Notice of motion for urgent relief to installed electricity

Below suit i fill in court pls predict shall we get order in favour to restoration electricity supply or suggest what steps we have to take in court to influence our case strongly present. PLAINTIFF MOST HUMBLY STATES AND SUBMITS AS UNDER: 1. The Plaintiff states that the Plaintiff being lawfully allotted and is in absolute and undisturbed possession and occupation of Shop No.2, Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066 and Shop No.11 Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066 allotted under the rehabilitation scheme for Slum Dwellers as hereinafter contained. The said Shops are hereinafter referred to as the SUIT SHOPS for the sake of brevity. 2. The Defendant No.1 is the electricity supplier in the Mumbai Suburban District. The Defendant No.2 is the Builder and Developer who constructed the building under the Slum Rehabilitation Scheme more particularly known as SRA scheme of the State of Maharashtra. The Defendant No.2 now known as Saaga Infra Projects (P) Ltd., is the part of Shubh Enterprises handled the development of the Project. The Defendant No.3 is the Architect appointed by the Defendant No.2 for the re-development of Slum who is responsible to present the building plan and get it approved from the concerned departments till completion of the Project of SRA. 3. The Plaintiff states that prior to the SRA Scheme coming into force, the husband of the Plaintiff was in occupation, possession and use of the shops in the Slum and was enjoying the electricity connections to the shops and was carrying on the business there from. Annexed hereto and marked as Exhibit “A” is the copy of the Electricity bill of the Shop for the consumer No.K14620969 and marked as Exhibit “B” is the copy of Electricity Bill for the Shop for the consumer No.K14620478 both for commercial tariff. 4. The Plaintiff states that the Defendant No.2 took over the project of redevelopment of Slums under the SRA Scheme. The Defendant No.2 on 03.07.2007 agreed by his confirmation letter that all the commercial premises holders/Shop Keepers will be provided commercial establishments facing the main Road, i.e. Appaaheb Siddheye Marg. Annexed hereto and marked as Exhibit “C” is the copy of the said letter of the Defendant No.2 dated 03.07.2007 5. The Plaintiff states that the project was proceeding and on partly completion of the building the Defendant No.2 confirmed allotment of Shop No.2 in the name of husband of the Plaintiff and the possession of the Shop No.2 was given to the Plaintiff. Annexed hereto and marked as Exhibit “D” is copy of the said letter dated 21st December 2009 giving no objection for using the shop. 6. The Plaintiff states that thereafter the Defendant No.2 on completion of the other portion of the building confirmed the allotment of Shop No.11 in the name of Plaintiff addressing her as Mrs. Abhayraj Manikprasad Dubey. Annexed hereto and marked as Exhibit “E” is copy of the said confirmation of allotment dated 2nd July 2012. 7. The Plaintiff states that in the mean time the Defendant No.2 provided temporary arrangements of electricity connection from the SRA buildings since the shop were allotted in the saleable building facing the main Road. The Defendant No.2 assured that the Defendant No.2 was in the process of obtaining permanent electric connections to the Shops and further assured that shortly the Shops of the Plaintiff will have its own electricity meters. The Plaintiff states that inspite of assurances the Defendant No.2 failed to fulfill its obligation in obtaining the electricity connections to the Shops of the Plaintiff. 8. The Plaintiff states that in or about February 2015 the officers of the Defendant No.1 visited the buildings and objected the supply of the electricity to the shops from the meters of the Rehabilitation building’s meters pointing out that the saleable building must have its own meter box and supply cannot be taken from the meter box of adjoining building even though constructed under the same scheme. The Electricity Supply to the Shops of Plaintiff were therefore, disconnected. 9. The Plaintiff states that the temporary arrangements of the Defendant No.2 failed and the electricity connection from the Shops of the Plaintiff was removed. The Plaintiff therefore started following up the matter with the help of her son Jaiprakash Dube with all the concerned departments and learnt that the shops of the Plaintiff were not shown in the approved plan of the saleable buildings since the Defendant No.3 had not adopted steps to get the amended plan approved from the MBC. The plan was required to be amended to include the buildings in which the Suit Shops are situated. The Defendant No.2 was also approached with requests to provide electricity connection to the Plaintiff, but no avail so far. The Plaintiff therefore, caused to send letters to all the concerned authorities seeking redressal of her grievances, but till dated the Plaintiff has received no response from the concerned authorities. Annexed hereto and marked as Exhibit “F” is copy of letter of Plaintiff dated 12.03.2015 with postal slips of dispatch to the concerned authorities. 10. The Plaintiff states that the Plaintiff approached the Defendant No.1 with her application for providing new electricity connections at the shops of the Plaintiff. However the Defendant No.1 refused to provide electric connection to the Plaintiff only on the ground that the approved plan of the building does not show the shops of the Plaintiff and therefore, the connection cannot be provided to the Plaintiff and the Defendant No.3 is also not ready to get the amended plans approved. Annexed hereto and marked as Exhibit “G” is copy of the reply from the Defendant No.1 dated 14.07.2015. 11. The Plaintiff states that the Defendant No.1 is bound to provide electricity connection to any premises described in section 2 (51) of the Electricity Act if an application is made. The Defendant No.1 cannot blindly refuse to provide the connection on flimsy grounds, since the earlier premises in Slum not bearing approved plan was having electricity connection as can be seen from Exhibits “A” and “B” above. 