BIMAL ROY S/O LATE MANINDRA KUMAR ROY, R/O AT 1/K, B.K. PAUL LANE KOLKATA Vs. DISTRICT ENGINEER, CESC LTD. NORTHAN DISTRICT, NORTH REGIONAL OFFICE AT 226A, & B, A.P.C. ROAD, KOLKATA

JUDGEMENT

(1.) The petitioner is the occupant of a portion of house No.1K, B.K. Paul Lane, Kolkata. He applied for grant of a separate electric connection for domestic use in the aforesaid house. The said electricity connection, however, was not installed. Being aggrieved, he approached the concerned District Forum by way of a complaint, impleading the licensee CESC Ltd. and his brothers, namely, Sri Gopal Roy and Sri Nirmal Roy as the opposite parties.

(2.) The District Forum vide its order dated 17.4.2014 dismissed the complaint. Being aggrieved, he approached the concerned State Commission by way of an appeal. The said appeal having been dismissed vide impugned order dated 19.2.2016, he is before this Commission by way of this revision petition.

(3.) Admittedly, the house in which the petitioner/complainant and his brothers are residing was owned by their mother. The case of the respondent No.2 is that house was gifted to him by their mother. The said gift has been challenged by the petitioner/complainant before a Civil Court and the said suit is still pending adjudication. In case the gift is declared to be invalid, the petitioner/complainant will be treated as a co-owner of the property along with the other legal heirs of his mother. In case the said gift is upheld, he would not be a co-owner of the house in which electric connection is sought by him.