Sri Gobinda  Das,

son of late Sufal  Chandra Das,

Village – Satasi, Dakshinpara, P.O.  G.I.P. Colony,

P.S. Jagacha, District – Howrah,

PIN – 711 112.------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         WBSED Co. Ltd.

having its head office at

Bidyut Bhawan, Salt lake,

Kolkata – 91.

2.         Station Manager,

Customer Care Centre, WBSEDCL, Santragachi,

Howrah – 711104.

3.         Station Manager,

WBSEDCL  Santragachi, C.C.C.,

Office of the S.M.P.O., G.I.P. Colony,

District – Howrah,

PI(N – 711112.

4.         Smt. Sushlin Sapui,

wife of Sri Rabin  Sapui of  Shanpur,

Jolapara, P.S. Dasnagar,

District – Howrah,

PIN – 711105. -----------------------------------------------------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

1.                  The instant case was filed by complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.P. nos. 1 to 3  alleging deficiency in service U/S 2( 1 )( g ) &  2( 1 )( o ) of the C.P. Act, 1986  complainant  prays  for direction upon the O.P. nos. 1 to 3  to provide electric service connection against premises no. 540 ( renumbered as 483) in khatain no. 2633 in mouza Dharsa, P.S. Jagacha,  District – Howrah,  together with compensation and litigation costs in spite of observing the necessary formalities has been deferring the supply of electricity for want of free / easy access to the complainant premises. 

2.                  The brief facts of the case that the complainant applied for effecting

service connection to his schedule premises before the o.p. no. 2 i. e. WBSEDCL Authority having deposited earnest money of Rs. 200/- against application dated 18-03-2013 under Form no. 1001335647 and attempts have been made for carrying out inspection on the dated 25-03-2013  but could not be accelerated due to objection raised by the o.p. no. 4.  Hence the case.

3.                  The o.p. nos. 1 to 3 in their written version contended interalia that at the

time of inspection the o.p. no.  4  raised objection against the proposed service connection and they are supplying  the electricity as per serial and that to the situation at the site is very sensitive. Moreover, they are willing to effect the new service connection if free access is available at the complainant premises.

4.                  The o.p. no. 4 submitted their written version opined  that the case filed b y the

complainant namely  Gobinda Das is absurd, concocted, malafide and baseless and it has been instituted only to have undue gain in his favour by keeping the ld. Forum in dark because3 of the fact that the entire subject matter of the complainant petition is under subjudice before the ld. 6^th civil Judge ( Jr. Division ) Howrah vide  T.S. 806/2012 filed by the o.p. no. 4  and the Hon’ble judge of the said  Forum passed an injunction order dated 12-05-2012  over the premises restrained from executing any transfer deed in respect of the share till 05-07-2012 for which it is humbly prayed to please dismiss / reject the instant complaint case filed by the complainant with exemplary costs.

5.         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      :

6.         Both the points are  taken up together for consideration.      Since the complainant applied for providing new electric connection at his premises and the licensee ( herein WBSEDCL Authority ) made an attempt for site inspection but due to objection raised by the opposite party ( herein o.p. no.4 ) the same could not be achieved.

7.      As the complainant deposited the earnest money of Rs. 200/- to the licensee and

observed necessary technical formalities before the o.p. no. 2 i.e., WBSEDCL Authority  and the o.p. no. 2 is willing to effect the new service connection, the objection raised by o.p. no. 4 cannot stand for effecting the proposed service connection in accordance of provisions of Section 43 of the Electricity Act, 2003, as an occupier of the property on a part thereof, the petitioner has a statutory right to call upon the distribution company  to give him/her electricity, and once the requisite application was filed, the distribution company incurred a statutory obligation, to give him electricity simple because the petitioner is a party to the suits pending before the Civil Court, the private parties are not entitled to say he/she cannot get electricity ( reference case study (2010)(3) WBLR(Cal) 539 before the Hon'ble High  Court. On the plea that the proposed  property is a disputed matter pending before the Civil  Court in spite of the facts that the complainant is residing at the said premises for a couple of years.

 Therefore, we have our considered opinion 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.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 312 of 2013 ( HDF  312 of 2013 )  be  and the same is allowed on contest   against  the O.P. no. 1 to 3 without cost and dismissed against the rest  without cost.  

      The O.P. no. 2 WBSEDCL Authority be directed to effect the new electric service connection in the schedule premises after observing all other technical formalities including site inspection together with realization of service connection charges and security deposit  amount as applicable within 45 days from the date of this order giving top most priority.

      The o.p. no. 4 is hereby restrained from causing any disturbance at the time of effecting the service connection. If there by any resistance by anyone including o.p. no. 4 against such supply of electricity the o.p. no. 2 WBSEDCL  Authority shall be at liberty to take necessary assistance or protection from I/C,  Jagacha Police  Station, Howrah.

      The I/C, P.S. Jagacha. 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 premises in case of approach made by WBSEDCL  Authority.

      No costs both compensation and litigation are awarded.

      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.      

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F.,Howrah.