RITA DAS Vs. SUDHINDRA NATH CHOWDHURY

JUDGEMENT

(1.) The appellant has preferred an appeal against the order and judgment dated 16.2.93 passed by the CDF in CDF Case No.842/92.

(2.) The respondent is a tenant in respect of premises No.51/11/d B. L. Saha Road, Calcutta-700053 under Opposite Party No.2 and he has been paying rent regularly. There was no electricity in his room although he requested the landlord to provide him the electricity. Then he approached CESC for the same. But that was also refused as the landlady No.2 refused to give consent to the application on the ground that she had determined the tenancy of the appellant and she has already filed a Civil Suit for eviction in the Court of Munsiff at Alipore being TS Suit No.437/92. Then he approached CDF for relief.

(3.) The President of the CDF held that he was a statutory tenant and as such he has right to all amenities that a tenant enjoys, and moreover the question of electricity does not depend upon the will of the land lady and under the Electricity Act, consent of the landlady is not necessary. The respondent is a consumer as he will pay consideration for the electricity that will be given to him. Nobody can object to the same. Hence, the President of the CDF ordered the CESC to provide electricity to the complainant respondent immediately upon compliance of all formalities in the matter. We agree with the findings of the Chairman CDF and dismiss the appeal appeal dismissed.