CESC LIMITED Vs. NUNKI DEVI

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by the District Forum, Kolkata Unit -1 on 8.1.2002 in the case No.578/2001, wherein the Forum below has allowed the case on contest without cost and directed the O. P. to instal new AC electric meter in the premises of the complainant without asking for any outstanding dues within three days from the date of service of the copy of the order. The complainant was directed to pay the necessary charges.

(2.) THE facts of the case in a nutshell are stated hereunder : being a tenant the complainant applied for supply of electricity to the O. P. in his tenanted portion by providing separate AC electric meter in her name. The O. P. refused to provide electricity to the complainant on the ground that there were some outstanding dues of previous consumer. The complainant was told that until and unless the outstanding dues are paid the electric connection could not be given. Thereafter, the complainant filed a case before the Forum praying for direction upon the O. P. to give separate electric connection in her name without charging the outstanding dues of the previous consumer.

(3.) BEING dissatisfied with the above order the CESC -appellant has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that the respondent failed to produce any document regarding his status in that premises. It is further submitted by the appellant that as per the I. E. Act the appellant has right to refuse installation of a fresh connection in the same premises until the outstanding dues are liquidated. The appellant's further view is that the respondent also enjoyed energy regularly from the said meter till the disconnection and after disconnection the respondent applied for installation of new AC separate meter in her name. So according to the appellant the present respondent was liable to settle the outstanding dues before installation. According to the appellant the judgment passed by the Forum is not proper, is erroneous and liable to be set aside.