WBSEB vs MADAN GOPAL SAHA

THIS appeal has arisen out of the judgment passed by the District Forum, Barasat, dated 17.8.2001, wherein the Forum allowing the case in part on contest with cost of Rs. 250/- and directed the O.P. to take immediate positive decision on the complainant''s application dated 28.4.2000 for installation of service connection in the name of the complainant at his rented premises within 10 days from the date of getting of the order subject to compliance with the formalities as per the I.E. Act.

THE brief facts of the complainant''s case are that being a tenant he enjoyed electricity from the landlady''s meter and used to pay the charges to her. But with a view to evict the complainant the landlady stopped payment of energy charges to the WBSEB. For some months the complainant himself paid the charges recorded in the original meter and then filed a title suit against the landlady at the First Court of learned Civil Judge, Junior Division, Barasat for declaration and injunction and for obtaining separate meter. THE learned Civil Judge directed that the complainant might get electric connection subject to payment of dues. According to the complainant he paid his dues and applied to the WBSEB for installation of separate electric connection at the premises of his tenancy and completed all the formalities. But the WBSEB did not instal the electric meter. THE WBSEB has expressed its inability to instal separate meter in the name of the complainant until and unless the entire dues against the meter standing in the name of the husband of the landlady were paid up. THEreafter he filed a case before the Forum praying for direction upon the WBSEB to instal the electric connection in his name at the rented premises of the complainant. Being dissatisfied with the above mentioned order the appellant-WBSEB has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that according to the order of the City Civil Court in Title Suit filed by the complainant, the present Respondent has to pay all arrear dues before getting connection. It is further submitted by the appellant that the order of the Forum in question is wholly without jurisdiction as it did not consider the present position of law that where there is a nexus between the parties in respect of consumption of electricity, the intending consumer is liable to pay the entire outstanding dues before getting a new separate electric connection in his name. According to the complainant the order of the Forum below is erroneous, unjust and liable to be set aside.

Perusing the record we have noticed that the complainant-respondent being a tenant used to consume electricity from the meter of the landlady and paid the charges as per his consumption to the landlady. The electric connection of the landlady was disconnected due to non-payment of bills. The respondent filed a title suit against the landlady at the First Court of learned Civil Judge, Junior Division, Barasat for declaration and injunction and for obtaining separate meter. The learned Civil Judge directed that the complainant-respondent might get electric connection subject to payment of dues. The appellant submits that there is lying a huge amount of outstanding dues against the meter of the landlady, which is in the name of his husband and until and unless the outstanding dues are paid the appellant is unable to instal new electric connection in the name of the respondent. We find much substance in the contention advanced by the appellant and are of the opinion that it is the settled principle that where there is a nexus between the two parties (herein landlady-tenant) in respect of consumption of electrical energy and if there is any outstanding dues in that meter, which was duly used by the intending consumer, the intending consumer has to pay the entire outstanding dues before getting a new and separate electric meter in his name.

HENCE, it is ordered that if the present respondent is interested to get electric connection in his name he shall pay the entire outstanding dues which are lying in the name of the husband of the landlady. The respondent shall comply with all the formalities as per the Indian Electricity Act. In regard to payment of cost of Rs. 250/- as awarded by the Forum below we are of the opinion that as there was a clear nexus between them and a huge outstanding dues were lying in respect of the meter which was used by the present respondent, the WBSEB was unable to instal a new separate meter in his name. So there was no deficiency in service on the part of the appellant and we are inclined to set aside the cost, which was imposed by the Forum. Therefore, the appeal is allowed on contest and the judgment passed by the Forum below is set aside. The appeal is disposed of accordingly. Appeal allowed.