DATE OF FILING : 20-09-2011.
DATE OF S/R : 10-01-2012.
DATE OF FINAL ORDER : 24-09-2012.
Sri Kesto Hazra,
residing at Balitikuri, Naskar Para, No. 1,
Bharat Mata Colony, P.S. Jagacha,
District – Howrah.------------------------------------------------------------- COMPLAINANT.
- Versus -
1. W.B.S.E.D.C.L.
having its office
at Bidyut Bhavan, D.J. Block,
Sector – II, Salt Lake City,
Kolkata – 700091.
2. The Station Manager,
Dasnagar Group Electric Supply, WBSEDCL,
having its office at C.T.I., P.O. Balitikuri, P.S. Jagacha,
District – Howrah,
PIN – 711113.
3. Smt. Malati Mondal,
wife of late Kartick Mondal,
residing at 1, Bharat Mata Colony, P.S. Jagacha,
P.O. Balitikuri,
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.
The instant case was filed by the complainant U/S 12 of the C. P. Act, 1986, as amended against the O.Ps. 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. nos. 1 & 2 for providing new electric service connection to the petitioner at the premises in his occupied portion at Dag no. 3195 of Mouza Balitikuri, P.S. Jagacha, District – Howrah, after complying necessary formalities including order for police help if any obstruction or disturbance is caused by the O.P. no. 3 together with other reliefs.
The complainant applied for new electric connection at his lawful occupied portion at Dag no. 3195 of Mouza Balitikuri, P.S. Jagacha, District – Howrah, on 04-04-2009 after depositing fees of Rs. 500/- as earnest money. Inspection was carried out by WBSEDCL Authority on 14-04-2009 and till that date no positive actions were taken by the said authority in spite of the facts that several persuasions has been made including issuance an advocate letter dated 05-04-2010 duly received by the O.P. no. 1 on 08-04-2010, the O.P. nos. 1 & 2 failed and neglected to provide electric connection under the occupation of the complainant.
The summons has been served upon the O.P. no. 3 and the same returned back by the postal authority for which the case is heard ex parte against O.P. no. 3.
The O.P. nos. 1 & 2, WBSEDCL Authority in filing written version admitted the facts of the prayer for new connection in the payment of necessary initial fees as earnest money, followed by the inspection at the complainant premises on 14-04-2009. The authority concern of WBSEDCL denied all the allegations made by the complainant rather the complainant did not deposit any deed in respect to the premises as sought for vide their letter dated 25-04-2009 for which as a public utility concern this o.ps. bear no malice against any body least the complainant for effecting the electric service connection.
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 as prayed for ?
DECISION WITH REASONS :
Both the points are taken up together for consideration. In view of the submission of the Ld. Lawyer for the O.P. nos. 1 & 2 the parties approached to the WBSEDCL Authority is reflected. They have no objection to effect the service connection in the occupied portion of the complainant if there is no resistance on the part of the 3rd party. The authority ( herein WBSEDCL ) is ready to effect the connection in lawful manner and actual occupied portion. But the fact remains that the complainant does not submit the necessary deed as sought for.
In the result we are of the view that the complainant is entitled to relief as prayed for. The points are accordingly disposed of.
Hence,
O R D E R E D
That C.C. Case No. 72 of 2011 ( HDF 72 of 2011 ) be allowed on contest without costs against the O.P. nos. 1 & 2 and dismissed ex parte against O.P. no. 3 without cost.
The O.P. nos. 1 & 2, WBSEDCL Authority be directed to provide new electric service connection through separate meter after realizing all the costs involved for effecting the connection to the complainant at the premises as mentioned in the schedule within the 30 days from the date of this order.
The O.P. no. 3 is hereby restrained from causing any disturbances during effecting the new electric service connection.
In case of any illegal objection by any person complainant and O.P. nos. 1 & 2 of WBSEDC shall approach to the local police station for help.
No order as to compensation.
The complainant is at liberty to put the decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
