DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 494/2018

Date of Filing                  Date of Admission                Date of Disposal

 28.12.2018                                    14.01.2019                           11.06.2024

P R E S E N T                :- Sri. Daman Prosad Biswas……….President.

                                       :- Sri.  Abhijit Basu…………………. Member.

JUDGMENT/FINAL ORDER

          The Complainant filed an application U/s 12 of the Consumer Protection Act, 1986.

          The brief facts of the case is in the year 1985 there were two electric meters in the petitioner’s premises no. 11/1, Naba Abdul Latif Street, Belgharia, Kolkata – 700056 vide meter no. 0839294 and 0844790 in the name of Chittaranjan Biswas father of the Complainant and Kanaklata Biswas mother of the Complainant respectively. In the year 1985 in the month of May, third meter was also provided in the name of the Complainant Chiraranjan Biswas being consumer no. 50243060007 (new). Old No. was 50181074005.

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It is also mentioned that the tenant of the Complainant was used this meter being no. 5024306007(now), 50181074005 (old). The authority of CESC disconnected the said third meter as outstanding dues was Rs. 11,036.77/-. The Complainant claimed that the CESC Ltd. was not issued any Green Bill or any notice for disconnection the same.

The Complainant claimed as per advise of the CESC, he submitted a written consent letter before the CESC authority for disconnection the said third meter being meter on 17/04/1998. The Complainant stated that after settlement with CESC authority (N.S.R.O) the Complainant paid Rs. 7,462/- on 24/12/2007. Thereafter, the Complainant applied for re-connection of the said meter in the year 2011.

After submitting the form for re-connection the O.P issued a letter dated 23/09/2011 vide reference no. NSR/REF/50243060007 advised the Complainant to apply for a new meter. Complainant also filed an application as per their advise and requested the same on several time but in vain. The Complainant also applied on-line for new meter on 10.11.2017 and O.P issued Demand note of Rs. 2,420/- letter dated 15.11.2017 vide Ref No. – 16/1473/17 for new connection but finally rejected.

Compelling circumstances the Complainant filed this complaint before this Commission. This Commission sent notice to the Opposite Parties and Opposite Parties were appeared and filed W/V.  In W/V the Opposite Parties states that the supply was disconnected due to continuous non-payment of electricity bill and the meter was removed there from subsequently. On 05/05/2004 the supply of Chira Ranjan Biswas was disconnected due to non-payment of balance due. Thereafter, a hearing was held in presence of the Complainant in respect of the above issue on 24/12/2007 at North Suburban Regional Office CESC, one settlement was made between the N.S.R and Complainant that Rs. 7,462/- required to payment. Complainant agreed to pay the balance due against Sri Chira Ranjan Biswas of Rs. 7,462/-.The payment was made. In the W/V, the O.P. also stated that the allegations after the lapse of nine years is merely an afterthought and bound by the law of limitation should not be entertained at this stage. After several correspondence on 13/11/2017 the Inspector of CESC went to the premises for inspection.

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On that day during inspection in respect of the case property it was found that the case premises was already provided with electricity and the Complainant has been getting supply from the existing meter.

It is also submitted by the CESC that during recent site verification dated 02/04/2019 it was observed that a single family with a single establishment presently exist there with no vertical separation and the supply of the said establishment is created through the existing meter vide no. 5951079, consumer no. 50243059006 A. C. Hence, the application of the petitioner dated 10/11/2017 was rejected in the terms of clause 14 of the Regulation No. 53 of the West Bengal Electricity Regulatory Commission dated 02/04/2013. Hence, there is no latches on the part of CESC Ltd. towards the petitioner and no deficiency on service on the part of O.P. The Complainant filed evidence and O.P filed questionnaires. Thereafter Complainant filed reply and O.P filed evidence, Complainant filed questionnaires and O.P filed reply and the date was fixed for argument for 15/04/2024. Heard argument of both the parties at a length. Both the parties filed BNA.

Issue framed for the purpose of decision

1. Whether the case is maintainable or not?
2. Whether the complainant is entitled to get relief or reliefs or not?

Reason with Decision

 Considering the facts and circumstances of the case as well as nature and character of the case, all the points are interlinked with each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

We have perused all the photocopy of documents along with supporting affidavit related documents and argument of both the parties.

The case is within territorial and pecuniary jurisdiction of this Commission. Hence, this Commission has ample power to try this case.

The Ld. Advocate for Complainant submits that there were three meters at premises no. 11/1, Nawab Abdul Latif Street, P.O. & P.S. Belgharia, Kol – 56. One of the meter was in the name of Chira Ranjan Biswas and due to non payment of dues from September 1997 to April 1998 the meter was disconnected on 17/04/1998.

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The Complainant also submits that the said meter was used by the tenant of the Complainant. The said meter was disconnected for non-payment of dues in the year 1998. Thereafter, 12^th September, 2011 the Complainant filed an application for reconnection the said meter being no. 085881.

In response of the said letter, the CESC Sr. Commercial Executive Officer replied that “the above supply was disconnected on 17/04/1998 and the said account has been already closed. The supply could not be restored through the said meter. In view of the above we would request you to apply for new meter in the enclosed prescribed format.” Thereafter, Complainant sent a letter through Indian Post to the Assistant Secy. at Nodal Officer for reconnection the old meter or connect a new meter whichever they liked. In response of that letter Jt. Secy. to the Govt. of West Bengal replied that the enclosures speak for itself will be requested to look into the matter with an intimation to the Department as well as to applicant. Thereafter, Assistant Manage (Commercial), North Suburban Regional Office   32, B.T. Road, Kolkata – 700058 replied the letter sent by the Complainant dated 19/12/2012 that “while on this your attention is drawn to the provision of Regulation 36 Item no. No. 4.6.1 of Supply Code 2007, framed by the Ld. West Bengal Electricity Regulatory Commission, whereby it has been mentioned that if the power supply remains disconnected continuously for a period of 180 days and in that event Licensee has the liberty to remove the service line and other installation including meter through which electricity was supplied to a consumer.

