C.E.S.C. Limited vs ANATH BANDHU LAHA

THIS appeal is directed against the judgment passed by the District Forum, Kolkata, Unit-II on 17.3.2003. The Forum directed the O.P.-C.E.S.C. to provide electricity to the complainant either D.C. or AC upon compliance of necessary formalities in his tenanted portion for domestic purpose within two months from the date of communication of the order. The Forum also directed the complainant to ensure free access to the men of the O.P. at the time of giving new separate electric connection/meter as prayed for by him.

BRIEFLY the case of the complainant is that being a lawful tenant the complainant applied for new electric connection for domestic purpose to the O.P-C.E.S.C. Ltd. and also promised to pay the necessary charges as per the rule of the C.E.S.C. The O.P. informed him by issuing a letter about outstanding dues amounting to Rs. 3,475/- relating to the premises and he paid the entire amount. But thereafter his prayer for installation of new meter was regretted by the O.P. and hence this case. After hearing both the parties the Forum passed the above mentioned order.

Being dissatisfied with the above order the appellant-W.B.S.E.B. has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the company clearly stated in the w/o that the entire building was catered with D.C. supply and in case of an application for new connection, all consumers should surrender D.C. supply and apply for AC connection failing which the company will not be able to provide electricity to the new applicant. The order of the Forum in question was not justified in the sense that in one premises in presence of D.C. supply AC supply cannot be given for the reason that giving such a supply is tantamount to second service in one premises. Moreover, it is not technically feasible and possible for the company to supply any new D.C. connection since the apparatus relating to D.C. supply are obsolete and not available with the company. According to the appellant the judgment passed by the Forum below is not proper and liable to be set aside.

PERUSING all the documents it is noticed by us that the present respondent being a lawful tenant of the premises applied for a new separate electric meter in his name and paid the entire outstanding dues, which was lying in the name of another consumer of that premises as per the advice of the C.E.S.C. But his prayer was regretted by the C.E.S.C. on the ground that all the occupants of that building are enjoying D.C. metered supply and that C.E.S.C. is not willing to process AC supply in favour of the respondent, unless all the existing D.C. supplies are changed over to AC. In this respect we think that after receiving the application of the respondent for installation of new meter, when the C.E.S.C. asked him to settle the outstanding dues of another consumer, it was well within its knowledge that the building was served by DC supply and the C.E.S.C. did not disclose its inability for giving either AC or D.C. supply. The appellant failed to show us any Act or Rules framed under an Act in support of its connection. Moreover the respondent had no specific choice regarding AC or D.C. connection; he applied only for a separate meter in his name. As electricity is an essential service, it cannot be denied to a citizen. In our opinion after hearing both sides elaborately, the Forum below has passed a well-reasoned order. As we are at one with the views of the Forum, we need not elaborate our observations again. In our opinion the Forum has rightly directed the C.E.S.C. to give either D.C. or AC supply to the respondent/complainant. Accordingly we are not inclined to interfere with it and the judgment will remain unaltered. We affirm the judgment passed by the Forum below and dismiss the appeal. Hence it is ordered that the appeal is dismissed ex parte however without any cost and the judgment passed by the Forum below is affirmed. The appellant shall instal the new meter either D.C. or AC in the name of the respondent within 15 (fifteen) days after completion of all formalities by the respondent, according to the Electricity Act, failing which the respondent shall be at liberty to get the desired relief by putting the order in execution.

THE appeal is thus disposed of. A copy of this order is to be sent to the respondent immediately. Appeal disposed of.