Date of filing      : 22.09.2014

                Date of S/R         : 31.12.2014

                Date of Order     : 19.01.2016

                Mitrajit Mukherjee

              S/o Shri Madhabendra Mukherjee,

              1/1 Q Road, P.S.-Liluah,

              District-Howrah-711101……………………………………………………….Complainant

                                                                Vs.

1. The Station Manager,

West Bengal State Electricity Distribution Company Ltd.

             DasnagarCCC, Dasnagar, Howrah-711105

        2)  The Chairman,

              West Bengal State Electricity Distribution Company Ltd,

              Vidyut Bhavan, Block-DJ, Sector-II,

              Bidhnnagar, Kolkata-700 091……………………………………………Opposite parties

         P R E S E N T

………………………………………………………………………………

President : Shri B. D. Nanda.

Member   : Smt. J. Saha.

Member   : Shri A. K. Pathak.

            This is an application U/s 12 of the Consumer Protection Act, 1986, filed by the Petitioner,  Mitrajit Mukherjee, Praying before this Forum directing the O.P. WBSEDCL to  install new electric meter by issuing new service connection in the name of the petitioner at holding No. 1/1 Q Road, P.S. Liluah and passing an order for police protection during such installation of meter and new connection and directing O.P. to pay Rs. 50,000/-as compensation and 10000/- as litigation cost. 

            The case of the petitioner is that he  is a consumer under the O.P. and he absolute owner and occupier of holding No. 1/1 Q Road, P/S Lilua, Dist. Howrah.  He is a practicing doctor and intended to take electric connection in the said holding as there is no such connection.  On 07.07.2014 he applied before the O.P. for new connection and on 22.08.2014 the O.P.s gave him one quotation bill of Rs. 859/- and he paid the same on same date. 

            On 10.09.2014 the O.P.s sent him a letter stating that they would not be able to provide him new service connection due to outstanding dues even if there was no electric service connection in the said premises.  The petitioner is a practicing doctor and the patient might fall ill without electricity and also he needed same connection for his family members .  There is no latches of the petitioner and the O.P.s acting illegally causing harassment .  Hence this case is filed.

The O.P. contested the case for filing a written version denying the allegation made in the petition and submitted that the case is not maintainable .

They submitted that in holding No. 1 Q Road there is electric connection being consumer I.D. No. 132054826 in the name of Lt. Modan Mohan Mukherjee who is Grand Father of this petitioner.  The O.P.s admitted that this petitioner applied for new connection and deposited the quotation amount and service connection charge but they also found that the consumer , Modan Mohan Mukherjee who was the Grand Father the petitioner in holding No. 1 Q Road having a pending bill amount of Rs. 2,14,928/- .  There is clear nexus between the said Modan Mohan Mukherjee and the present petitioner who is well aware of the title suit No. 10/2002 before the ld. 6^th  Civil Judge Jr. Division , Howrah between said Modan Mohan Mukherjee and WBSEDCL .  As there is pending bill in the said premises so unless the old bill paid no new connection can be given. 

On the above cases of the parties the following issues are frame :

1. Is the case maintainable in the present form ?
2. Whether the  petitioner any  cause of action to file the case ?
3. Whether any deficiency in service on the part of the O.P.  ?
4. Whether the petitioner is entitled to the  reliefs as prayed for ?

Decision with reason

All this issues are taken up together for the shake of convenience and brevity of discussion and to skip of reiteration.  In support of his case the petitioner filed affidavit in chief as well as documents in the form of probate certificate which proved the fact that he is the exclusive owner and the occupier of premises No. 1/1 Q Road, Howrah.  It is further noticed from the order sheet of title suit No. 10/2002  that this Civil Suit was filed by Modan Mohan Mukherjee against WBSEDCL and where in now Madhabendra Mukjherjee is the plaintiff and from the order dated 22.06.2006 of ld Civil Judge it is noticed that the matter was a bill dispute and a  specific order was passed in favour of the petitioner.  However, that title suit cannot have any connection with the present case wherein Mitrajit Mukherjee is the petitioner and he became owner of the property being holding No. 1/1 Q Road by virtue of a will made by Modan Mohan Mukhopadhya in his favour and wherein he got probate Certificate by virtue of probate case No. 207/2003 wherein the District Delegate Howrah issued the probate certificate in favour of the petitioner.  Thus there is no denying in the fact that the petitioner Mitrajeet Mukherjee is absolute owner and occupier of holding No. 1/1 Q Road, Howrah and the Civil Suit between Modan Mohan Mukherjee and later on Madhabendrda Mukherjee and WBSEDCL wherein the consumer was owner of holding 1 Q Road and thus both the holding are difference once.  Further for realization of old bills the O.P.s got liberty to approach the proper Forum and denying electric connection to the kin of the defaulter is found arbitrary and whimsical as well as illegal and against the provisions of laudotom land.

            Our Supreme court in the case of Chandu Khamaru Vs. Nayan Mallick and other opined that distribution licensee had got the duty to supply electricity to the applicant and it is the statutory duty of the Agency to supply electricity to an owner and occupier of any premises located in area of distribution agency.  Our parents High Court in the case of Abhimanyau Mazumder Vs. Suptd. Engineer and another opined that a person in settled possession of property be it trespasser , unauthorized encroacher, squatter of any premises, can apply for supply of electricity without the consent of the owner and he is entitled to get such electricity connection and enjoy the same until he is evicted by due process of law.  It is fact that rendering electric connection cannot change the nature and character of the property and getting electricity being the statutory right of a man, the Electricity Distribution Company as in the case WBSEDCL cannot deny electricity to the present petitioner.

            In view of above discussion and findings the case of the petitioner succeeds.

            Court fees paid is correct.

Hence,

                                                            Ordered,

that the Consumer Case No.  523/2014 be and the same is allowed in contest against the O.P.s but without cost considering the facts and circumstances of the case.

            The petitioner is entitled get relief as prayed for and the O.P.s are directed to issue new service connection and install new electric meter in the premises of the petitioner as holding No. 1/1 Q Road and in case of any obstruction the petitioner as well as O.P. would have the liberty to approach the local I.C. Liluah P.S. who would render necessary help in such new connection which must be done within 30 days from the date of this order by the O.P.s failing the petitioner would be at liberty to put the order as execution no order is passed as to compensation and cost as this Forum finds no such latches on the part of the O.P. No. 1. 

            Supply the copy of the order to the parties free of cost. 

Dictated and corrected

by me

     ( B. D. Nanda)

President, C.D.R.F. Howrah