DATE OF FILING : 13-01-2014.
DATE OF S/R : 13-02-2014.
DATE OF FINAL ORDER : 05-09-2014.
Sri Sudip Chatterjee,
son of late Amiya Kumar Chatterjee,
of Ichapur, Sealdanaga ( West ), Chasir Math, P.S. Jagacha,
District – Howrah, and also of Balitikuri, Shibtala, P.S. Dasnagar,
District – Howrah.------------------------------------------------------- COMPLAINANT.
- Versus -
1. West Bengal State Electricity Distribution Company Limited,
Dasnagar Group Electric Supply,
Balitikuri, Howrah.
2. The Station Manager,
West Bengal State Electricity Distribution Company Limited,
Dasnagar Group Electric Supply,
Balitikuri, Howrah. -----------------------------------------------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 wherein the complainant has prayed for direction upon the o.ps. to give industrial electric connection at his premises as mentioned in the schedule and to pay compensation to the tune of Rs. 50,000/- together with other costs as the o.ps. in spite of repeated requests did not install new meter nor did effect new electric connection on the ground of realization of Rs. 2,38,986/- as the outstanding electric charges used by previous consumers M/S. Tarak Nath Bright Bar.
2. The o.p. in their written version contended interalia unless the amount of Rs. 2,38,986/- remaining as outstanding dues against M/S. Tarak Nath Bright Bar bearing consumer no. B1 33305 of the said premises is not clear new connection cannot be effected.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.P. ?
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. The plea of the o.ps. that the new connection cannot be effected unless the complainant pays Rs. 2,38,986/- remained unrealized from the meter of one M/S Tarak Nath Bar who allegedly used electricity in the suit dag. This claim by the o.ps. appears to us as bizarre and bogus as the complainant has no nexus with the previous user. He became owner of the said property by way of purchase and shifted his sole business under the name and style M/S New Ramkrishna Rading Co. having proper trade licence, tax bills etc. This business is the only source of income of his family.
5. If the previous consumer had left keeping the bills unpaid, the o.ps. have remedy in the provision of Section 170 of The Electricity Act, 2003. They cannot deprive the complainant from the benefit of new connection which is essential for the maintenance of his livelihood. He is ready to pay the requisite charges.
6. We are, therefore, of the view that this is a fit case where the prayer of the complainant shall be allowed. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 15 of 2014 ( HDF 15 of 2014 ) be and the same is allowed on contest but in view of the circumstances without costs.
The O.Ps. be directed to effect Industrial Electric Connection to the premises as mentioned in the schedule within 30 days from the date of this order after receiving the requisite charges.
No order as to compensation.
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.
( T.K. Bhattacharya )
President, C.D.R.F., Howrah.