12. The Plaintiff states that she has been deprived of the amenity which the Plaintiff is entitled to and the Defendant No.1 is liable to provide being the service provided in the locality in which the Shops of the Plaintiff are situate and cannot deny the same to the Plaintiff discriminately without any reason. 13. The Plaintiff states that since the Plaintiff peacefully continued to possess and occupy the Suit Shops even from the stage of the old hutment was having electricity connection and was never denied the amenities, the Plaintiff is now made to live in inhuman conditions without electricity in Urban City. The Plaintiff has rights to claim the amenities and to live with dignity and humanly conditions without discrimination and denial of such amenities which are available. 14. The Plaintiff submits that the Defendants No.2 and 3 are also liable to get the plan approved and include the shops of the Plaintiff in the approved plan for the saleable buildings so that the Plaintiff not be deprived of her rights of living with human conditions with dignity and for further obtaining the necessary Occupation Certificate and Property Tex be levied and the Plaintiff and others like her enjoy the property as per the policy of the State of Maharashtra. 15. The Plaintiff states that the Plaintiff is in peaceful possession of the Suit Shops from date of allotment and was provided with temporary arrangements of electricity by the Defendant No.2 so also the Plaintiff’s husband enjoyed electricity connection at the old premises which is now developed and a new building is constructed for better lives of the slum dwellers, therefore, now there is no reason as to why the relief prayed for by the Plaintiff in this Suit not be granted. 16. The Plaintiff states that Plaintiff is entitled for the grant of relief prayed for, for directions to the Defendant No.1 to accept the Application of the Plaintiff and supply of electricity be provided to the Plaintiff at an earliest at Shop No.2, and Shop No.11 being and situate at Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066. It is also in the interest of justice and equity that the Defendant No.2 and 3 be directed to get the building plans amended and approved to include the Suit Shops of the Plaintiff in the records of concerned authorities so that the Plaintiff may live in peace and enjoy the possession of the Suit Shops by granting mandatory and permanent injunction for providing the electric connections at the Suit Shops of the Plaintiff at Shops No.2, and Shop No.11 situated at Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066. 17. The Plaintiff states that Plaintiff has made out a prima facie case for the grant of relief prayed for, that irreparable harm, prejudice and injury shall be caused to the Plaintiffs if the prayers are not granted. On the other hand the Defendants shall not be prejudiced if the prayers are granted, since the Defendants have no rights to withhold the amenities the Plaintiff is entitled to enjoy. 18. The Plaintiff states that the Plaintiff is resident at Mumbai, the Suit Premises is situated at Mumbai, the offices of the Defendants are situate at Mumbai at Boriviali, the entire cause of action has arisen at Borivali, Mumbai. The Hon’ble Court therefore has jurisdiction to entertain and try the present Suit. 19. The Plaintiff states the cause of action has arisen on 14.07.2015 when the Defendant No.1 refused to accept the Application of the Plaintiff for supply of electricity connections at the Suit Shops, the present suit is therefore not barred by the law of limitation. 20. The Plaintiff has not filed any other suit or proceedings relating to the subject matter or the present suit and no other suit is pending before this Hon’ble Court or any other Court of Law between the parties hereto in respect of the Suit Cause of action or similar relief whatsoever as prayed herein. 21. The Plaintiff values the Suit for the purpose of Court fees and jurisdiction at `2,000/- only and has paid the Court Fees of `400/- on this Plaint for the prayers in the Plaint under section 6(iv)(j) of the Bombay Court Fees Act since the present suit is not susceptible to monetary valuation. 22. The Plaintiff has no notice of caveat till date. However the Plaintiff shall serve the Defendant before moving the Hon’ble Court for interim relief. 23. The Plaintiffs state that relief prayed for; is very urgent in nature and there is urgency since the Plaintiff has been deprived of electric connection at the Suit Shops for the refusal of Defendant No.1 to accept the Application of the Plaintiff and the Defendant No.2 not properly getting the plan approved by necessary amendments. 24. The Plaintiffs shall rely upon the documents as list whereof is annexed hereto. The Plaintiff therefore, prays: (a) The Hon’ble Court be pleased to direct the Defendant No.1 to accept the Application of the Plaintiff and connect the supply of electricity at Shops No.2, and Shop No.11 Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066; (b) That the Defendant No.2 be directed to get the building plans amended and approved from the concerned authorities to include the Suit Shops of the Plaintiff at Shops No.2, and Shop No.11 Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066 in the records of concerned authorities; (c) Pending the hearing and final disposal of the Suit the Hon’ble Court be pleased to direct the Defendant No.1 to accept the Application of the Plaintiff and connect the supply of electricity at Shops No.2, and Shop No.11, Ground floor, Shubh Sarita Building, Appasaheb Siddhaye Marg, Shri Krishna Nagar, Borivali (East), Mumbai-400 066; (d) Interim or ad-interim relief in terms of prayer (d) above be granted to the Plaintiff; (e) Cost of the Suit be provided for; (f) Such other and further relief as this Hon’ble Court under the nature and circumstances of the case may deem fit and proper be granted to the Plaintiff. Plaint drawn by: