Judgment:
Debasis Bhattacharya, Member.
This revision is directed against the order dated 06.03.2013 passed by the Ld. District Forum, Unit “ I, Kolkata in Case No. 414/2012.
By the impugned order, Ld. District Forum has directed the OC, Ekbalpur P.S. to deploy adequate police force at the time of installation of new meter to the Complainant thereof.
Being aggrieved by and dissatisfied with the same, this revision has been made by one Mir Abdul Kalam, who though is not a party to the complaint case but still an aggrieved person by the said impugned order, for which revision before this Commission has been admitted and registered.
It is to be considered if there is any irregularity and illegality in the impugned order so as to reverse the same, or not.
DECISION WITH REASONS :
Ld. Advocate for the Revisionist has submitted that the Complainant has stated that she is a tenant in the case property. But, in fact, she is no one but the daughter of Sultana Afroz, and she has no stake in the property. It is wrong for her to claim tenancy under her mother. So, she should not have been granted with any interim order as made by the Ld. District Forum.
Ld. Advocate for the O.P. No. 1 has submitted that there has been a previous order vide No. 04 dated 02.11.2012 by which the Ld. District Forum has allowed the prayer of the Complainant for installation of meter in the concerned premises by the C.E.S.C. Since C.E.S.C. failed to comply the same, there has occasioned the present order by the Ld. District Forum which has been impugned. There has been Title Suit No. 2725/2009 before the Ld. Civil Judge (Junior Division), 6th Court, Alipore by the present Revisionist against said Sultna Afroz along with her two sisters and there has been an application under Order 7, Rule 11 CPC for rejection of the plaint, which being rejected, Civil Revision being C.O. No. 3979/2012 was made before the Honble Calcutta High Court by said Sultana Afroz and two others against said Mir Abdul Kalam and another, Md. Suraj being proforma Defendant/Proforma O.P. The C.E.S.C. inspected the premises and the occupation of the Complainant was verified, but still the electricity connection could not be effected due to resistance by the present Revisionist.
Ld. Advocate for the O.P. No. 2 has submitted that it is a private dispute between two parties and the C.E.S.C. has no concern in the matter. The only difficulty for the C.E.S.C. is to get free way leave to install the meter and the connection. It is also submitted by him that by the said interim order, the original claim of the Complainant has been granted by the Ld. District Forum.
It is found and considered that for the extreme urgency of electricity of the Complainant, Ld. District Forum has initially allowed the prayer of the Complainant by directing the O.P. “ C.E.S.C. to install a new meter extending electricity in the house of the Complainant provisionally since electricity is a bare necessity, particularly in the context of the facts and circumstances disclosed and further that it is made without prejudice to the rights and contentions of the parties, as per order No. 04 dated 02.11.2012, copy of which is filed by the O.P. No. 1. In any case, without the Complainant being an occupier of the premises, she may not ask for electricity connection in such premises. Her status as an occupier is rather established in so far as Section 43 of the Electricity Act is concerned. So, as the previous order to install meter to the Complainant could not be complied by the O.P. “ C.E.S.C., the present impugned order has been passed by the Ld. District Forum. No kind of any irregularity or illegality is manifest in the impugned order. The Ld. District Forum is well within its right to pass such interim order as is just and proper in the facts and circumstances of the case, as per Section 13(3B) of the Consumer Protection Act. There is nothing to disturb and interfere in it. Accordingly, the same should sustain.
Hence, ordered, that the revision be and same is dismissed on contest but without cost. The impugned order is hereby confirmed.