SBHAVANI PRASAD BANERJEE Vs. ARABINDA THAKUR

JUDGEMENT

(1.) The Complainant respondent being a tenant of Opposite Party No.11 at premises 30, Rajendra Banerjee Road, P. S. Behala, Calcutta-34 at monthly rent of Rs.110/-only. He was inducted by the father of the O. P. No.1 and he was enjoying electricity from the meter of the landlord. Present Landlord Opposite Party No.1 with a view to oust the tenant disconnected the supply of electricity on 13.5.92. Although the Complainant respondent lodged a diary, no action was taken by the Police. He wanted to install new meter but the landlord refused to give consent. The case of the Opposite Party No.1 is that he had supplied electricity from his own electric meter to the complainant but the tenant neither paid his rent from Jan. '87 and proportionate electricity charges was due since 1987. So he stopped the electricity of the complainant. The Calcutta Citizen Forum held a meeting to settle up the dispute between landlord and tenant on 25.8.91 and the tenant agreed to vacate the flat under the tenancy agreement. The complainant respondent had to pay proportionate electricity charges to the landlord. The unpaid electricity charges amounted to Rs.14,088.80. Landlord had filed an adjustment suit for eviction of the complainant tenant in which he has prayed for realization of the unpaid rent and electricity charges.

(2.) The tenant is put to great inconveniences for disconnection by the landlord of his electricity supply. The landlord has already claimed unpaid rents and the electricity charges which is subjudice in the Civil Court. He could have as well claimed separate electricity meter before the Civil Court. But as he has not done so even then we do not think that Respondent be debarred from getting electricity as prayed for. Accordingly we order the CESC to supply him a separate meter after observing all formalities ignoring the objection of the landlord and uphold the judgment of the Ld. C. D. F. and dismiss the appeal.

(3.) The Opposite Party landlord shall cooperate with the CESC in this matter.