GUPTESWAR NATH MISRA Vs. DULESWARI DEVI

JUDGEMENT

(1.) This appeal is against an order dt.14.10.93 passed by the Calcutta District Forum in a Complaint case filed before the said forum by the respondents. Before the Forum the respondents-complainant alleged that meter No.1161802, Consumer No.5405506001, originally belonged to one Brijnandan Ram, the predecessor of the complainant. After his death, the arrear electric bills could not be paid by the complainants and as a result the electric line was disconnected. The present appellant was licensee under the respondents. It was alleged that the appellant applied for electric connection and the Calcutta Electric Supply Corporation illegally allowed his prayer. The complainant, therefore, prayed for cancellation of the illegal transfer of the meter in the name of the present appellant and also prayed for compensation of Rs.10,000/-. The Learned District Forum on a consideration of the whole case found that although the present appellant was an occupier in the relevant premises, he was only a licensee as he could not prove his tenancy. In the circumstances, the Forum directed to have the transfer in the name of the present appellant cancelled and to restore the supply to the complainants.

(2.) From the evidence, it is found that the present appellant is inoccupation of the premises in question. The complainants' case was that he was a licensee and that his license was revoked. It appears from the documents filed by the parties that there were civil litigations between the parties and that there was once a temporary injunction also in favour of the appellant. The case in connection with which the injunction was issued was ultimately dismissed. The question that requires determination is if the appellant is entitled to retain the electric connection or whether it should be transferred to the respondents as ordered by the Calcutta District Forum. DECISION

(3.) The only point on which the Calcutta District Forum has based its decision is that the present appellant though an occupier is a licensee but not a tenant. The question is if in such circumstances, he is to retain the connection which has already been granted by the C. E. S. C. Ltd.