Consumer Complaint No.10 of 2016
Date of filing: 21.01.2016 Date of disposal: 31.8.2016
Complainant: Sachin Biswas, S/o. Late Surendra Nath Biswas, Village: Madhuban, PO. & PS: Kalna, District: Burdwan.
-V E R S U S-
Opposite Party: 1. West Bengal State Electricity Distribution Co. Ltd., Kalna Group electric Supply, Kalna, PS: Kalna, District: Burdwan, represented by its Station Manager, PIN – 713 409.
2. West Bengal State Electricity Distribution Co. Ltd., having its Divisional Office at Burdwan Urban Division, Frazer Avenue, Power House, Burdwan, PIN – 713 101, represented by its Divisional Manager.
Present: Hon’ble President: Sri Asoke Kumar Mandal.
Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Debdas Rudra.
Appeared for the Opposite Party: Ld. Advocate, Biswanath Nag.
J U D G E M E N T
The complainant runs a shop on the purpose of earning his livelihood. The complainant for obtaining a new electric connection in his shop submitted an application form duly filled up along with documents as per the requirements of the OP-1. After receiving the application the OP-1 issued a quotation dated 08.10.2007 in favour of the complainant directed the complainant to pay Rs. 2,126=00 to the OP-1 for obtaining new electric connection. The complainant deposited the quotation amount of Rs. 2,126=00 before the OP-1 on 21.11.2007. But the OP-1 did not give new electric connection to the complainant stating of an objection raised by Anjuman Tahaf Fuje Moszid and Mazar Mozlish Sah (Rah) Committee, Kalna, Dangapara, PO. & PS. Kalna, District: Burdwan against the new electric connection in favour of the complainant. Till the year of 2012 the complainant got no electric connection. In the year 2012 at the request of the OP-1, the complainant again applied before the OP-1 for obtaining new electric connection and submitted an application form duly filled up along with all the documents before the OP-1. After receiving the application form the OP-1 again issued a quotation dated 16.5.2012 in favour of the complainant and the complainant duly paid the said quotation money on 07.6.2012. But the complainant did not obtain any new electric connection in his premises for a long time. But very surprisingly after inspection of the premises of the complainant the OP-1 sent a letter dated 08.5.2014 to the complainant stating that the service connection of the premises of the complainant could not be provided for the reason of “main switch not installed”. Due to this reason the OP-1 could not provide connection at the premises of the complainant within the stipulated period as per procedures – A (2010) and requested the complainant to take necessary action. After installing the main switch in the premises of the complainant he sent a letter dated 29.5.2014 stating that as per their instruction main switch has already been installed in the said premises and also requested the OP-1 to provide the new electric connection in the premises of the complainant as early as possible. The OP-1 received the said letter on 29.5.2014 from the complainant but till date the OP-1 did not provide any electric connection and the complainant has compelled to file this complaint before this ld. Forum for redressal of his grievance. Hence, the case arose.
Notices were served upon the OP-1&2. The OP-1&2 have contested the case by filing conjoint written version. The Ops stated in their written version that a work order dated 09.10.2014 was issued to the M/s. Honest Enterprise vide work order no. 943936 for giving new electric connection to the complainant but the said connection was not effected due to physical objection raised by the Anjuman Tahaf Fuje Moszid and Mazar Mozlish Sah (Rah) Committee, Kalna, Dangapara, PO. & PS. Kalna, District: Burdwan and the complainant was informed by the Ops stating their inability to effectness of the said connection on 11.10.2014. After getting a prayer from the complainant the Ops issued a new work order to M/s. Das Company on 10.9.2015 who went to the premises of the intending consumer for effecting the proposed connection but they also failed to do the job due to physical objection raised by the said Committee in presence of the complainant. The Anjuman Tahaf Fuje Moszid and Mazar Mozlish Sah (Rah) Committee, Kalna, Dangapara, PO. & PS. Kalna, District: Burdwan again raised an objection in writing on 10.02.2016 against the proposed new electric connection and the same has also been informed to the complainant vide their letter dated 20.02.2016. Actually the Ops made attempts time and again to effect the proposed connection and as such the Ops have no laches on their part. The Ops referred the provisions of Section 42(5) and Section 42(6) of the Electricity Act, 2003 “An appropriate forum has been created for redressal of the grievance of the consumer or intending consumer, so in view of those Sections if there is any grievance with regard to distribution/supply of electricity or its payment that should be ventilated before the Regulatory Commission or Ombudsman. The Hon’ble Supreme Court has held in the judgment reported in (200&0 8 (SCC) page 381 that as an appropriate forum has been created in view of Section 42 (5) & 42 (6) of the Electricity Act, 2003 the Hon’ble Court has no need to interfere with the case where disputes related to electricity supply and electricity bill raised therefrom.
It may be mentioned here that the records showing that the complainant had made an amendment petition on 21.6.2016 for substitution of party but the complainant did not move the amendment petition. So at this juncture it has got no merit at all.
