When a person applies for a separate electric connection after observing all the formalities, there is no ground for the Electric Company to refuse the same without assigning any ground or reason.

ORDER

S. Coari, Member - The present Appeal has been directed against the judgment dated 1.9.2008 passed by the learned District Consumer Disputes Redressal Forum, Kolkata, Unit-II in Case No. CDF/UNIT-II/C.C. No. 90 of 2008 wherein the learned District Forum allowed the complaint thereby directing the OP-CESC Ltd. to instal a new electric connection to the tenanted premises of the complainant along with payment of compensation to the tune of Rs. 1,000.

2. The case of the complainant before the learned District Forum, in brief, was that the complainant was a tenant in respect of Premises No. 4/2/H/3, Abdul Latif Street, Kolkata-700016 and he applied for a new domestic electric connection to the OP after observing all the formalities therein. The OP after receiving the application of the complainant caused an inspection in respect of the premises of the complainant, but ultimately refused to give connection on the plea that the existing connection is sufficient for the purpose. Thereafter the complainant made correspondences with the OP, but to no avail, which ultimately compelled the complainant to file the complaint case with a prayer for installation of a new meter in his name.

3. The OP contested the case by filing written objection contending inter alia that as the complainant was already enjoying electricity facility from the existing source, question of installation of a new meter in the name of the complainant does not arise at all and that the complaint was liable to be dismissed.

4. The learned District Forum after considering respective parties' case has observed that there was deficiency in service at the instance of the OP by not giving new connection or installing a new meter in the name of the complainant and accordingly allowed the petition of complaint in the manner as discussed above.

5. The only moot question that revolves round the present Appeal is as to whether the learned District Forum was justified in disposing of the case in the manner as discussed above.

Decision with Reasons

6. At the time of advancing his submissions the lerned Advocate for the appellant has submitted before us that in this case the complainant failed to substantiate the case that he was not enjoying any electric facility from the existing source and that question of installing a separate meter in the name of the complainant does not arise. In such circumstances, the Appellant-OP was under no obligation to comply with the request of the complainant as made out in the petition of complaint. While elaborating his submissions the learned Advocate for the appellant has also submitted that from the Inspection Report it has been transpired that the complainant/respondent was in joint possession of a house along with his other relations namely mother and brothers and as there is a pre-existing electric connection in the premises in question, there is no scope of installing a separate meter in favour of the complainant at all. While criticizing the impugned judgment the learned Advocate also submitted that the learned District Forum has failed to appreciate the actual state of affairs and as such arrived at a wrong and improper judgment, which is liable to be dismissed.

7. We have duly considered the submissions put forward by the learned Advocate for the appellant and perused the materials on record including the impugned judgment and find that in this case it is the complainant/respondent's positive case that he applied for a separate connection from the Electric Company after observing all the legal formalities and that it is the specific case of the. complainant that he was not enjoying any electricity in respect of his portion where he is residing and that the denial on the part of the Electric Company was arbitrary and unconstitutional. In this regard, the case of the appellant/O.P. is that as the respondent/complainant was residing jointly with his other relations in the. same premises which is annexed with electric facility, question of ins