DATE OF FILING : 27-07-2012.
DATE OF S/R : 13-09-2012.
DATE OF FINAL ORDER : 21-11-2012.
Tapan Gonra,
son of late Dulal Gonra
of village and post office – Joargori,
P.S. Uluberia,
District –Howrah---------------------------------------------------- COMPLAINANT.
- Versus -
1. WBSEDCL
Bidyut Bhavan, Salt Lake,
Kolkata – 7000 91.
2. The Station Manager,
WBSEDCL, Birshibpur Group,
P.O. Birshibpur, P.S. ;Uluberia,
District – Howrah.
3. Kanchan Gonra,
son of late Shyam Charan Gonra,
of village – Abhirampur, P.S. Uluberia,
District – Howrah.
4. Kanan Gonra,
son of late Shyam Charan Gonra
of village and p.o. Joargori, P.S. Uluberia,
District – Howrah.------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. 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, a B.P.L. card holder, a daily labourer prays for direction upon the O.P. nos. 1 & 2 to provide electric supply together with compensation and litigation costs as the o.p. nos. 1 & 2 in spite of observing the necessary formalities by the complainant has been deferring the supply of electricity for lack of materials. Hence the case.
2. The o.p. nos. 1 & 2 in their written version contended interalia that at the
time of inspection the o.p. nos. 3 & 4 raised objection against the proposed service and they are supplying the electricity as per serial ; that the situation at the site is very sensitive ; that they are ready and willing to effect electric connection at the premises of the complainant with police help.
3. 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 :
4. Both the points are taken up together for consideration. Since the
complainant belongs to BPL category and the o.p. nos. 1 & 2 are willing to supply the electric connection, the objection raised by o.p. nos. 3 & 4 cannot stand in the of effecting electric connection. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law 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. 82 of 2012 ( HDF 82 of 2012 ) be and the same is allowed on contest against the o.p. nos. 1 & 2 and dismissed ex parte without cost against the rest.
The O.P. nos. 1 & 2, WBSEDCL Authority be directed to provide supply of electricity in the residence of the complainant within 30 days from the date of this order giving top most priority.
The o.p. nos. 3 & 4 are hereby restrained from causing any disturbance at the time of effecting the service connection.
If there by any resistance by anyone including the o.p. nos. 3 & 4 against such supply of electricity in the said premises, the o.p. nos. 1 & 2, WBSEDCL Authority shall be at liberty to take necessary assistance or protection from Uluberia P.S. The I/C, Uluberia P.S. shall 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.
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.
