Judgment & Order dt. 16.06.2017
Steeped in ill-will, mistrust and sheer hostility, both the complainants as referred to above, who are sired by the same mother namely Bithika Rani Sarkar (since deceased) have gone to such an extent that they are not in a position to allow each other to enjoy even the facility of electric connection. They have not even spared the Forum from the heat of their fall-out and the two complaints filed herein appear to be culmination of mutual antagonism of the two brothers.
Facts and circumstances leading to the filing of the two separate cases by the two brothers flow from incidents of same nature and hue and as such we think it better and convenient to dispose of both the cases by a common judgment.
Facts of the cases:
Both the complainants have been residing in their ancestral house. There was an electric connection in the name of their mother namely Bithika Rani Sarkar. So long the mother was alive, there was no dispute between the brothers over the matter of electric connection. The dispute cropped up between the two brothers close on the heels of death of their mother and especially when they wanted to take separate electricity connection in their names to their houses. Both the complainants are so adamant that they were not in a position to allow the another brother to have the electric connection from the OPs. Even they complained before the police to restrain one another from taking electricity connection from the OPs, as a result of which the OPs could not provide such connection to the complainants, although they were always ready and willing to give such connection to the complainants. Now, both the complainants have approached the Forum levelling the allegation against the OPs that the OPs are not giving electricity connection to them in spite of fulfillment of all the formalities by them and that they (OPs) have thus become guilty of deficiency in service. Hence, the case.
The OPs i.e. Electricity Department have filed a written statement wherein it is contended inter alia that they are always ready and willing to give electricity connection to the complainants. But, it is none but the complainants, as goes their allegations, who have dug the pit for themselves and it is they who have raised the objection against giving the electricity connection to one another. According to the OPs, they will ensure electricity connection to the houses of the complainants, if proper direction is made to that effect from the side of the Forum.
Upon the averments of both the parties the following issues are formulated for proper adjudication of the matter in disputes.
Issues:
- Are the OPs guilty of deficiency in service as alleged by the complainants?
- Are the complainants entitled to get relief as prayed for?
DECISION WITH REASONS
Issue Nos. 1 & 2:
Discussions on both the issues are synchronized for the sake of convenience. A perusal of both the complaints reveals that both the brothers i.e. the complainants are always at loggerheads, which prevented both of them from taking electricity connection from the OPs. When one of the brothers tries to take connection by having complied with all the formalities, another brother rises up in arms and files an objection before the electricity department so that the electricity connection is not given to the former. Similarly, the same case is repeated when the later brother makes an attempt to take the connection from the OPs. The OPs are always ready and willing to give electricity connection to the complainants but it is the complainants themselves who have dug the pit for themselves. It is not the fact that OPs cannot be blamed in any way for not giving electricity connection to the complainants.
The OPs could have availed themselves of police help for giving supply connection to the houses of the complainants. But they are not seen to have taken any such effective measure for giving supply connection to the complainants. They are found to play like fence-sitters and here lies the deficiency in service on the part of the OPs. Now to see whether the complainants are entitled to take the electricity connection in the face of strong resistance put up by them inter se. It is undisputed fact that both the brothers have been residing in their ancestral house. After the death of their mother they have become the owner of their ancestral house and as such they are lawful occupiers and owners of that house of their mother. As being lawful occupiers / owners of the said houses, they are entitled to take electricity connection and OPs are also bound to give such connection to them provided that all the formalities required therefor are fulfilled by the complainants. Regard being had to all these facts and circumstances, we are of the opinion that the complainants are entitled to get the electricity connection to their respective houses and the OPs are also bound to give such connection to them.
In the result, both the cases succeed in part.
Hence,
O R D E R E D
that both the complaint cases be and the same are allowed on contest in part against the OPs. Considering the peculiar facts and circumstances of the case, we are not in a position to pass any order as to cost and compensation in the cases.
The OPs are directed to give electricity connection to the houses of both the complainants on fulfillment of paraphernalia required for giving electric connection, within 15 days of this order or date of fulfillment of all the formalities, as the case may be.
The OPs are also at liberty to take the police help, if any one of the complainants deliberately stands in the way of giving such electricity connection to another complainant by producing a copy of this order before the concerned police officer, who is bound to extend all helps to the OPs for implementation of this order of the Forum.
This judgment be treated as judgment in both the cases and be kept within the records of both the cases.
Let a plain copy of this order be furnished to the parties concerned forthwith free of cost.
