The fact of the case of the complainant in a nutshell is that the complainant Akbar Ali Sk filed an application being no. 101314458 before the OP no.2 Somrabazar Group Electric Supply, WBSEDCL for effecting power connection in his residential premises. Accordingly the complainant deposited on 20.12.2013 Rs.258/- as security deposit and Rs.200/- as house S.C. charge respectively, thereafter, the complainant completed his electric wiring in his residence in the month of May, 2013. The OPno.2 several times attempted to effect power connection in the residence of the complainant but failed to effect power connection due to unlawful objection of the op no.1 . Lastly on 27.3.2015 the oP no.2 initiated to effect power connection but could not effect power connection and the same has been communicated to this complainant on 27.12.2014 by the oP no.2 Somrabazar Group Electric Supply. Accordingly, the oP no.2 advised your complainant to obtain specific order for power connection from the competent court of law. Hence this complaint.

            Op no.2 contested the case by filing Written version denying inter alia all material allegations. The positive case of the oP no.2 is that after the complainant deposited security deposit and service connection charge several attempts were made to effect NSC but failed due to objection raised by Op no.1. Physical

inspection was made by this Op and it was found that both the petitioner and op nol.1 claim ownership of the land and there is a dispute regarding a common passage within the plot. It was also found that there is no specific demarcation between the dwelling  units of the parties.

            The OP no.1 contested the case by filing Written version denying inter alia all material allegations. The positive case of Op no.1 is that complainant has no right , title, interest, possession over the schedule property at any point of time, the total story is false, fabricated and created for the purpose of above case. Further it is to be stated here that one T.S. has been filed by Daud Rahaman, the father in law of the complainant vide T.S. no.9641 of 2013 pending before the lst Civil Judge, Sr. Division, Hooghly and with a prayer of injunction, the ld. Court has been pleased to pass an order of Status quo passed by the Civil Judge , Sr. Division, Hooghly so this court has no jurisdiction to entertain this petition and complainant has no leg to stand upon and the above. The Op no.1 prays for dismissal of the case.

            Complainant filed original copy of receipt , original copy of tax receipt granted by Jirat Gram Panchayet, letter issued by WBSEDCL to the complainant .

Complainant also filed Affidavit in chief, WNA. Op no.1 filed Evidence in chief and WNA. Op no.2 filed Written version and Written Notes of argument.

POINTS FOR DECISION :

1)Whether the complainant is a consumer ?                                        

2)Whether there is any deficiency in service on the part of the oP ?                                                                                                    

3)Whether the complainant/petitioner is entitled to get relief as prayed for ?

DECISION WITH REASONS : 

             It is admitted fact that the complainant filed application to the Opposite party no.2  for new electric connection in his premises. It is also admitted fact that the complainant deposited requisite fees to the office of the oP no.2 for getting new electric connection in his premises.  It also appears from the averment of the op that they have intention to give connection but due to objection by other cosharer connection was not given.

      It is fact that no one should be allowed to stay in darkness and without electric connection  modern times cannot work even for a moment.  Whatever may be the condition , the petitioner being the occupier of the premises , which has also been admitted by the oP that they went to give connection, is entitled to get connection after fulfilling the requisite condition for new electric connection. 

            So after deliberation of all the material on record and keeping in mind the Govt. policy of giving connection to every premises for getting benefit of electricity and Opposite party shall give connection after taking requisite fees from the complainant.  Even the OP shall effect the connection with the help of the police authority, if any one prevents the employee of the WBSEDCL from discharging their duties in giving electric connection to the premises of the complainant within 3  days after getting the copy of order . Hence it is –

                                                                Ordered

            That the C.C. no.134 of 2015 be and the same is allowed on contest. The OP is directed to give electric connection to the premises of the complainant after taking all requisite fees from the complainant  and if necessary the OP can take        

police help from the local P.S. As the Opposite party is a Govt. Undertaking, so no order of cost of litigation and compensation is passed.

            The Opposite party shall comply the above order within 3 days after taking all requisite fees from the complainant for giving new electric connection.

            Let a copy of this order be made over to the parties free of cost.