No. 3/13.12.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Revision Petitioner is present through Ld. Advocate Mr. S. Nayak.  None appears on behalf of the O.P. in spite of service of notice upon him. 

This revisional application is directed against the Order No. 2 dated 24.06.2010 passed by the Forum below in the complaint case.  The above complaint has been filed by the O.P. challenging the electricity bill that has been raised by the Petitioner – C.E.S.C. for the month of May, 2010 on the plea that the same was exorbitantly high as the maximum amount charged earlier for the month of January, 2009 was for Rs.1,220/-.  The Complainant upon filing of the aforesaid complaint made an interlocutory application praying for an interim order by restraining the O.P. – C.E.S.C. Ltd. from disconnecting the supply of electricity to the premises of the Complainant for non-payment of the said amount of Rs.9,580/- as raised by the C.E.S.C. Ltd. for consumption of electricity by the Complainant for the month of May, 2010.  Interestingly, the Forum below has disposed of the said  application on the first date by virtually disposing of the complaint case by directing the officers of the C.E.S.C. to visit the premises of the Complainant and get the said electric meter verified by an competent electrical engineer, Metrological Department, Bengal Engineering College, Shibpur, Howrah positively within 25 days from the date of receipt of this order for which the consumer would bear the testing fees of the electric meter with further direction that upon such verification C.E.S.C. would send a fresh bill to the Complainant for the month of May, 2010 positively within 10 days from the date of inspection and verification of the meter as above.  Meanwhile the Complainant has been permitted not to pay any amount for the said month May, 2010 and thereby leading no scope for deciding the matter on merits upon an opportunity of hearing to the C.E.S.C. Ltd.  We are, therefore, of the view that the District Forum has acted with material irregularity in disposing of the aforesaid interlocutory application filed by the Complainant.

However, regard being had to the facts and circumstances of the case and more particularly by taking note of the fact that for the month January, 2009 the electricity bill was raised for an amount of Rs.1,220/- which was not disputed by the Complainant at any point of time we modify the impugned order by directing that upon payment of Rs.1,500/- by the Complainant against the disputed electricity bill raised by the C.E.S.C. Ltd. for the month of May, 2010 and on condition of payment of subsequent bills that may be raised by the C.E.S.C. Ltd. for consumption of electricity by the Complainant for the subsequent months, electric supply to the premises of the Complainant shall not be disconnected unless a fresh order is made by the Forum below.  If any dispute be raised as to the defects in the electric meter installed in the premises of the Complainant, steps would be taken for verification and/or replacement of the same as per the relevant provision of law.  The aforesaid amount of Rs.1,500/- shall be paid by the Complainant against the disputed bill for the month of May, 2010 by 10 days from the date of communication of this order to the Complainant.  The District Forum will dispose of the complaint case in accordance with law by giving an opportunity to the C.E.S.C. to defend the complaint case.  With this modification of the impugned order dated 24.06.2010 the revisional application shall stand disposed of.