KRISHNAPADA MONDAL Vs. DURANTA KUMAR MONDAL

JUDGEMENT

(1.) This appeal has been directed against the judgment and Order dated 21.2.2003 passed by the District Consumer Forum, 24-Parganas (South) District, allowing the complaint in CDF Case No.24/2002 on contest with cost of Rs.500/- and with compensation of Rs.1,000/- and directing the O. P. , WBSEB to give electric connection in the house of the complainant and instal a meter within a month from the date of that Order subject to observance of all formalities as per electricity rules by the complainant (the present respondent No.1 ). It was held by the Forum that there was no need to pass any order against O. P. Nos.3 to 6 (the present appellants) on the reasoning that raising of any objection by some outsiders or cosharers could not be the ground for not providing electricity to the complainant.

(2.) The case of the appellants before the Forum was that the electric line for being given to the complainant's house could not be drawn over their lands under the law as thereby their right, title and interest would be infringed. The O. P.- WBSEB's case was that the electric line could not be drawn due to absence of common passage and due to the resistance given by the O. P. Nos.3 to 7.

(3.) The Forum after hearing all the sides and considering the materials on record passed the above order. Being aggrieved by that order the said O. P. Nos.3 to 7 have preferred this appeal challenging that order as illegal and improper and liable to be set aside.