DATE OF FILING : 26-03-2012.
DATE OF S/R : 26-04-2012.
DATE OF FINAL ORDER : 16-08-2012.
Smt. Kamalsewari Singh,
w/o. Late Nowal Singh,
residing at 12, Nutanpara Road,
P.O. and P.S. Liluah, near Nutanpara Shiv Mandir,
District –Howrah--------------------------------------------------------------- COMPLAINANT.
- Versus -
1. The West Bengal State Electricity Distribution Company Ltd.,
a statutory body having its registered office at Bidyut Bhaban,
Block ‘DJ’ Sector – 2, Biddhdannagar,
Kolkata – 700091.
2. The Station Manager,
Bhattanagar Group Supply office of WBSEDCL,
having its office at Bhattanagar, P.S. Liluah,
District – Howrah,
PIN – 711204.
3. Sri Batoo Singh,
residing at 12, Natunpara Road ( Patuapara ),
P.O. and P.S. Liluah, District – Howrah,
PIN – 711204.
4. Sri Dipak Chowdhury,
son of Sri Ashok Chowdhury,
residing at 9/13, Natunpara Road ( Patuapara ),
P.O. and P.S. Liluah,
District – Howrah,
PIN – 711204. -----------------------------------------------------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
- The instant case was filed by 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 direction upon the O.Ps. WBSEDCL for supplying new electric service at his tenanted premises together with other reliefs as the O.P. nos. 1 & 2 did not take any positive step against O.P. nos. 3 & 4 who raised objection against installation of new meter.
- The O.P. nos. 1 & 2, WBSEDCL in their written version stated that during
inspection the complainant failed to locate the place of installation of the meter and the O.P. nos. 3 & 4 raised objection thereto.
3. The O.P. nos. 3 did not file any written version but filed a petition on 26-04-2012 with the prayer for expunging the name of O.P. no. 3 Batoo Singh as he sold the property to one Raj Kapoor Bhartia.
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 as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. On perusal of the documents and enclosures filed it is palpable that the complainant is a tenant with respect to premises no. 12, Nutanpara Road, P.O. & P.S. Liluah, Howrah. The present position of law is in favour of installation of new meter even in the name of the tenant notwithstanding any objection put forward by the landlord. It further appears that the O.P. nos. 1 & 2 are willing to install new meter in the name of the complainant after observing necessary formalities.
In the circumstances we are of the view that this is a fit case for granting relief to the complainant. Both the points are accordingly disposed of.
Points under consideration are accordingly decided.
Hence,
O R D E R E D
That the C. C. Case No. 27 of 2012 ( HDF 27 of 2012 ) be allowed on contest against the O.P. nos. 1 & 2 but without cost and dismissed ex parte against O.P. nos. 3 & 4 without cost.
The O.P. nos. 1 & 2 WBSEDCL Authority be directed to supply electricity to the complainant in the premises of 12, Nutanpara, P.O. & P.S. Liluah, Howrah, through a separate meter by following necessary formalities as expeditiously as possible, preferably within 30 days from the date of this order. If there be any resistance by anyone including the o.p. nos. 3 & 4 against such supply of electricity in the said premises, WBSEDCL Authority will be at liberty to take necessary assistance, or protection from Liluah P.S. The I/C, Liluah P.S. will be under obligation to provide necessary assistance or protection to the men and officers of the WBSEDCL Authority for providing such supply to the complainant in case of approach made by the WBSEDCL Authority.
No order as to costs.
Supply the copies of the order to the parties, as per rule.
