PANCHAYATI AKHARA NIRMLA Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner in this batch of revision petitions is owner and landlord of certain premises under the tenancy of third respondent, in each petition. Petitioner was not party in the complaint filed by the third respondent-complainant in the District Forum. His complaint was against the respondent Nos. 1 and 2 respectively, Punjab State Electricity Board and the Sub-Divisional Officer of the Punjab State Electricity Board for grant of electric motor connection when requisite fee was deposited by him with the respondent Nos. 1 and 2. Complaint of the third respondent was allowed by the District Forum by order dated 27.11.2001 and direction was issued to the respondents 1 and 2 herein for release of electric connection to the complainant as applied by him within a period of one month from the date of receipt of the copy of the order, if he fulfils all other requirements. Respondent Nos. 1 and 2 were also burdened with costs of Rs. 250/-.

(2.) It is now the petitioner who felt aggrieved and filed appeal against the aforesaid orders of the District Forum to the State Commission alleging that the order of the District Forum was not correct in the absence of owner being party to the complaint. Along with the appeal, petitioner filed applications, (i) for grant of leave to file appeal; (ii) for extension of period of limitation; and (iii) for staying the release of connection to the alleged tube-well of the third respondent-complainant. State Commission held that application seeking leave to file appeal was not maintainable and dismissed the same. State Commission held that the appellant being not a party before the District Forum was not competent to file appeal. Result was that other two applications were also dismissed and so also the appeal.

(3.) Aggrieved petitioner has come before us. District Forum referred to instruction No. 23 for grant of electric connection to the tenant in the absence of consent from the landlord. This Instruction No. 23 from the Sales Manual we quote : <DJG>"Grant of electric connection in the absence of consent from the landlord : No separate undertaking/indemnity bond is required where the applicant for an electric connection is unable to obtain written consent of the landlord. 2. Clause 1 of the application and agreement form stipulates that if it has not been possible for a lawful occupier of the premises to obtain consent of the landlord, he should agree to keep indemnified and harmless the supplier against all claims made and actions and proceedings taken by the landlord or a person claiming through or under him by reason of giving the electric connection by the supplier. Note : Those applicants for T/well connections who have taken the land on lease or Patta and are unable to produce Fard of the land in their name may be asked to indemnify the Board by executing an indemnity bond duly stamped of the value of Rs. 15/- against all damages and also submit an attested copy of the lease/Patta of the land in support of their claim."</DJG>