WBSEB vs S.K. MOHIUDDIN AHMED

THIS appeal has arisen out of the judgment passed by the District Forum, Hoogly, on 5.10.2001 in the case No. 110/2001, wherein the Forum below has allowed the case on contest but without cost and directed the O.P. to provide new electric connection to the complainant within 15 days from the date of the order subject to compliance of all necessary formalities as per the I.E. Act in getting electric connection.

THE facts of the complaint are stated hereunder. The complainant applied for new electric connection at his residence to the O.P.-WBSEB on 10.7.1999 and deposited the quotation money on 7.11.2000. But since then he has been providing with new electric connection inspite of communication to the office. Thereafter, he filed a case before the Forum praying for direction upon the O.P. to install new meter in his name at that premises.

Being dissatisfied with the abovementioned order the appellant-WBSEB has preferred the present appeal before this Commission. The learned Counsel for the appellant has submitted that inspite of taking the quotation money the respondent could not be provided with new electric connection as six co-sharers of the said premises had not deposited their dues for consumption of electricity for which their electric line was disconnected on 30.7.2001. It is further submitted by the appellant that the present respondent was one of co-sharers and was using electricity from the connection of the other co-sharers. So until and unless the legal dues for a sum of Rs. 21,367 of the co-sharers of that respective premises are paid the respondent could not be provided with new electric connection. According to the submissions of the appellant the Board has right to refuse installation of fresh connection in a particular premises where a huge amount of outstanding dues in lying. The appellant has prayed for setting aside the impugned judgment passed by the Forum as it is erroneous and unjust.

ON careful perusal of the record and the judgment passed by the Forum below it is noticed by us that the Forum has passed a well reasoned judgment after hearing both sides and with the same we are also at one. The O.P. appellant has failed to prove any nexus between the complainant-respondent and the other defaulters. We have noticed that the present respondent is living in a separate residence and is an occupier of the plot in question having different mess and no connection with the other co-sharers. So he is very much entitled to get separate electric meter in his name at that premises in question. In this context we may refer to a judgment passed by the Hon''ble High Court, Calcutta, reported in 1995 (2) CLJ 168 in the case of Punam Ranga v. CESC Limited, where the High Court has held that an occupier can get supply of electricity from the licensee without the consent of the owner of the premises, but of course the occupier must be a person of lawful occupation of the concerned building. In the present case it is admitted fact that being a lawful occupier of the concerned premises the respondent applied for separate meter in his name and hence he is entitled to get separate meter in his name and in that respect no consent letter from the landlord is necessary. Hence, it is ordered that the appellant shall instal separate new meter in the name of the respondent-complainant subject to compliance of all the formalities as per the I.E. Act. The respondent shall pay the requisite amount (if not paid) as precribed by the appellant for installation of the meter within 15 days of getting copy of this order. The WBSEB is directed to instal the meter within 15 days of the payment by the respondent.

THEREFORE, appeal is dismissed ex parte however without any cost. The jugment passed by the Forum below is hereby affirmed. The appeal is disposed of accordingly. A copy of this order is to be sent to the respondent immediately. Appeal dismissed.