CESC LIMITED Vs. ANJAN DEY

JUDGEMENT

(1.) -Issue to be decided in this case is whether it is technically and legally feasible for the Calcutta Electric Supply Corporation (India) Ltd. (CESC) to give a new connection to the complainant by installing a new meter in the tenanted portion, to run a restaurant. The answer to this question is "Yes". Facts of the case :

(2.) The complainants run a restaurant at Rash Behari Avenue as tenants. The electric power was disconnected to the restaurant on 18.6.1995 at the instance of the landlord, who put a padlock in the meter box.

(3.) The contention raised by the CESC before the District Forum was that they were not disinclined to give the connection and they are obstructed because of the padlock of the meter box. The District Forum directed opposite party CESC to give a new connection to the complainant by installing a new meter preferably in the tenanted portion comprising restaurant, if technically feasible, subject to compliance of the formalities by the complainants within one month. Instead of installing a new meter and supplying the power, CESC filed an appeal before the State Commission.