fit and proper.
- The brief facts of the case is that the complainant paid the quotation amount of Rs. 473/- to o.p. nos. 1 & 2, on 22.03.2012 against the quotation dated 09.01.2012 raised by o.p. nos. 1 & 2 for getting new electric connection vide Annexures 1 to 4. Although the o.ps. made several attempts to install the electric connection at the complaiannt’s premises, it was only due to illegal objection raised by the o.p. no. 3 to 6 that o.p. nos. 1 & 2 failed to install the same. So the complainant on 19.11.2013 and 12.8.2014 vide Annexures 5 & 6 requested o.p. nos. 1 & 2 to give new electric connection but no fruitful result came out. So being frustrated and finding no other alternative, complainant filed the instant complaint with the aforesaid prayers.
- Notices were served upon the o.ps. All the o.ps. appeared and filed written version. So the case was heard on contest against all the o.ps.
4. Upon pleadings of parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written versions and noted their contents. It is admitted that complainant applied for a separate electric connection at his premises and he is the son of late Phanindra Nath Bakshi, owner of the premises in question. From the W/V of the o.p. nos.1 & 2, it is very much clear that they made all possible attempts to provide electric connection to the complainant’s premises on several occasions such as 27.03.2012, 04.04.2012 by engaging their agency namely M/S. Pradip Electrical Works, but due to vehement objection raised by o.p. nos. 3 to 6, the installation work could not done by that agency which was also intimated to the complainant as well as Gram Pradhan vide Annexure 7 dated 22.09.2014. Accordingly, there is no deficiency on the part of o.p. nos. 1 & 2. From the W/V of o.p. nos. 3 to 6 it is very much clear that they are the only persons who are giving trouble to the technical persons deputed by o.p. nos. 1 & 2 with respect to the installation of electric connection at the complainant’s premises. The o.p. nos. 3 to 6 have raised all very illogical and unethical objection in this regard vide para 6, 7, 8. In modern days no one can live without electricity. It is a basic need to live in a civilized society. Light is off life is off. Accordingly, complainant is very much entitled to the electric connection at his premises. O.p. nos. 1 & 2, being the public utility concern, are always at liberty to install electric connection at any premises after observing all official formalities as per their convenience. Accordingly, we are of the candid opinion that it is the fit case where the prayer of the complainant should be allowed.
Hence,
O R D E R E D
That the C. C. Case No. 542 of 2014 ( HDF 542 of 2014 ) be and the same is allowed in part on contest without costs as against the O.P. nos. 1 & 2 and dismissed as against the other o.ps.
The O.P. nos. 1 & 2, WBSEDCL Authority, be directed to effect the electric connection at the schedule premises of the complainant being village New Kolora, ( Uttarpara ), P.S. Domjur, District Howrah, PIN 711302, within 30 days from the date of this order with the help of local P.S. Domjur. The O/C, Domjur P.S., Howrah, is hereby directed to accord police assistance in this matter.
The o.p. nos. 3 to 6 are strictly directed not to create any obstruction at the time of effecting electric line i.d., they shall have to face the legal consequences.
No order as to compensation as well as litigation costs.
The complainant is at liberty to put the decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
