Petitioner - INDO EASTERN PRINTING WORKS,
a proprietorship business,
having its registered office at
62, Chatterjeepara Lane, Kadamtala,
Howrah 711 101 and workshop at
Village Gayeshpur, P.O. Baluhati,
P.S. Domjur, District Howrah,
PIN 711 405 ( W.B.),
represented by its sole proprietress,
Mrs. Utpala Roy,
w/o. late Biswanath Roy
of 62, Chatterjee Para Lane, Howrah,
PIN 711 101 ( W.B.).
VS
O.P. The Station Manager,
WBSEDCL, Jagadishpur CCC,
Jagadishpur Hat, Howrah,
PIN 711111.
Order No. 7 Date : 19.02.2016.
This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Indo Eastern Printing Works, represented by its sole proprietress, Smt. Utpala Ray, praying for a direction on the o.p., WBSEDCL, Jagadishpur CCC to give connection in the workshop of the petitioner and also direct O/C, Domjur P.S., to render necessary policy help at the time of rendering such connection.
The case of the petitioner is that they applied for fresh electric connection before the o.p. and deposited earnest money of Rs. 2,000/- and service connection charge of Rs. 84,370/- and security deposit of Rs. 10,081/- but in spite of formalities the o.p. did not give connection compelling petitioner to file the case as local miscreants obstructed the o.p. to render connection.
The o.p., WBSEDCL, contested the case by filing a written version denying the allegations made against them and submitted that the case is not maintainable and also the petitioner has no cause of action to file this case. They further submitted that this o.p. held inspection for ascertaining the technical feasibility of such supply in question on 19.11.2014 and served quotation upon the petitioner on 15.12.2014 for depositing a sum of Rs. 84,370/- for such service connection charges and Rs. 1,00,881/- for permanent security deposit and after depositing the quotation amount on 22.12.2014 necessary service connection was issued on 16.02.2015 in favour of M/S. Sagar Electrical. During execution of the work for erection of poles on PWD Road resistance was raised by local people who stopped such connection. Accordingly the o.p. intimated the matter to the petitioner and requested her to obtain necessary way leave and to solve the dispute. The o.p. is always ready and willing to give such connection.
The only point to be decided here is whether the petitioner is entitled to get the electric connection as prayed for ?
In support of their case the petitioner filed affidavit and documents to prove the case and all the above oral and documentary evidences went unchallenged as no contradictory evidence filed by the o.ps. and there is nothing to disbelieve the case of the petitioner. Thus the case of the petitioner is proved as getting water and light from the service provider is the basis right of a consumer.
Court fee paid is correct.
Hence,
O R D E R E D
That the C.C. no. 387 2015 be and the same is allowed on contest without costs against the o.p.
The petitioner is entitled to the reliefs as prayed for and the o.p., WBSEDCL, Jagadishpur CCC, is directed to give fresh electric connection to the petitioner in the workshop by observing all formalities within 30 days from the date of this order and in case of any obstruction from any corner to approach the O.C., Domjur P.S. who is to give necessary police protection to the petitioner as well as o.p. at the time of giving such new electric connection. In default of compliance of the order, the petitioner would be at liberty to put the order in execution.
Supply the copies of the order to the parties, free of costs.