TUMPA GANGULLY Vs. C E S C LTD

JUDGEMENT

(1.) THE present Appeal has been directed against the judgement and order dated 28.11.2008 passed by the South 24 Parganas District Consumer Forum in C.C.No. 26 of 2007, wherein the learned District Forum dismissed the complaint on contest against the OP Nos. 1, 2 and 11 and exparte against the rest without cost.

(2.) THE appellant/complainant's case before the learned District Forum, in brief, was that the purchaser -in -interest of the complainant was a tenant in respect of a premises under one Braja Gopal Pal. After demise of the complainant's father the complainant and her mother are occupying the premises as tenant and depositing rents before the Civil Court in pursuance of a civil litigation pending between the parties. The complainant was enjoying electric facilities in their tenanted portion, but the OP/CESC Ltd. did not provide new meter and electric connection to the complainant and hence, the petition of complaint was filed.

(3.) THE OP Nos. 1 and 2 contested the case by filing written objection contending inter alia that the existing meter is sufficient enough in capacity to meet the requirement of the complainant and as there is no available space in the existing meter board to place a new meter, there was no scope for fixing up a new meter and giving line to the complainant from that meter and that the petition of complaint was liable to be dismissed.