State Consumer Disputes Redressal Commission
Sri Shyam Sundar Dhal vs Sharada Devi Bubna & Others on 25 February, 2020
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 First Appeal No. A/690/2018 ( Date of Filing : 27 Jul 2018 ) (Arisen out of Order Dated 10/07/2018 in Case No. Complaint Case No. CC/477/2017 of District Kolkata-III(South)) 1. Sri Shyam Sundar Dhal S/o Lt. Hrudananda Dhal, Eating House, 7/1, Burdwan Road, Kolkata - 700 027, P.S. - Alipore. ...........Appellant(s) Versus 1. Sharada Devi Bubna & Others W/o Lt. Sew Kumar Bubna, 7/1, Burdwan Road, Kolkata - 700 027, P.S. - Alipore. 2. Asoke Kr. Bubna S/o Lt. Sew Kr. Bubna, 7/1, Burdwan Road, Kolkata - 700 027, P.S. - Alipore. 3. The District Engineer, CESC Ltd. South West District, P-18, Taratala Road, Kolkata - 700 088. ...........Respondent(s) BEFORE: HON'BLE MR. SAMARESH PRASAD CHOWDHURY PRESIDING MEMBER HON'BLE MRS. Dipa Sen ( Maity ) MEMBER For the Appellant: Mr. Barun Prasad, Mr. S.Bera, Mr. S.Mandal, Advocate For the Respondent: Mrs. P.Ghosh, Mr. Suvendu Das, Ms.S.Shaoo, Ms. Asha Ghosh., Advocate Dated : 25 Feb 2020 Final Order / Judgement PER HON'BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER
The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') is at the behest of the Complainant to impeach the Judgement/Final Order dated 10.07.2018 passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-III (for short, Ld. District Forum) in Consumer Complaint No. 477/2017 whereby the consumer complaint lodged by the Complainant under Section 12 of the Act was dismissed on contest.
The Appellant herein being Complainant lodged the complaint before the Ld. District Forum asserting that he is a bonafide tenant under OP Nos. 1 & 2 and running one business under the name and style "Eating House" for the purpose of his livelihood at Premises No.7/1, Burdwan Road, P.S.- Alipore, Kolkata - 700027. He has applied for installation of electricity connection to the CESC Ltd. (OP No.3). The complainant has made several communications with the OP No.3 for getting the meter connection but on account of obstruction raised by OP Nos. 1 & 2, the OP No.3 did not install the electric meter in his tenanted portion till date. The complainant has stated that he is going on rent before the Rent Controller, Kolkata at Alipore. Hence, the appellant approached the Ld. District Forum with prayer for several reliefs, viz. - (a) to direct the OP No.3 to provide new electric connection and to install the new electric meter in the tenanted premises of complainant; (b) appropriate compensation and (c) costs of litigation.
The Respondent Nos. 1 & 2 being OP nos. 1 & 2 by filing a written version have stated that complainant is a fictitious person and has no right and status over the schedule property. Moreover, the complainant has given vague description of the property of which OP No.1 and other co-owners have been residing since long. The OP Nos. 1 & 2 have further stated that one Sudhakar Dhal was the tenant in respect of one room on the road side measuring about 100 sq. ft. more or less and he died more than two decades ago and his wife Ratani Devi since deceased was staying over one room and they were issueless. The OPs have alleged that the complainant having no right over the alleged Eating House, the complaint should be dismissed.
The Respondent no.3 (CESC Ltd.) by filing a written version has stated that complainant applied for a new meter for 0.50 KW commercial load at the existing meter room of 7/1, Burdwan Road, Alipore, Kolkata - 700027. Upon receipt of such application, they visited at the premises but OP Nos. 1 & 2 denied to carry out the inspection. The OP No.3 has stated that they are ready to supply the electric line to the complainant subject to access and to restrain the OP Nos. 1 & 2 from causing obstruction.
After assessing the materials on record, the Ld. District Forum by the impugned judgement and final order dismissed the complaint with an observation that there is dispute regarding identity of the Complainant.
We have considered the submission advanced by the Ld. Advocates appearing for the Appellant, Respondent Nos. 1 & 2 and Respondent No.3. We have also scrutinised the materials on record.
