SUNIL KUMAR PAL Vs. CESC LIMITED

JUDGEMENT

(1.) The present writ petitioner Sri Sunil Kumar Pal has claimed in his application under Article 226 of the Constitution that he purchased a flat from the respondent no. 4 by a registered deed dated 24th August, 2007 and took possession of the said flat being no. A/5/5 (3rd floor) type A Building No. 5, Flat No. 5, G-8 at Baghajatin Housing Complex, Kolkata 700 094. Thereafter, he filed an application for supply of electricity to the said premises before the respondent nos. 1 and 2 and deposited all necessary fees required for the purpose as per their quotation. The respondent no. 2 in their letter dated 25.01.2008 has intimated the petitioner that when their men and agents went to the premises for inspection and installation of the meter they were not given free access to the meter room by the private respondent no. 5 and his men and agents for which they were unable to effect the supply of electricity as prayed for. The respondent no. 5, Secretary, Baitalik Co-operative Housing Society Ltd. has, however, contended in their affidavit-in-opposition that they have not opposed the move. In fact it is a common meter room and as per decision of the KMDA the said cooperative society is now maintaining all the common facilities and common areas which is accessible only to the members of the society. The petitioner has not become a member of the cooperative society though stipulated in the Deed of Transfer as yet. Therefore, he is not entitled to avail himself of the common meter room for the supply of electricity as claimed.

(2.) Having heard learned advocates for both the parties and after perusal of all the materials on record, I find that in the information brochure for induction of bona fide purchaser including non-resident Indian citizen (Annexure R - 5/3 to the AO filed by the respondent no. 5) it appears that under the head ELIGIBILITY the following provision has been made: ii) The CMDA may, at its discretion, relax any of these conditions in suitable cases without assigning any reason.

(3.) They have also identified the common areas and facilities and stipulated in the brochure that while the individual apartments including all structures, fixtures, installations and facilities will have to be maintained by the respective owners thereof, the main structure, installation, lift, common areas and facilities etc. appertaining to the society will have to be maintained and managed by such cooperative housing society. The CMDA shall have no liability or responsibility for the maintenance and management of the estate including all common areas, structures, fixtures, installation and facilities. It was further clarified that maintenance includes operation, repair and replacement. While assigning the value of the flat they have also annexed the details of the areas and indicated the provision of electrical installation in each type of flat with 5 ampere and 15 ampere plug points.