HAKIM MAHAMMAD SELIM ASRAFI vs Dilwar Hossain

THIS instant appeal has been directed against the judgment and order dated 28.7.1993 passed in C.D.F. Case No.235 of 1993 by Learned Calcutta District Forum dismissing the complaint petition on the ground that the dispute between the appellant and the respondent is a dispute between Landlord and Tenant.

THE allegation of the appellant/complainant is that inspite of payment of Rs. 40/- per month as electricity charges in addition to monthly rental of Rs. 100/- THE respondent has disconnected his electric line hence the complaint petition was filed by the complainant/ appellant before the Calcutta District Forum and having lost the complaint case before the Forum has preferred this appeal before the Commission. We also hold the same view that this is a dispute between Landlod and Tenant as per ratio in the case of Laxim Sen,Laxmi Chand Shah & Ors. v. Sakerben Kanji Chandan & Ors. reported in I (1992) CPJ 3 (NC) and in the case of Laxmi Singhania v. Rani Devi Lohiya and Another reported in I (1992) CPJ 293 (NC) both being decided by National Commission.

We hold that the facts and circumstances of the present case is to those cases in as much as that the amenity attached to the tenancy have been withdrawn by the landlord and the tenant can seek its relief only before the appropriate forum as per West Bengal Premises Tenancy Act.

HOWEVER had the complainant/appellant would have sought for new connection and/or meter connection in his own name, the Consumer Disputes Redressal Forum could have considered his application for new connection of electricity from CESC in his own name. The appeal is thus disposed affirming the order of the Learned District Forum in C.D.F. Case No.235 of 1993. The parties will bear their respective cost. Appeal dismissed.