DATE OF FILING : 10-09-2012.
DATE OF S/R : 05-02-2013.
DATE OF FINAL ORDER : 31-05-2013.
Sri Baidya Bhattacharjee,
s/o. Taraka Bhattachaerjee,
residing at Paikan Deasi Naskarpara,
P.O. Nibra, P.S Domjur,
District – Howrah, ----------------------------------------------------------- COMPLAINANT.
Versus -
1. The Station Manager,
Salap coc/of WBSEDCL,
At Nirmala Market, Salap Bagar, first floor,
P.O. & P.S. Domjur, District – Howrah.
2. Salap E.S. of WBSEDCL at Nirmala Market, 1st floor,
Salap Bazar, P.O. & P.S. Domjur,
District – Howrah.
3. West Bengal State Electricity Distribution Co. Ltd.
4. Bachihu Chowdhury,
s/o. late Ajit Chowdhury,
Paikan Dashi, Naskazpara, P.O. Nibra,
P.S. Domjur,
District – Howrah.-------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case was filed by complainant U/S 12 of the C.P. Act, 1986,
as amended against the O.P. nos. 1, 2 & 3 alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction upon the O.P. no. 1 i.e., WBSEDCL Authority for effecting new service connection at the residence of the complainant under Khatian no. 823 Sabek dag no. 391 under Mouza Tentulkulli, P.S. Domjur, District – Howrah, after depositing Rs. 200/- vide form no. 1300053833 on 23-02-2012 and for further order for police help if any obstruction or disturbance is caused by the O.P. no. 4 to the said premises.
The O.Ps. i..e., WBSEDCL Authority in their written version admitted that the
complainant applied with deposition of Rs. 200/- as EMD but the service connection cannot be installed owing to the objection raised by one Bachihu Chowdhury, O.P. no. 4. They have no objection for installation of the same if the O.P. no. 4 is restrained.
The notice was served on 06-11-2012 to the O.P. no. 4 and returned back to
the Forum by the Postal Authority. As per order of the Apex Court of India service of notice to the O.P. no. 4 is considered to be good service and thereafter O.P. o. 4 did not appear for which ex parte order was passed against O.P. no.
.Upon pleadings of both parties two points arose for determination :
Is there any deficiency in service on the part of the O.Ps. i.e.,
WBSEDCL Authority ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. Admittedly the complainant complied with all necessary formalities. It appears that the O.P. no. 1 being a
public utility concern is eager to cater supply to the intending consumer, i.e. complainant. There is no deficiency in service on their part and nor did they commit any unfair trade practice. Their inability to effect the new connection was due to the objection raised by the opposite party no. 4. Moreover, U/S 43 of the Electricity Act, 2003 wherein the complainant is entitled to get electricity as a occupier whatever the reason to his occupied portion as an occupier.
6. We have also considered the written version of O.Ps. i.e., WBSEDCL Authority but the fact remains that the present situation the complainant cannot be deprived electricity nor can be forced to live in darkness due to fictitious ground considering electricity is a need based requirement of a civilized person.
In the result, we are of the view that the complainant is entitled to the relief as prayed for. The points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 105 of 2012 ( HDF 105 of 2012 ) be allowed on contest without costs against the O.P. no. 1 WBSEDCL Authority and dismissed ex parte against the O.P. no. 4 without cost.
The O.Ps. i.e., WBSEDCL Authority be directed to effect the new service connection at the schedule premises at Paikan Deasi Naskarpara, P.O. Nibra, P.S Domjur, District – Howrah, giving opportunity to the complainant to comply all necessary formalities including deposition of service connection charges and security deposit followed by inspection within 45 days from the date of this order.
If there be any resistance by anyone including the O.P. no. 4 against such supply of electricity in the said schedule premises, the O.Ps. i.e., WBSEDCL Authority shall be at liberty to take necessary assistance or protection from Domjur P.S. The O/C, Domjur P.S. shall be under obligation to provide necessary assistance or protection to the men and officers of the O.Ps. i.e., WBSEDCL Authority for providing such supply to the complainant premises in case of approach made by O.Ps. i.e., WBSEDCL Authority .
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
