CESC Limited vs GOPI RAM AGARWALLA

THIS appeal has arisen out of the judgment passed by the District Forum, Kolkata, Unit-II, on 29.3.2001 in the Case No. 223/2000, wherein the Forum below has allowed the case on contest without cost against the O.P. and the O.P.-CESC was directed to give new electric connection to the complainant within two months from the date of communication of the order subject to the compliance of all formalities as per the I.E. Act and the complainant was directed to afford free access to the people of the CESC at the time of giving such new connection and also subject to technical feasibility.

THE brief facts of the case of the complainant before the Forum below were that being a bona fide tenant of a particular premises he applied for installation of a new A.C. domestic meter in his name to the O.P.-CESC. THE O.P. informed the complainant by a letter expressing their inability to instal a new meter due to split load. It was further stated by the complainant that he used to pay the house rent to the landlord regularly. He filed the case before the Forum below praying for direction upon the O.P. to give him new A.C. meter in his name. Being dissatisfied with the order the CESC-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the present respondent had no necessity of separate connection as he was enjoying electricity from the meter of his landlord and for this reason his application was regretted by the appellant. According to the appellant the judgment passed by the Forum below was erroneous, unjust and liable to be set aside.

On careful perusal of the records we notice that it is a case of installation of a new meter in favour of the respondent-complainant. It is clear to us that the present respondent is a lawful tenant under the landlord in that premises and is paying house rent regularly to him. In this connection we may refer to a judgment reported in 1995 (2) CLJ 168, the Hon''ble High Court, Kolkata has held that a bona fide occupier or a lawful tenant of a particular premise is entitled to get electricity without taking any consent from his landlady/landlord. We may refer to another judgment of this Commission reported in I (2001) CPJ 44, wherein this State Commission has also held that lawful tenant is entitled to get separate connection in his own name and the consent of the landlord is not necessary. Therefore, the present respondent is entitled to get separate meter in his name.

CONSIDERING the facts and circumstances we are at one with the opinion as taken by the Forum below and there is no reason to interfere in it. Therefore, appeal is dismissed ex parte but however without any cost. The appeal is disposed of accordingly. A copy of this order is to be sent to the respondent immediately. Appeal disposed of.