S.S. Ali, Member (L)
The complainant’s case in short is that:
The complainant and her husband are the joint owners and are in possession of demarcated 5.625 decimal of land appertaining to plot no. 277 of Mouja Kismatnaikundi, under P.S Mahisadal situated on a mud built tile shed house. The same was acquired by them vide a registered Deed of Sale dated 22.01.2010.
The complainant after purchase of the said property applied for domestic electric connection vide letter dated 02.03.2010 and on the same day she deposited Rs. 210/- under A/c head of E/M, and A/P with the office of the opposite party and also on instruction of the opposite party the complainant had deposited security money of Rs. 650/- on 4.5.2010 and received proper receipt. The opposite party thereafter did not effect the electric connection to the house of the complainant. The complainant thereafter requested the OP’s vide letters dated 18/06/2010 and 22/06/2010 for effecting electric connection but the OP failed to effect connection, instead the OP by a letter dated 23/07/2010 informed the complainant that due to a civil suit filed by one Ajoy Pramanik, electric connection to the house of the complainant could not be effected.
Lastly on 25/6/2012 the complainant went to the office of the op and requested the op to effect electric connection to the scheduled premises of the complainant but the op refused them on the self same ground, hence the complainant came before this forum for relief.
The opposite party appeared and contested the suit by filling WV as well as by filing WNA. The OP stated in his W/V that the Ld. Advocate DGC, Purba Medinipur on behalf of one, Sri Ajoy Kr. Pramanik by his letter dtd. 28.06.2010 informed the OP for not effecting the service connection in favour of the complainant on the ground that said Pramanik obtained an order of injunction against this complainant in respect of plot no. 277 in connection with Title Suit no. 43/2010, Mouza – Kismatnaikundi, from the court of Ld. Civil Judge, Jr. Division Haldia and this matter had been intimated to the complainant by the OP by letter dtd. 23.07.2010 and for such objection they could not give effect to the said service connection.
POINT FOR DISCUSSION
- Whether the claimant is entitled to any relief or relief as prayed for?
DECISION WITH REASON
On going through the complaint petition, the written version and also the relevant documents filed by the parties as also perusing the written notes of argument , we are of the view that the complainant is a bona fide consumer under the OP being the owner in respect of plot no.277 for 5.625 decimal of land of Mouza - Kismatnaikundi, P.S - Mahisadal, Dist-Purba Medinipur. Furthermore, the Ld counsel on behalf of the Complainant cited a ruling of Hon’ble Calcutta High Court reported in CHN 2010(4)(CAL) 191, wherein the Hon’ble Court has been pleased to observe ”that petitioner, (the complainant therein) has a statutory right to call upon the distribution company to give him electricity, and once the requisite application was filed, the distribution company incurred statutory obligation, to give electricity”. Simply because the complainant is a defendant in a civil suit pending before a civil court that has passed a restraining order against the complainant where the distribution company is not a party, the company cannot say that complainant cannot get electricity in terms of section 43 of the Electricity Act. Taking of electricity will not in any manner change the nature and character of the suit property. As the distribution company is not is not a party to the said Suit. As such we are of this view that, the complainant is entitled to get electricity as it is a right to life as per Article 21 of the Constitution of India. So, the opposite party is directed to effect electricity to the plot of the complainant described in the schedule of the complaint within 45 days from the date of communication of this order.
Thus this point is disposed of in favour of the complainant.
Hence it is,
ORDERED
That the instant case is allowed on contest against the opposite party .The op is directed to effect electric connection to the dwelling house of the complainant as already applied for with police help if necessary, within 45 days from the date of communication of this order, failing which the complainant will be at liberty to execute the said order in accordance with law. In case the op fails to comply with the said order within the stipulated period, he shall be liable to pay a fine @ Rs 100/- per diem from the day of passing of this order till compliance. Considering the facts and circumstances of the case, the parties do bear their own cost.
S.S. Ali A.K. Bhattacharyya
Member President
