31.03.2015
JAGANNATH BAG, MEMBER
This Revision Petition has been filed against the Orders dated 06.06.13 and 24.06.13 passed by the Ld. District Consumer Disputes Redressal Forum, Birbhum, in DF Case No CC/34/O/12.
The Complainant’s case filed before the Ld. Forum below, in short, was that though she deposited Rs.40,613/-on 06.01.2012 as per quotation issued by the OP/Station Manager WBSEDCL, Mallarpur Group Electric Supply and though she regularly paid electricity bills for temporary electric connection to her submersible pump, permanent electric connection was not given . The Complainant in her complaint petition filed on 14.04.2012 prayed for direction upon the OP/Station Manager, inter alia, ‘ to draw electric line in the SMP of the Complainant after installing transformer and fixing live wire on the overhead line up to her SMP’.
While the complaint case was being proceeded with, the OP/Revisionist herein, disconnected the electricity supply on 05.02.2013 on the ground of alleged theft of electricity and lodged an FIR on 06.2.13 and P.S. Case No. 25/13 dated 06.02.13 was started . Further, final assessment of dues amounting to Rs. 1,70,268/- not being paid, restoration of electric connection was not made.
In their order dt. 06.6.13, Ld. Forum below directed the OP/Revisionist herein to abide by order No. 14 Dated. 04.12.12 which, inter alia, directed the OP ‘to complete service connection with the help of materials for which money has been received from the petitioner (consumer)’. Though the OP/Revisionist was directed to file compliance report by 24.06.13, no compliance was filed on 24.6.12. As such, Ld. Forum below directed OP to show cause as to ‘why W/A will not be issued against him’.
Being aggrieved by the orders of the Ld. Forum below as passed on 06.06.2013 and 24.06.2013, the Revisionist has come up before this Commission with a prayer for direction to set aside the impugned orders.
Ld. Advocate appearing for the Revisionist submitted that a theft case has been lodged with the local Mayureswar Police Station against the Complainant and a final assessment has been made in regard to the theft of electricity involving a sum of Rs. 1,70,268/- but no payment has been made . It was argued that the Hon’ble Supreme Court in their judgment have opined as reported in III (2013) CPJ SC that the complaint against any action under Sections 135 to 140 of the Electricity Act , 2003 is not maintainable before the Consumer Forum. It was further submitted that the Complainant has filed a writ application vide WP No. 12707 (W) of 2013 which is still pending before the Hon’ble High Court. In the said circumstances , the order of the Ld. Forum below directing the OP /Revisionist to show cause as to why warrant of arrest will not be issued is totally illegal. Arrest . No fault on their part has been proved with any evidence . Hence, the impugned orders should be set aside.
Ld. Advocate appearing for the Respondent submitted that the Revisionist should have complied with the direction of the Ld. Forum below as per Order No. 17 dated 12.03.2013. OP had undertaken to report compliance by 10.04.2013 . OP / Revisionist was directed to be present on 28.05.2013 with compliance report. The compliance report not being filed, Ld. Forum below rightly issued direction upon the Revisionist OP to show cause as to why warrant of arrest will not be issued against them.
Decision with Reasons
We have gone through the Revision Petition together with the copies of the petition of complaint , the W.V. of the OP filed before the Ld. Forum below and extracts from the orders of the Ld. Forum below in Case No. 34 / 12 . We have also consulted the LCR requisitioned from the trial Forum.
In the complaint case , the Complainant’s prayer was for installation of transformer for permanent electric connection to her submersible pump for which a sum of Rs. 40,613/- as quoted by the Station Manager, WBSEDCL Mallarpur Group Electric Supply was paid. Temporary connection was given to the SMP of the Complainant and such connection was effected with the use of bamboo poles and cable wire which was found to be dangerous. A permanent connection was prayed for, which the OP /Revisionist neglected to comply with . Ld. Forum below having considered the materials on record directed to install a transformer for effecting permanent electric connection to the SMP of the Complainant. The OP/Revisionist raised the point of non-payment of an assessed amount of Rs.1,70,268/- . Ld. Forum below by their order which is interim in nature directed the OP / Revisionist to install the permanent connection irrespective of payment of the outstanding dues claimed by the service provider.
It appears from Order No. 18 dated 10.04.2013, as perused from LCR, that the OP /Revisionist installed a new transformer but service connection was not given. On 06.06.2013, Ld. Forum below cautioned that if service connection was not given within 15 days , punitive steps could be taken. There being no compliance report on 24.06.2013 , Ld. Forum below directed the OP / Revisionist herein to show cause as to why warrant of arrest will not be issued against him.
The point is that the complaint case has not been finally heard with evidence from either side in respect of their own support and the OP / Revisionist is found to have been present on scheduled dates. Inspite of the attendance of the OP before the Ld. Forum below, why the question of warrant of arrest arose is not clear . In fact, the direction of the Ld. Forum below suffers from lack of cogent reason for issuing warrant of arrest. Had there been any cause of non-appearance of the OP before the Ld. Forum below in defiance of its order, such direction might have been justified for the purpose of ensuring attendance and defense in support of its acts of omission or commission. In the present case, the situation is not akin to that position. We are inclined to hold that the Revision Petition has merit that can not be ignored. At the same time, however, the act of the Revisionist after filing of the complaint case before the Ld. Forum below in disconnecting the temporary connection on the basis of alleged theft of electricity does not appear to be sustainable. Accordingly, the Revision Petition may be allowed in part. Hence,
Ordered
that the Revision Petition be partly allowed by expunging the direction of the Ld. Forum below upon the OP/Revisionist to show cause as to why warrant of arrest will not be issued against them , but the direction of the Ld. Forum below upon the OP / Revisionist to effect service connection through the new transformer stands unchanged. There shall be no order as to costs.
Let a copy of this order be sent to the Ld. Forum together with the LCR.
