No. 7/06.09.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. S. Nayak, the Ld. Advocate along with Mr. Aloke Mukhopadhyay, the Ld. Advocate and Respondent through Mr. R. K. Choumal, the Ld. Advocate are present.

This appeal is by the C.E.S.C. Ltd. against the judgement and order passed by the Forum below thereby allowing the complaint with a direction upon the Appellant – O.P. to give electric connection to the Complainant by installing separate meter after compliance of all formalities by the Complainant within 30 days from the date of making of this order.  The Complainant in his complaint has alleged that he is a tenant under one Keshari Khanna in respect of a room in the 4^th floor of the building at HMC, Premises No. 99, Pilkhana 2^nd Lane, P.S. Golabari, District – Howrah and as such prayed for a separate electric connection in his tenanted premises.  Such separate connection has been denied by him by the Appellant – C.E.S.C. Ltd. only on the ground that he is enjoying electricity through the meter of said Keshari Khanna and as such he is not entitled to a separate electric connection in his tenanted premises.

Most unfortunately in the complaint case before the Forum below the Appellant – C.E.S.C. Ltd. has neither been able to prove on the evidence on record that the Complainant is not a tenant under said Keshari Khanna.  It has also not been established in evidence that the Complainant is enjoying such electricity in his premises as being a family member of said Keshari Khanna without having separate mess from him.  In the absence of such evidence it is clear that the Complainant is living in his premises on the basis of his independent right to occupy the same without having any relationship whatsoever by and between him and said Keshari Khanna.  In these state of affairs we are of the firm view that the Complainant is entitled to a separate electric connection in his separate and independent occupation in the premises as above.  We, therefore, do not find any illegality and/or any merit whatsoever to interfere with the order of the Forum below.  The appeal is accordingly dismissed.