No. 3/01.04.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Bhrigunath Yadav, the Ld. Advocate and Respondent through Mr. S. Nayak, the Ld. Advocate along with Mr. Aloke Mukhopadhyay, the Ld. Advocate are present.

This appeal is directed by the Complainant against judgement and order dated 11.08.2010 passed by the District Forum Unit – II thereby disposing of the complaint.  The above complaint was filed by the Complainant by alleging that a commercial meter in the premises in question stood in the name of the Complainant and he was paying the bills regularly.  In January 2009 the said electric meter was transferred suo moto by the O.P. – C.E.S.C. Ltd. in the name of Raja Katra Babsayee Samity without any intimation to the Complainant.

The records show that the above complaint case was filed by the Complainant against the C.E.S.C. Ltd. only without impleading the said Raja Katra Babsayee Samity.  Furthermore, it is the specific case of the O.P. – C.E.S.C. Ltd. that initially a block meter was installed on 21.02.2007 in favour of Raja Katra Babsayee Samity for commercial purpose.  But the said meter was transferred in the name of the Complainant sometime in the month of July 2007 without following the procedure prescribed therefor.  As soon as the said irregularity was detected, the C.E.S.C. transferred back the same in the name of the erstwhile consumer Raja Katra Babsayee Samity. 

At the same time it has also been contended that under Clause 19 of W.B.E.R.C. Regulation it is necessary to install a block meter in a congested place like market area in order to avoid fire hazard.  It is not in dispute that the premises in question is being used as a trading centre by large number of traders and is located in a very congested area inhabited by a large number of people.  It is also not in dispute that originally, electric connection in the premises in question had been given through a block meter in the name of Raja Katra Babsayee Samity as consumer.  The Hon’ble High Court in Writ Petition No. 176 of 2009 has also directed the C.E.S.C. to ensure that new electric connection would be made available to the consumers from the block meter installed in the premises in the name of Raja Katra Babsayee Samity.

In view of the aforesaid observation made by the Hon’ble High Court and also regard being had to the fact that the complaint case was filed without impleading the Raja Katra Babsayee Samity as party as well as by considering the technical aspects of the matter that for supply of electricity in a congested area like a market place it should be through a block meter, we do not find any illegality and/or infirmity in the impugned order.  The appeal is accordingly dismissed.