Premature filing of complaint and lack of deficiency in service can lead to the dismissal of the complaint.

Mr. S. Majumder, Member—This appeal has arisen out of judgment passed by the District Forum, Howrah, on 3.5.1999 in the case No. 97/1998, wherein the Forum below has allowed the case on contest without cost and directed the O.P. CESC to instal electric meter at the premises of the complainant within three days by taking connection from the existing service line of the premises. The complainant was directed to pay the amount of the M.A. bill and security deposit as per the I.E. Act, and within three weeks from the date of compliance with all formalities the CESC would instal separate meter in his name without asking any outstanding dues of the previous consumer.

2. The brief facts of the case of the complainant before the Forum were that the complainant was a tenant of particular premises. He made an application to the O.P./CESC Ltd. for installation of a new service connection for domestic purpose at his tenanted premises. The O.P. inspected the site but thereafter the CESC did not instal the separate meter. He made several correspondences with the O.P. but to no effect. Then the complainant filed the case before the Forum, seeking a direction upon the O.P/CESC to provide a separate meter in his favour without further delay.

3. Being dissatisfied with that order the O.P./CESC (appellant herein) has preferred this appeal before this Commission. The learned Counsel for the appellant submits that after receiving the application for a separate meter from the respondent he was advised through a letter dated 9.1.1998 to obtain commercial clearance from the commercial section of the appellant’s office. But he failed to comply with the said formalities. He did not even turn up to the appellant. As a result the respondent’s application has been cancelled. It is also mentioned by the appellant that if there are outstanding dues of the premises in question, it has the right to refuse installation of a fresh connection/meter in that premises until and unless the said dues are cleared by the intending consumer. According to the appellant the order is illegal, erroneous, and unjust and is liable to be set aside.

4. We have perused all the papers and documents filed by both sides and noticed that it is an undisputed fact that the present respondent applied to the CESC for a new electric connection at his tenanted premises. After receiving the said application as per the norms and the usual course of action the appellant sent information to the respondent by issuing a letter dated 9.1.1998 that to approach the Commercial Department at the Regional Office in the Outstanding Section on any working day within four months from the date of the letter to obtain a clearance to the effect that the question of his involvement so far as the outstainding dues are concerned, has been resolved. But, in the absence of any such step taken by the respondent, after four months the application of the respondent would be automatically cancelled. It is also mentioned in the letter that after taking the clearance from the Commercial Department, CESC will proceed in the matter of providing him with electric connection after the completion of all formalities according to the Electricity Act. It is curious enough that why the respondent did not bother to meet the officials of the Outstanding Section as per its letter for discussion regarding outstanding dues within four months and ultimately his application was cancelled by the appellant as per rules.

5. After considering the above facts and circumstances we are of the clear view that the case which was filed by the present respondent was a premature one. We do not find anywhere that the CESC actually claimed the outstanding dues in respect of that premises from the present respondent. Moreover, the appellant did not exactly refuse to provide new electric connection. The appellant requested him to come to its office for discussion within a stipulated period. But the respondent failed to comply with that request wit