DATE OF FILING : 13/10/2014
DATE OF S/R : 29/12/2014
DATE OF FINAL ORDER : 13/10/2015
SMT. SOMA ASH
W/O Sri Pradip Ash,
Vill Makardah, P.S.Domjur,
Howrah 711 409………………………………………………….. COMPLAINANT.
1. West Bengal State Electricity Distribution Co. Ltd.
Salap, P.S.-Domjur,
Howrah-711 409.
2. Asst. Engineer and Station Manager
WBSEDCL,
Salap, P.S. Domjur,
Howrah 711 409.
3. Smt. Rupali Nath
W/o Tapan Nath,
Vill Makardah(Benerjole),
P.S. Domjur,
Howrah 711 409.
4. Sukumar Chakraborty
S/O Late Jatindra Nath Chakraborty,
Vill Makardah, P.S.-Domjur,
Howrah 711 409
5. Palash Chakraborty
S/O- Panchu Chakraborty,
Vill- Makardah, P.S.-Domjur,
Dist - Howrah-711 409,……………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Smt. Soma Ash, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for direction to be given upon the o.p. nos. 1 & 2, WBSEDCL, to effect electric connection at the schedule premises and to give a direction upon the o.p. nos. 3 to 5 not to create any disturbance at the time of effecting service connection and also to pay Rs. 50,000/- as compensation along with other relief or reliefs.
- The brief facts of the case of the complainant is that she is the absolute owner of the property where she applied for electricity before the o.p. nos. 1 & 2, WBSEDCL, in 2013 vide application no. 1001635875 through common passage. In that connection, she deposited security deposit along with the earnest money on 24.01.2014. But when the men of o.p. nos. 1 & 2 visited the spot for inspection then the o.p. nos. 3 to 5 created obstruction. The o.p. nos. 1 & 2, WBSEDCL, were ready to give electric connection but they did not do so. Without electricity complainant has been facing tremendous problem. Again o.p. nos. 1 & 2 visited the spot on 25.8.2014 but due to lack of free access they returned without doing anything. Being frustrated and finding no other alternative complainant filed this instant case with the aforesaid prayers.
- Notices were served. All the o.ps. appeared and filed written version. Accordingly, case was heard on contest.
- O.p. nos. 1 & 2 by filing a written version stated that the complainant has right to take electricity over the common passage. The o.p. nos. 1 & 2 are ready to give electric connection if free access is available.
- O.p. nos. 3 to 5 by filing a written version denied that the complainant has right to take electricity over the common passage. There was a dispute between the complainant and the adjacent neighbours who are o.p. nos. 3 to 5. A Title Suit being no. 211 of 2002 was filed by the o.p. nos. 3 to 5 before the ld. 4th Civil Judge, Howrah, against the complainant over the self same matter and in that title suit an injunction order was passed against the complainant. So the instant complaint be dismissed with heavy costs.
- Upon pleadings of all the parties three points arose for determination :
- Whether the complainant is a consumer ?
- Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the points are taken up together for consideration. It is the specific case of the complainant is that she applied before the WBSEDCL, o.p. nos. 1 & 2, for electricity in her scheduled premises and in that connection she deposited security deposit. So she is a consumer U/S 12 of the C.P. Act, 1986. There is no difficulty in effecting the new connection. It seems the District Engineer failed to monitor the case in true spirit of the scheme. But due to objection raised by the o.p. nos. 3 to 5, the same could not be executed. Mere pendency of a title suit cannot debar the complainant from enjoying the electricity. Electricity is an emergency service. Light is off, life is off. In this modern age, without electricity modern life is simply unthinkable. The objection raised by the o.p. nos. 3 to 5 is nothing but a measure to deprive the complainant from electricity. As a public utility organization, it is the sole discretion of o.p. nos. 1 & 2 to provide electric connection to its consumers from the nearest pole through common passage. Therefore, we are of the view that the complainant has a genuine demand and in view of the present position as elaborated, her demand requires to be fulfilled.
All the points are accordingly disposed of.
In the result, the application succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 547 of 2014 ( HDF 547 of 2014 ) be and the same is allowed on contest against the o.ps. without costs.
The O.P. nos. 1 & 2, WBSEDCL Authority, are directed to provide new service connection after conducting site inspection and realizing requisite charges, if require, within 45 days from the date of this order giving top most priority.
The o.p. nos. 3 to 5 are hereby restrained from causing any disturbance at the time of effecting the new service connection at the schedule premises as mentioned in the complaint.
If thereby any resistance is made by anyone including the o.p. nos. 3 to 5 against this new service connection, the o.p. no. 1 & 2, WBSEDCL Authority, shall be at liberty to take necessary assistance or protection from Domjur P.S. The I/C Domjur P.S. who shall be under obligation to provide necessary assistance or protection to the men and officers of the WBSEDCL Authority for providing power supply to the complainant in case of approach made by the WBSEDCL Authority.
No costs and compensation for litigation are awarded.
The complainant is at liberty to put the order into execution after expiry of the appeal period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( A.K. Pathak )
Member, C.D.R.F., Howrah.
