PER :HON’BLE SAMARESH PRASAD CHOWDHURY, PRESIDING MEMBER

            The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of Opposite Party to impeach the judgement/final order dated 27.07.2018 passed by the District Consumer Disputes Redressal Forum, Kolkata Unit-III (In short, ‘Ld. District Forum’) in Consumer Complaint No.656/2017.  By the impugned order, the Ld. District Forum allowed the complaint lodged by Respondent Sri Amulya Naskar u/s 12 of the Act with the direction upon the appellant/OP to install new electric meter at the tented portion of the complainant at premises No.11/2, Nabalia Para Road within one month from the date of order and to pay litigation cost of Rs.7,500/-.

            The Respondent herein being complainant lodged the complaint before the Ld. District Forum stating that he is a monthly tenant under landlord Sri Bijoy Ghosh in respect of one tiles shed room at premises No.11/2, Nabaliya Para Road, P.S.- Thakurpukur, Kolkata-700008 at a rental of Rs.30/- per month without any electricity  or water supply for long 60 years.  The complainant in order to install the electric connection at his tenanted premises applied to Calcutta Electricity Supply Corporation (C.E.S.C) in the prescribed form by paying Rs.200/- as installation charges but the electric connection has not yet been provided to him.  In this regard, all his persuasions went in vein.  Hence, the respondent approached the Ld. District Forum with prayer for several reliefs, viz.-(a) to install a new domestic connection immediately at the tenanted premises; (b) to pay compensation of Rs.30,000/- for harassment and mental agony; (c) to pay Rs.20,000/- as litigation cost etc.

            The appellant being OP by filing a written version has stated that due to non-availability of the access to the existing meter board of the premises, the new electric meter could not be installed.

            After assessing the materials on record, the Ld. District Forum by the impugned order allowed the complaint with certain directions upon the OP, as indicated above.  To assail the said order, OP has come up in this Commission with the present appeal.

            We have considered the submission made by Mr. Suvendu Das, Ld. Advocate for the appellant and respondent, who appeared in person.

            Having heard both sides and on perusal of the materials on record it would reveal that on 14.01.2015 the respondent had applied for a separate new load of 0.3 KW domestic connection at the existing meter board position at premises No.11/2, Nabaliya Para Road, P.S.- Thakurpukur, Kolkata-700008 vide reference No.MR No.02/00725/15.  Thereafter, the appellant (C.E.S.C Ltd.) carried out an inspection on 16.01.2015.  However, due to strong objection raised by the associates of Sri Bijoy Ghosh (landlord) the inspection could not be done.

            The Ld. District Forum in the impugned order has observed that the respondent/complainant annexed rent control challan for the month of September, 2017 which speaks that Sri Bijoy Ghosh is the landlord of the premises in question.  However, the said Bijoy Ghosh has not