Needless to say, Section 43 of the Electricity Act, 2003 is the main provision casting an obligation upon every distribution licensee to give supply of electricity to the premises when the application by the owner or occupier of such premises is made and Sub Section (1) of Section 43 of the said Act enjoins upon the distribution licensee to give such supply of electricity to the owner or occupier of the premises, as the case may be, within one month after receipt of the application requiring such supply. Therefore, the only point has to be looked into whether the Complainant is an occupant of the premises or not. The Ld. District Forum has come to a finding that the Appellant has failed to prove his identity and thereby dismissed the complaint.
In view of the provisions of Section 43 of the Electricity Act, 2003, as an occupier of the property or a part thereof, the complainant has a statutory right to call upon the distribution company (herein CESC Ltd.) to give him/her electricity, and once the requisite application was filed, the distribution company incurred a statutory obligation to give him electricity. A Division Bench of the Calcutta High Court reported in 2000 WBLR (Cal) 533 (Manju Mukul Guha - vs. - Pradip Kumar Mullick & Ors.) has observed that even an injunction order of the Civil Court directing the petitioner not to change the nature and character of the property cannot get in the way of his getting electricity from the distribution company. The landlord has no right to raise objection. It is a statutory right which cannot be curtailed by whim or fancy of a Forum or a Court of Law.
Mr. Barun Prasad, Ld. Advocate for the Appellant has invited our attention to several documents like - copy of Rent Control Challan, copy of Voter's Identity Card, Aadhaar Card and Ration Card of the appellant/complainant which clearly speaks that appellant is a resident of Premises No.7/1, Burdwan Road, Alipore, Kolkata-700027. The Rent Control Challan further speaks that the appellant is going on paying rent at Rs.70/- per month to the landlords i.e. respondent nos. 1 & 2. Therefore, when the respondent nos. 1 & 2 could not impeach the authenticity of VI Card or Aadhaar Card or Ration Card, we are at a loss to understand how the Ld. District Forum has arrived at a conclusion that the complainant has failed to prove his identity as an occupier in respect of the premises in question where the electric connection to be installed.
We must not be obsessed with the proposition of law that a Consumer Forum is meant for disposal of a consumer dispute in a summary way for a limited purpose. It has no bearings with an action of a Civil Court. The right, title, interest or tenancy right would be adjudicated by a competent Civil Court but since statute is of no evil, all the authorities must adhere to the legislative command.
The question came up for consideration before a Full Bench of Calcutta High Court reported in 2011 (2) CHN 768 (Abhimanyu Majumdar -vs. - Superintendent Engineer & Anr.) whether right to have electricity under the ambit of Article 21 of Constitution of India by including such right within the derived right 'right to shelter' under Article 21 of the Constitution of India could be available to trespassers and unauthorised occupier; and, whether right to shelter a derived/emanated fundamental right could be extended to the unauthorised occupants, squatters, encroachers of any land or premises to provide as a consequential relief to supply electricity on breach of statutory provisions under the Electricity Act, 2003 and the Works of Licenses Rules, 2006 as well as on public interest'? and in answering to the question the Hon'ble Court has observed - ".......if the applicant is found to be in settled position of the premises in question, they will be entitled to the enjoyment of the electricity so long they are not dispossessed by due process of law on compliances of all formalities required under the Act".
The facts and circumstances and materials on record indicate that the complainant/appellant is an occupant of a shop room and as such being an occupant he is entitled to electric connection in accordance with legislative mandate as embodied in Section 43 of the Electricity Act, 2003.
For the reasons aforesaid, the appeal is allowed on contest without any order as to costs.
The impugned judgement/final order is hereby set aside.
Consequently, the CC/477/2017 is, thus, allowed.
The Opposite Party No. 3 is directed to install new electric meter in the tenanted portion of the Complainant Sri Shyam Sundar Dhal at Premises No.7/1, Burdwan Road, Alipore, Kolkata-700027 and if so required, with the assistance of Officer-in-Charge of the concerned P.S. within 30 days from the date of the order.
The Opposite Party Nos. 1 & 2 are directed not to obstruct or disturb the men of OP no. 3 (CESC Ltd.) at the time of installation of new electric meter at the premises in the name of the Complainant.
The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-III for information. [HON'BLE MR. SAMARESH PRASAD CHOWDHURY] PRESIDING MEMBER [HON'BLE MRS. Dipa Sen ( Maity )] MEMBER