Date of Filing – 23.06.2017

Date of Hearing – 06.03.2018

            The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of the Complainant Sri Sraban Kumar Das to assail Order No.05 dated 24.05.2017 passed by the Ld. District Consumer Disputes Redressal Forum, Howrah (for short, Ld. District Forum) in Consumer Complaint No.53/2017.  By the impugned order, the Ld. District Forum allowed the application filed by Respondent Nos. 2 to 4 challenging the maintainability of the proceeding and thereby dismissed the complaint.

          The Appellant herein being Complainant lodged the complaint before the Ld. District Forum asserting that he  is the owner of the property measuring about 02 decimals in L.R. Dag No.367 & 369, Hal Khatian No.4958 under Mouza – Duillya, P.S.- Sankrail, Dist – Howrah and as there is no domestic electric connection, the appellant on requisition deposited an amount of Rs.1,066/-for installation of electricity at his residence.  The appellant has alleged that in order to deprive him from enjoying the electric connection, the OP Nos. 2 to 4 filed a writ petition being WP No.3318(W) of 2015 before the Hon’ble High Court at Calcutta which is pending for disposal.  The appellant, however, approached the Ld. District Forum with prayer for a direction upon Respondent No.1 i.e. the Station Manager, Andul Mouri CCC of WBSEDCL to install electric meter at his own land and to restrain the respondent nos. 2 to 5 not to obstruct respondent no.1 in installation of the said electric connection.

          The Respondent nos. 2 to 4 being OP nos. 2 to 4 after entered appearance filed an application challenging the  maintainability of the proceeding on the ground that they have filed one writ petition being WP No. 3318(W) of 2015 in the Hon’ble High Court at Calcutta.

          The Ld. District Forum by the impugned order allowed the said application and dismissed the complaint on the ground that when over the self-same matter writ petition is pending, it would not be wise for the Forum to hear the matter to avoid multiplicity of the proceedings and to avoid the is chance of conflicting decisions.

          Having heard the Ld. Advocates for the Appellant, Respondent No.1 and the Respondent Nos. 2 to 4 and on perusal of materials on record, it would reveal that the appellant possess 01 decimal of land along with structure thereon in LR Dag No.369 under LR Khatian No.4958 and the nature of the land appears to be ‘Bastu’.  The appellant having no electricity at his residence has applied for a new electric connection and on requisition has deposited Rs.1,066/- as per quotation in pursuance of the direction of respondent no.1.

          Evidently, the Respondent Nos. 2 to 4 has filed one writ petition in the Hon’ble High Court at Calcutta being WP No.3318(W) of 2015 and the same is still pending for consideration but there is no document whatsoever to show that the Hon’ble High Court has given any direction to the respondent no.1 to restrain them from installation of electricity in the house of appellant.  Section 3 of the Act, provides that the provisions of the Act shall be in addition and not in derogation of the provisions of any other law for the time being in force.  Thus, the remedy available under the Act is an additional remedy, which the legislature has in its wisdom made available to a consumer.

          Even in a decision of Full Bench of Calcutta High Court in WP No.423/2010 (Abhimanyu Majumdar –vs. –  Superintendent Engineer & Anr.) the question came for adjudication whether right to have electricity under the ambit of Article 21 of Constitution of India by including such right within the derived right ‘right to shelter’ under Article 21 of the Constitution of India could be available to trespassers and unauthorised occupier; and, whether right to shelter a derived/emanated fundamental right could be extended to the unauthorised occupants, squatters, encroachers of any land or premises to provide as a consequential relief to supply electricity on breach of statutory provisions under the Electricity Act, 2003 and the Works of Licenses Rules, 2006 as well as on public interest’? and in answering to the question it has been observed – “.......if the applicant is found to be in settled position of the premises in question and they will be entitled to the enjoyment of the electricity so long they are not dispossessed by due process of law on compliances of all formalities required under the Act”.

          In the case beforehand, the appellant is the owner of the premises in question where he intended to install a new electric connection in his name and further the appellant himself did not approach the Hon’ble High Court or any other Forum.  Therefore, the Ld. District Forum has totally misdirected itself in considering the matter from real perspective and the actual proposition of law.  Therefore, I am constrained to interfere with the order impugned.

          In view of the above, the appeal is allowed on contest.  However, there will be no order as to costs.

          The impugned order is hereby set aside.

          The parties are directed to appear before the Ld. District Forum on 20.04.2018 positively and on that date, the OPs must file written version, if not filed already, otherwise in view of direction of Three-Judge Bench of Hon’ble Supreme Court reported in 2016 (1) CPR 123 [New India Assurance Co. Ltd. – Vs. – Hilli Multipurpose Cold Storage Pvt. Ltd.],  the Ld. District Forum will proceed to dispose of the complaint after reception of evidence of complainant as per provisions of Section 13(2)(b) of the Act.

          The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Howrah for information.