The fact of the case of the complainant in a nutshell is that the complainant is residing in the above address with his wife. This complainant is a cosharer of the property as per the statement in para 1,2 and 3. In that premises there had been electric connection in the name of Anil Kumar Chatterjee. The said connection was never enjoyed by the petitioner. Now that said connection has been disconnected after the death of Anil Chatterjee , the petitioner has been living there as a lawful owner and occupier. At present there is no electric connection in the premises. The petitioner applied for electric connection before the oP. Inspection was made but Op issued one letter MST3/230 dated 11.5.2017 calling them to pay outstanding dues of Rs.3210/- towards the electric connection which stood in the name of his father. The petitioner also submits that his brother and sister has the right and authority to raise objection. The complainant requested the Op to give connection but Op did not allow the prayer of giving connection. Hence, this case.

            The Opposite party contested the case denying inter alia all material allegations. Op in his written version only demanded the outstanding dues from this complainant and the Op is agreeing to give electric connection after getting Rs.9,200/- (para 20 of WV). It is also stated that other inhabitants raised objection

in effecting connection as per prayer of the complainant (para 23 of WV). So, the Op states on the above circumstances, they were unable to effect connection.

            Complainant filed photo copy of Voter Identity card, Tax receipt , AAdhar Card, Municipal tax receipt and death certificate of Anil Chatterjee. Complainant has also filed Affidavit in chief and BNA. Op on the other filed Written version and Evidence in chief and BNA.  

POINTS FOR DECISION :

1)Whether the complainant is a consumer ?                                        

2)Whether there is any deficiency in service on the part of the oP ?                                                                                                    

3)Whether the complainant/petitioner is entitled to get relief as prayed for ?

DECISION WITH REASONS :  

            It is admitted fact that the complainant filed application to the Opposite party for new electric connection in his premises. The previous connection was in the name of Anil Kumar Chatterjee. It is alleges and stated by the complainant that , after death of his father the said connection was enjoyed Saibal Chatterjee and Sukla Mukherjee and this complainant never enjoyed the connection. It also appears from the averment of the op that they have intention to give connection but due to objection by other cosharer connection was not given.

      It is fact that no one should be allowed to stay in darkness and without electric connection modern times cannot work even for a moment. It is further case of the complainant in para 5 that after death of Anil Chaterjee , this petitioner came

into the premises. Against this point there is no reliable evidence that during the life time of Anil Chatterjee this complainant lived in the premises wherein the dispute is raising with their connection and against this point the oP did not raise any objection. Whatever may be the condition , the petitioner being the occupier of the premises , which has also been admitted by the oP that they went to give connection, is entitled to get connection after fulfilling the requisite condition for new electric connection. 

            So after deliberation of all the material on record and keeping in mind the Govt. policy of giving connection to every premises for getting benefit of electricity and Opposite party shall give connection after taking requisite fees from the complainant.  Even the OP shall effect the connection with the help of the police authority, if any one prevents the employee of the WBSEDCL from discharging their duties in giving electric connection to the premises of the complainant within 3  days after getting the copy of order . Hence it is –

                                                            Ordered

            That the C.C. no.137 of 2017 be and the same is allowed on contest. The OP is directed to give electric connection to the premises of the complainant after taking all requisite fees from the complainant  and if necessary the OP can take        

police help from the local P.S. As the Opposite party is a Govt. Undertaking, so no order of cost of litigation and compensation is passed.

            The Opposite party shall comply the above order within 3 days after taking all requisite fees from the complainant for giving new electric connection.

            Let a copy of this order be made over to the parties free of cost.