C.E.S.C. Ltd. vs ANJAN DEY

THIS is an appeal filed by the O.P. against the order dated 9.12.1997 of Calcutta District Forum-I. The facts of the case are briefly stated below :

THE complainants (respondent Nos. 1 and 2) run a restaurant as a tenant under respondent No. 3 (O.P. No. 3 in the Forum). THE electric line supplying power to the restaurant was disconnected at the instance of the landlord (O.P. No. 3) whereafter the complainants prayed for separate connection. However, as the landlord put a padlock in the Meter Box, the connection could not be given. THE appellant is not disinclined to give connection but has been obstructed because of the padlock in the Meter Box. THE Forum ordered that the C.E.S.C. i.e. the present appellant is to give a new connection to the complainants by installing a separate meter in the tenanted portion comprising the restaurant subject to technical feasibility. During the hearing of the appeal, respondent No. 3 i.e. the landlord did not appear. The appellant submits that there is no provision to give two separate supplies in the same premises and in that event separate connection cannot be arranged in the tenanted portion ignoring the obstruction of the landlord.

It is not in dispute that the respondent Nos. 1 and 2 are bona fide tenants and hence they are entitled to get a separate connection in their name. The landlord i.e. respondent No. 3 has not appeared and has not submitted any written version which may show that he is opposed to give a separate connection to the complainants. In case he had any valid objection, he should have appeared and made a submission to that effect. Moreover, as rightly observed by the Forum, supply of electricity to the restaurant is very much necessary.

IN view of what has been stated above we find no irregularity in the impugned order which is hereby affirmed. The C.E.S.C. is directed to give a separate connection to the complainants by installing a new meter in the tenanted portion subject to compliance of the usual formalities by the respondents 1 and 2. O.P. No. 3 (respondent No. 3 in the appeal matter) is directed to extend necessary co-operation in this matter. The appeal be disposed of accordingly. Appeal disposed of.