DATE OF FILING : 18-09-2013.
DATE OF S/R : 30-10-2013.
DATE OF FINAL ORDER : 22-09-2014.
Smt. Putul Paul,,
wife of Shri Ashim Paul,
residing at 86/2, and 86 ‘B’ Road, Bbamungachi,
P.S. Liluah, District – Howrah,
PIN – 711106.------------------------------------------------------------------- COMPLAINANT.
- Versus -
1. The Station Manager,
WBSEDCL, having its office at
Balitikuri 33/11, KV. Sub-Stn. Complex, H.I.E. Balitikuri,
P.O. Dasnagar, P.S. Dasnagar,
District – Howrah,
PIN – 711402.
2. Samir Paul,
son of late Sambhu Charan Paul,
residing at 85, ‘B’ Road, Bamungachi, P.S. Liluah,
District – Howrah,
PIN – 711106.------------------------------------------------------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
1. The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) wherein the complainant has prayed for direction to be given upon the O.P. no. 1 to effect new service connection through meter in her name which she has registered before the o.p. no. 1 on l3-06-2013 by depositing of Rs. 200/- as EMD and to restrain the o.p. no. 2 from creating any obstruction to the men and agents of WBSEDCL Authority at the time of effecting the new service connection at 86/1B Road, Bamungachi, P.S . & District – Howrah, together with relief in the nature of compensation and litigation costs as he entitled to.
2. The o.p. no. 1 in his written version admitted receiving the EMD money from the complainant together with other charges including service connection charges and security deposit money towards effecting the proposed new service connection. This answering o.p. no. 1 further stated that the complainant by virtue of a deed of gift are residing in the said property with her husband Sri Ashim Kr. Paul ( herein younger son of deceased Sova Rani Paul (Mitra ) had not annexed and / or produced the documents to show her ownership in respect of the property in spite of the facts that the ownership vested upon Shri A shim Paul herein husband of the complainant ) by virtue of deed of gift and that to several correspondences were made with the complainant which went unheeded by the complainant . they have no objection to effect the separate new service connection if the complainant fulfilling the terms and conditions and requirement as sought for by this answering o.p. no. 1.
3. The o.p. no. 2 in his written version contended interalia that the holding no. ‘86B’ Road where new connection is to be effected by new one was sub-divided in three holdings viz. ‘86B Road’, ‘86/1B Road’ and ‘86/2B Road’ respectively according to partition deed. Moreover the demise of Sandhya Rani Paul on 15-10-1998, her property devolved upon two brothers i.e. , Ashim Paul & Samir Paul and their mother Sova Rani Paul, since deceased and that too one Civil Suit is pending before the ld. 2nd Civil Judge ( Sr. Division ), Howrah, vide T.S. No. 58 of 2005 in respect of the said property and the same is yet to dispose of against positive demarcation under the subject matter of the present property. Under such circumstances the question of effecting separate new service connect ion as well as disconnection of the existing connection as sought for by the complainant is not tenable to the appropriate court of law and the complaint petition filed by the complainant liable to be rejected with costs.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. It is the admitted facts that the complainant Smt. Putul Paul applied before the o.p. no. 1 on 17-05-2002 deposition of EMD money of Rs. 200/- along with deposition of service connection charges and security money on 03-06-2013 for effecting a separate ( new ) service connection in her name, in spite of the facts that there is also one service connection in the name of Sova Rani Paul, since deceased, at present holding 86/1B Road ( old no. 86B Road ) as per record. We have also gone through the deed of gift dated 25-08-2005 followed by execution of registered will dated 22-07-1998 in favour of Shri Ashim Kr. Paul muted in the Howrah Municipal Corporation and the said holding was renumbered as 86/1B Road. Moreover, the o.p. no. 1 vide his memo no. DCCC/NSC 1847 dated 26-09-2013 requested the complainant to submit necessary documents against her occupiership / ownership of the holding no. 86/1B Road as per Clause no. 3.2 of W BSERC/26. But the complainant failed to submit. It is a pertinent point to note that as per Electricity Act, 2003 followed by WBSERC Regulation, one service connection will be permitted to one holding only.
6. As per record it revealed that the complainant have not submitted any documents to prove her ownership of the particular holding no. and that to there exists a connection as stated above. Non compliance of the directives of the licensee as stated above the o.p. no. 1 has miserably failed to provide new service connection where the requisite amount deposited by the complainant.
Under the above circumstances, we have our candid opinion that there is no latches and deficiency in service on the part of the o.p. no. 1 for non effecting the separate service connection for which we are unable to give any relief to the complainant as sought for.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 327 of 2013 ( HDF 327 of 2013 ) be dismissed on contest without costs against o.ps.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
