C E S C LTD Vs. UTTAM MONDAL

JUDGEMENT

(1.) Vide order dated 11.9.2001 the Forum directed the present appellant to give new A. C. supply connection to the complainant without charging any outstanding dues of previous consumer. Being aggrieved thereby the CESC has appealed. In support of the appeal the learned Counsel for the appellant submits that the application for new connection was rejected on the ground that the complainant was getting adequate supply from an existing meter. He submits further the D. C. service is existing in the disputed premises which is a very old and dilapidated building and as such it would be hazardous to effect simultaneous A. C. service. He has drawn our attention to the stipulation contained it 3 (A) of the condition of supply to contend that the CESC is the best judge as to whether it would be prudent, safe and in the interest of all the occupiers of the said building whether separate meters could be allowed or not. He submits that since the CESC has rejected the application on technical reason the Forum was not justified in ordering separate A. C. supply to the complainant. He has cited a decision of Hon'ble Court in the case of Analysis Management Private Ltd. and Ors. V/s. CESC Ltd. and Ors. It appears the said decision was rendered on 20.7.1999. On applying the ratio of that decision we are inclined to hold that the CESC was justified in refusing separate A. C. supply to the complainant. In that view of matter the decision of the Forum cannot be sustained. Accordingly the appeal be allowed, the impugned judgment be set aside.