W.B.S.E.B. vs ARVIND KUMAR SAH

THIS appeal has arisen out of the judgment passed by the District Forum, 24-Parganas (South), dated 13.9.2002, wherein the Forum allowed the case on contest against the O.P-1 and ex parte against the O.P-2 without any cost. The O.P-2 was directed to give a separate connection to the complainant upon his application after observing all formalities within 30 days from the date of the order.

THE brief facts of the complainant are that he is a tenant under the O.P-1 paying monthly rent to his landlord (O.P.-1). He used to enjoy electricity from the landlord''s meter, but all on a sudden the landlord disconnected the electric connection of the complainant without showing any reason. THEn the complainant applied for new connection in his name to the W.B.S.E.B. But the landlord was obstructing in installation of the said line. Without electricity the complainant was suffering. THEreafter he filed a case before the Forum praying for direction upon the O.P.-1 either to restore his connection or not to obstruct the W.B.S.E.B.-people. On the other hand he also prayed for to give direction to the O.P-2 to install new electric meter in his name in that premises. Before the Forum the O.P.-1 submitted by filing w/s that he was not at all interested to restore the connection of the complainant and as per the tenancy agreement the O.P.-1 was not liable to give him electricity from his meter and then he was interested in evicting the complainant from his premises. According to the O.P.-2 the application of the complainant for new electric connection could not be entertained by the Board as there was no consent from the O.P.-1 i.e., the landlord of that premises in question.

Being dissatisfied with the abovementioned order the W.B.S.E.B.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the present respondent No. 1 was enjoying electricity from his landlord (respondent No. 2). But due to some unknown reasons the landlord disconnected the supply of electricity. Then being faced with difficulties the respondent No. 1 applied for separate connection to his occupied portion. But the landlord did not give him consent for separate connection in favour of him. It is submitted by the appellant that without getting any document regarding permission of the landlord it is unable to give him connection. But without considering the above facts the Forum has directed the appellant to give connection. According to the appellant the order passed by the Forum below is erroneous, unjust and liable to the set aside.

ON careful perusal of the record we have noticed that the present respondent No. 1 is a lawful tenant under the landlord (respondent No. 2). At first the tenant was enjoying electricity from the landlord. But afterwards the landlord refused to supply him energy and disconnected the electric line. Then the respondent No. 1 applied for a new separate service connection at his tenanted portion to the appellant. But the appellant-W.B.S.E.B. took the plea that the respondent No. 1 did not submit any document regarding way leave permission and on that ground the separate connection was not given 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 landlord. We may refer to another judgment reported in I (2001) CPJ 44, wherein this State Commission has 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 if he can prove himself to be a tenant. According to the Electricity Act it is not possible for the W.B.S.E.B. to instal a separate service connection in his tenanted portion, as second service connection is not permissible according to the Act. Hence, it is ordered that the appellant shall instal a separate meter at the common place for supply of electricity to the respondent No. 1. The respondent No. 1 shall complete all the formalities as per the Electricity Act before installation of the separate meter. The respondent No. 2 shall not raise any objection or create any resistance during installation of the meter. W.B.S.E.B. shall instal new separate meter in the name of the respondent No. 1 within a period of 15 days after completion of all formalities.

THEREFORE, the appeal is dismissed ex parte and the impugned judgment of the Forum below is affirmed subject to certain modifications. A copy of this order is to be sent to the respondent immediately. The appeal is disposed of accordingly. Appeal dismissed.