A M RAO vs Sanjay Singh

APPELLANT is a landlord of the premises given on rent to respondent-1 Sanjay Singh. Premises consists of 1st floor and 3rd floor. On the allegation that the appellant disconnected the supply, the respondent applied to the BSES for exercitation of new meter and deposited the amount for installation of connection. Besides this connection at 3rd floor he also applied for NX connection at 1st floor. However, respondent-2 declined to sanction the electricity connection. Consequently he filed the instant complaint before the District Forum.

VIDE impugned order dated 22. 8. 2005, the District Forum directed the respondent-2 to install and energise connection No. 501-134335/dl within a period of 30 days and pay a sum of Rs. 2,000 as compensation and Rs. 1,000 as cost of litigation. Since the appellant has a grievance against the order being the landlord of the premises, he has preferred this appeal. In view of the allegations of the respondent-1 that the electricity connection was disconnected by the landlord and the refusal by the respondent-2 in not giving the new connection without NOC from the appellant, the appeal is to be allowed at the outset as the appellant was not impleaded as a party nor was given an opportunity to put up his case as to the disconnection of the electricity from the connection which was in his name.

We are passing this order in view of the arrears of electricity if any, are against the premises and if a tenant runs away, all the arrears are payable by the landlord and, therefore, the person who is actually aggrieved person, was required to be impleaded as a party particularly when the litigation between the landlord and tenant for eviction of the premises is going on.

IN the result, we allow the appeal, set aside the impugned order and send back the matter to the District Forum for permitting the appellant to be impleaded as respondent-3 and giving him an opportunity of being heard. Since it is a matter of exercitation of electricity connection, the District Forum may decide the matter within three months even if it is taken on day-to-day basis. However, it is made clear that the respondent-2 shall energies the connection without sanctioning a new connection in the name of respondent-1 on payment of all the outstanding arrears by respondent-1.

THE parties shall appear before the District Forum on 18. 2. 2008. Bank Guarantee/fdr, if any furnished by the appellant, be returned forthwith. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.