IMPORTANT POINT
It is duty of electricity authority to accept application for separate meter.

J. Bag, Ld. Member—The present appeal is directed against the Order dated 30.02.12 passed by the Ld. District Consumer Disputes Redressal Forum, Howrah in C.C. Case No. 54 of 2011 whereby the complaint was allowed with direction upon O.P. Nos. 1 and 2 to provide new electric connection in the name of the Complainant through separate meter at his tenanted premises after necessary inspection within 30 days from the date of the order.

2. The complaint case, in brief, was as follows:

3. The Complainant being a tenant in the premises No. 2/5/11 Badan Roy Lane, Howrah1 under O.P. No.3 , applied to O.P.No.2/Respondent No. 3 for obtaining electric connection through separate meter and deposited service charge, security deposit and earnest money(Rs.1130/-). On 30.06.2011 though the staff of O.P. No.2/Respondent No.3 went to the tenanted premises of the Complainant/Respondent they ‘returned without installing meter and electric installation’ at the tenanted portion, as the O.P. No. 3. objected to the new service connection and accordingly the service connection could not be provided. The Complainant/Respondent on the allegation of deficiency in service on the part of the O.P.s./Respondents filed a complaint before the Ld. Forum below.

4. The complaint was contested by all O.Ps i.e., O.P. Nos. 1 , 2 and 3. O.P. Nos. 1 and 2 submitted that though the Complainant was found to have been entitled to get electricity in his favour, O.P No. 3 and his family members registed the installation of the new meter.

5. O.P. No.3 in his written version contended inter alia that a T.S. No. 169 of 2011 has been filed before the Civil Court , Howrah, to determine the tenancy right of the Complainant and also for temporary injunction against the Complainant from getting new electric meter.

6. While adjudicating the complaint Ld. Forum below relied on Section 43 of the Electricity Act which provides that it is the duty of the electricity authority to accept the application for separate meter. The decision reported in AIR 2011, Supreme Court 2897 was also referred to by the Ld. Forum below. They held that though a Civil Suit filed on 05.12.2011 was pending against the Complainant for determination of the tenancy, that would not be a material fact particularly when the complaint was filed on much earlier date i.e., 20.07.2011. Accordingly, Ld. Forum below took the view that the Complainant has a statutory right to apply for and obtain supply of electricity from O.P. Nos. 1 and 2 who were found to have been agreeable to install a new meter in the tenanted premises of the Complainant/ Respondent if a suitable location for such installation was offered. Ld. Forum decided in favour of the Complainant with the direction upon O.P. Nos. 1 & 2 to provide new electric connection in the name of the Complainant at his tenanted premises and thereby dismissing the case against O.P. No. 3.

7. Being aggrieve by and dissatisfied with the decision of the Ld. Forum below O.P. No. 3 / Appellant has come up before this Commission with the pleading that the Respondent N0.1 is not a bonafide tenant under him and his tenancy right has been challenged by institution of a Title Suit bearing No. 169/2011 which is pending. An order of status quo over the property being granted ,the Respondent No.1 preferred a MISC appeal before the Ld. District Judge and the Misc Appeal was allowed directing the trial court to rehear the injunction application. Thereafter the Appellant field an appeal before the Hon’ble High Court Kolkata. It has also been argued that though the Ld. District Forum referred to a decision reported in AIR 2011 SC 28971 the fact of the said decision is different. The Appellant stated in his submission that as reported in WBLR 2012 Vol No.1 Page 6622, if any proceeding is pending before the Civil Court involving the dispute of complaint case filed before the Consumer Forum, the Complainant is not entitled to get any relief.

8. We have gone through the present appeal tog