DATE OF FILING : 23.07.2014.
DATE OF S/R : 27.08.2014.
DATE OF FINAL ORDER : 05.08.2015.
Sri Dipankar Koley,
son of late Tarapada Koley,
residing at village Puiliya, P.S. Jagacha,
District Howrah.……………………………………………………… COMPLAINANT.
Versus -
West Bengal State Electricity Distribution Company Limited,
Andul Mouri Group Electric Supply,
P.O. Andul Mouri, P.S. Domjur,
District Howrah,
PIN 711302.
- The Station Manager,
West Bengal State Electricity Distribution Company Limited,
Andul Mouri Group Electric Supply,
P.O. Andul Mouri, P.S. Domjur,
District Howrah,
PIN 711302.
3.(a) Pradip Koley,
(b) Sudip Koley,
( c ) Mani Kolay,
( d ) Tapasi Koley,
(e) . Mahamaya Koley,
- Sri Sanjib Koley,
son of Hari Charan Koley,
- Smt. Sova Koley,
wife of Hari Charan Koley,
all of village Puillya, P.S. Jagacha,
District Howrah,
PIN 711111. ………………………………………..……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
This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Sri Dipankar Koley, against the o.p. nos. 1 & 2, WBSEDCL, Audul Mouri Group Electric Supply, and seven others, praying for a direction upon the o.p. nos. 1 & 2 for rendering electric connection to the petitioner at his premises situated at dag no. 458 under LR khatian no. 234 and also direction upon the o.p. nos. 3 to 5 not to make any obstruction while giving such connection as well as compensation.
The case of the petitioner is that he is a resident in the above mentioned premises as a co-owner and the o.p. nos. 3 to 5 are the co-owners. The petitioner applied for electric connection in his residence and observed all formalities but the electric authority did not proceed further in collusion with o.p. nos. 3 to 5 who also obstructed the o.p. nos. 1 & 2 in drawing the line and enjoyment of electricity by the petitioner. He requested the o.p. nos. 1 & 2 not to disturb installation but they flatly refused and so he filed this case.
The o.p. nos. 1 & 2 contested the case by filing a written version wherein they denied the allegations and submitted that the case is not maintainable and there is no cause of action for the petitioner to file the case. They further submitted that the petitioner applied for electric connection and accordingly spot quotation was issued and he deposited service connection charge and security deposit. While effecting the connection at the premises of petitioner, the o.p. nos. 3 to 5 raised objection resulting they could not install electric connection. They are always ready and willing to effect the connection and thus there is no deficiency in service on their part and they are not liable to pay any compensation.
- The o.p. nos. 3 to 5 contested the case separately stated that there is a partition suit pending amongst the parties and the petitioner has no cause of action to file this case as he has been attempting to take electric connection through the property of the o.p. nos. 3 to 5 and so the case be dismissed against them.
- Upon pleadings of parties the following points arose for determination :
Is the case maintainable in its present form ?
Whether the petitioner has any cause of action to file the case ?
Whether there is any deficiency in service on the part of the O.P. nos. 1 & 2, WBSEDCL Authority . ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience, brevity for discussion and to skip of reiteration. It is the admitted case of the parties that the petitioner applied for new electric connection to his premises situated in L.R. Dag no. 458 wherein besides the petitioner the o.p. nos. 3 to 5 are also co-sharers and partition suit is pending in civil court. It is also the admitted case that the o.p. nos. 1 & 2 offered quotation and petitioner paid the security deposit and other charges and the o.p. nos. 1 & 2 are always ready and willing to give electric connection. They admitted to give such connection but the o.p. nos. 3 to 5 obstructed them and thus they could not connect the line as well as install the meter and thus ld. counsel for the o.p. nos. 1 & 2 submitted that there was no deficiency in service or unfair trade practice on the part of the o.p. nos. 1 & 2.
- In our modern city life, no one can be deprived of water and electric and this petitioner is also entitled to electricity and the other o.ps. who are co-sharers in the property cannot obstruct the service provider in giving electricity connection to the petitioner who are ready to install electricity and meter in the residence of the petitioner. Thus, the law of the land requires the petitioner to get electricity and there is no bar from any corner that he would be deprived of such right to get electricity.
In view of above discussion and findings this Forum finds that the petitioner is entitled to get electricity and the o.p. nos. 1 & 2 are to install electric connection and meter in the residence of the petitioner. Further, they would not pay any compensation to the complainant as they were ready and willing to give such connection and also the o.p. no. 3 to 5 are directed not to obstruct the work of such electric connection.
In view of above the claim case succeeds.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 409 of 2014 ( HDF 409 of 2014 ) be and the same is allowed on contest without costs against all the O.Ps.
The petitioner is entitled to get electric connection to his schedule premises which is situated in LR Dag no. 458 and the o.p. nos. 1 & 2 are directed to install such electric connection and meter in the house of the petitioner and o.p. nos. 3 to 5 are directed not to obstruct such electric connection to the petitioner and compliance of the order be made within 30 days from the date of this order failing the petitioner is at liberty to put the order in execution in view of the findings above.
The prayer for compensation and costs is declined by this Forum.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
