DATE OF FILING : 18-09-2013.
DATE OF S/R : 30-10-2013.
DATE OF FINAL ORDER : 22-09-2014.
Sri Ashim Paul,
son of late Sambhu Charan 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 his name together with disconnection of the existing connection standing in name of Sandhya Rani Mitra, since deceased 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 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 stated that the complainant already paid the service connection charges and security deposit money on 24-06-2013 and complied with all other formalities and they have no objection to effect the new service connection if free access is provided.
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. Since the complainant being a lawful occupier is suffered for want of electricity and the o.p. no. 1 is willing to effect the new service connection maintaining all technical formalities together with deposition of necessary quotational amount, the objection raised by o.p. no. 2 cannot sustain at this critical juncture as per Electricity Act ( 36 of 2003 ), Ss 43, 176, 67 – Works of Licensee Rules ( 2006 ) which runs as under :
“Persons in settled possession of property be it trespasser, unauthorized encroacher squatter of any premises, can apply for supply electricity without consent of co-sharer – Is entitled to get electricity and enjoy same by due process of law.” [ Reference W.B. no. 423 of 2010, dated 11-02-2011 before the Hon’ble High Court registered AIR 2011 Cal P-64 ].
6. From the above we have our considered opinion that under Electricity Act,
2003, occupier has a statutory right, and licensee as distribution company has a statutory obligation to give electric connection to occupier – Pendency of suit with the other co-sharers with interim injunction against the petitioner, the electric connection cannot change nature and character of the property.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law as elaborated, his demand requires to be fulfilled.
Both the points are accordingly disposed of.
In the result, the complaint succeeds.
Hence,
O R D E R E D
That the C. C. Case No. 325 of 2013 ( HDF 325 of 2013 ) be and the same is allowed on contest against o.p. no. 1 and dismissed against o.p. no. 2 but without cost.
The O.P. No. 1 WBSEDCL Authority be directed to provide new service connection at the schedule premises of the complainant where quotational amount was deposited within 30 days from the date of this order giving top most priority.
The o.p. no. 1 is further directed to disconnect the existing connection in the name of late Sandhya Rani Paul as per WBSERC Regulations against I.D. NO. 132071793.
The O.P. Nos. 2 is hereby restrained from causing any disturbance at the time of effecting the service connection at the schedule premises of the complainant. .
If thereby any resistance by anyone including the o.p. no. 2 against effecting the service connection at the complainant schedule premises, the O.P. No. 1 WBSEDCL Authority shall be at liberty to take necessary assistance or protection from Liluah P.S. The O/C Liluah P.S. shall be under obligation to provide necessary assistance or protection to the men and officer of the O.P. No. 1 WBSEDCL Authority for providing connection at the complainant schedule dag number in case of approach made by the O.P. No. 1 WBSEDCL Authority.
No costs both compensation and litigation are awarded.
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.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