Decision with reasons:-
Heard both the contesting parties. Perused all the papers submitted by the complainant and the Ops. It is evident from the records that when applied for new electric connection by the complainant in the year 2007 the said connection was not given by the Ops as an objection was raised by the Anjuman Tahaf Fuje Moszid and Mazar Mozlish Sah (Rah) Committee, Kalna but at the time of applying for new electric connection afresh in the year 2012 the Ops did not supply new electric connection at first due to ‘main switch was not installed’, knowing fully well of the ciurcumstances of denial of earlier new electric connectgion for which the complainant applied in the year 2007 i.e. ‘main switch not installed’ was the only reason for not giving new electric connection by the Ops. But yet after installing the main switch in the said premises by the complainant, the Ops did not supply new electric connection fo the complainant. Most surprisingly after a lapse of 1 ½ years after installation of the mnain switch the Ops took the plea of the objection raised by the Anjuman Tahaf Fuje Moszid and Mazar Mozlish Sah (Rah) Committee, Kalna who were the objector at the time of first application for new electric connection in the year 2007.
Section 42 of the electricity Act, 2003 provides ‘duties of distribution licensee and open access.’ Section 43 deals with the ‘duty to supply on request.’ As per section 43 licensees shall on application by the owner or occupier of any premises can supply of electricity to such premises within one month after receipt of the application requiring such supply. Section 163 deals with ‘Power for licensee to enter premises and to remove fittings or other apparatus of licensee.’ “A licensee or any person duly authorized by a licensee may, at any reasonable time, and on informing the occupier of his intention, enter any premises to which electricity is, or has been, supplied by him, of any premises or land, under, over, along, across, in or upon which the electric supply-lines or other works have been lawfully placed by him for the purpose of –
- Inspecting, testing, repairing or altering the electric supply-lines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee; or
- Ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or
- Removing where a supply of electricity is no longer required, or where the licensee is authorized to take away and cut off such supply, any electric supply-lines, meters, fittings, works or apparatus belonging to the licensee.
Furthermore , a licensee or any person authorized as aforesaid may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier, -
- Enter any land or premises referred to in sub-section (1) for any of the purposes mentioned therein;
- Enter any premises to which electricity is to be supplied by him, for the purpose of examining and testing the electric wires fittings, works and apparatus for the use of electricity belonging to the consumer.
The object of Section 163 empowers a licensee to enter any premises to which electricity is or has been supplied by him, to inspect, test, repair or alter the electric supply lines, meters etc., to ascertain the amount of electricity supply or to remove where a supply of electricity is no longer required or where the licensee is authorized to take away and cut off such supply, in electric supply lines, meters etc. belonging to the licensee. That is the licensee to whom the Ops are already been empowered to by this Section i.e. Section 163 to enter the premises of the complainant by any means for effecting any supply of electricity against infringement or physical objection raised by any other person, even by the complainant. But the Ops have failed to implement this power to give new electric connection to the complainant. In the case of Sk. Samsud Doha Vs. West Bengal State Electricity Distribution Co. Ltd. & Ors. In W.P. No. 25482 of 2010 passed on 02.5.2012 by the Hon’ble Justice Joymalya Bagchi, Calcutta High Court stated that the Act of 2003 clearly lays down a scheme wherein it is the duty of the licensee to take out necessary works to ensure that the supply of electricity reaches the doorstep of the applicant. In the event the licensee finds that there are obstructions or difficulties in effecting supply and the applicant is unable to provide way leave, it would be the duty of the licensee to undertake necessary works as provided under Part VIII of the Electricity Act, 2003 read with Rule 3 of the Works of Licensees Rules, 2006 to ensure that such supply is effected. Mere objection of owner/occupier to lay such works on the land cannot be a reason for the licensee to shirk its statutory duty to supply electric energy which is an essential service and an ingredient of the fundamental right to life of an individual in modern-day society. In the event of any objection by a owner or occupier of land over which works are required to be laid is received, the licensee is required to obtain permission from the District Magistrate or the Commissioner of Police or any other Officer authorized by the State Government in that behalf in terms of Rule 3 of the Works of Licensees Rules, 2006.
So the licensee may easily take the help of the police or the administration to enter the premises of the complainant to provide new electric connection. Secondly, the case referred by the Ops i.e. reported in (2000) 8 (SCC) page 381did not oust the jurisdiction of the Consumer forum to adjudicate any case relating to the dispute of electricity. Again as electricity is a fundamental right guaranteed under Article 21 of the Indian Constitution the complainant is entitled to get electricity from the licensee/Ops. Consumer Forum is an alternative machinery to redress any sort of grievance of the consumers save and except barred by the Hon’ble Supreme Court. And lastly, Section 3 of the C.P. Act, 1986 is an Act not in derogation of any other law. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. Accordingly, the case of the complainant succeeds.
Fees paid is correct.
Hence, it is
O r d e r e d
that the complaint is allowed on contest against the Ops without any cost and the complainant is entitled to get new electric connection at his premises and the Ops are directed to provide new electric connection in the premises of the complainant taking appropriate help from other authorities, if required, within 45 days from the date of passing of this order, in default, the complainant will be at liberty to put the award in execution as per provisions of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
(Asoke Kumar Mandal)
Dictated and corrected by me. President
DCDRF, Burdwan
(Pankaj Kumar Sinha)
Member
DCDRF, Burdwan
(Silpi Majumder) (Pankaj Kumar Sinha)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