In view of the above we would request you to apply afresh for a new meter by submitting the enclosed Annexure A form along with appropriate earnest money.”

Thereafter, several correspondence was made between the parties and on 6^th November, 2017 Assistant Manage (Commercial), North Suburban Regional Office of CESC informed the Complainant that “We acknowledge receipt of your abovementioned letter and in reply, would like to inform you that for the case of making application and bringing necessary transparency, all applications for new connection / meter are being accepted online only, with effect from 1^st August, 2017. In present system there is no provision to accept Earnest Money. Accordingly your abovementioned letter in original together with Demand Draft No. – 635892 of Rs.200/- is returned herewith.”

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As such on 10/11/2017 Chira Ranjan Biswas filed an application for new connection and the Opposite Party fixed a date for inspection on 13/11/2017. On 13/11/2017 Inspector of CESC inspected the spot and reported that the Complainant is using electricity by existing meter at the same premises. The Ld. Advocate for Complainant submits that the date of application for reconnection being harassed by the Opposite Parties for which the allegation may be dealt with deficiency in service and also unfair trade practice as defined in Consumer Protection Act, 1986.

The Ld. Advocate for Complainant prayed for reconnect the meter or install the new meter.

From application of Chira Ranjan Biswas for reconnection, it is found that the disconnection of meter no. 085881-5amp,  consumer no. 50243060007 (new), old No. was 50181074005 was disconnected for non-payment of dues from September 1997 to April 1998 and the meter was disconnected on 17/04/1998.  It is also mentioned that the case is for new connection of meter no. 085881 which was disconnected on 17/04/1998 and the application for reconnection was made on 12^th September 2011 and thereafter the application for new connection on 10/11/2017. It is pertinently mentioned that the Complainant submitted consent letter for disconnection the third meter and the Opposite Party / CESC disconnected the said meter being no. 085881 on 17/04/1998. Thereafter, Complainant filed an application in the year 2011 for reconnection the said meter.

The Advocate for Opposite Parties submits that the reconnection application require to submit within six months from the date of disconnection as per provision of regulation 36 item no. 4.6.1 of supply code 2007 framed by the West Bengal Electricity Regulatory Commission. The said provision provides that if the power supply remains disconnected continuously for a period of 180 days and in that event licensee has the liberty to remove the service line and other installation including meter through which electricity was supplied to the consumer.

In this regard the Advocate for Opposite Parties referred the letter issued by the CESC dated 12/02/2013 which was annexed by P5.

Ld. Advocate for Opposite Party submits that for splitting up the consumed of the meter reading the Complainant filed this application. The Opposite Parties also submit that the petitioner is getting supply from the existing meter.

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As per gazette West Bengal Electricity Regulatory Commission being notification no. 53/WBERC Kolkata 2^nd April, 2013, Regulation No. 14 “If any applicant / intending consumer / consumer submits any application for new connection (s) with the intention of splitting the load to obtain the benefit of lower charges or furnishes wrong / inaccurate / false statements, his application would be liable to be rejected under the provision of the Act, or the regulations made thereunder, and 25% of payments / deposits if already made

by him by way of charges for obtaining new connection in terms of these regulations, shall be forfeited by the distribution licensee before the rest of the charges is refunded to him. While rejecting the application the consumer / intending consumer is to be intimated in writing about the ground for rejection. It will be the onus of the applicant to prove that the application for new connection is not for the purpose of splitting the load. Any dispute in this regard is to be settled in the Office of the Ombudsman.”

The Ld. Advocate for O.P submits that the meter was disconnected in the year 1998 and Complainant prayed for reconnection in the year 2011 i.e. after about 13 years later. But there is a provision that the application for reconnection is required within 180 days from disconnection of meter.

The Ld. Advocate for O.P submits that one line would be provide by CESC in one premises. So, the Complainant would not claim new connection as he is enjoying electricity from existing electric meter at the same premises number.

Complainant admitted in para 6 of BNA that the tenant of Complainant enjoyed the electricity violating the existing rule of CESC. As the meter was in the name of Chira Ranjan Biswas and the tenant of Chira Ranjan Biswas was allowed to enjoy the said electric meter without permission of CESC. As the meter being no. 085881 disconnected on 17/04/1998 with the consent letter of the Complainant and meter removed. The Complainant is not produce such a letter or document that CESC by creating pressure or influence demanded a written consent letter from the Complainant for disconnection.

As the Complainant submitted a letter of consent for disconnection the meter no. 085881. So, there is no connection with the CESC with Chira Ranjan Biswas after disconnected and removed the meter from that premises since 17/04/1998.

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The Complainant cleared all dues on 24/12/2007 as settled in between the parties. The Complainant applied after 13 years from the disconnection of the meter and the CESC replied that the supply could not be restored through the said meter.

We are in view that as per provision of Regulation 36, Item No. 4.6.1 of Supply Code 2007 framed by the West Bengal Electricity Regulatory Commission whereby it has been mentioned that if the power supply remains disconnected continuously for a period of 180 days and in that event licensee has the liberty to remove the service line and other installation including meter through which electricity was supplied to the consumer hence, it is mandatory provision that the consumer always applied for reconnection within 180 days. But the Complainant did not applied within 180 days from the date of disconnection. So the Complainant has no liberty to apply for reconnection after 13 years. As such the CESC was advised the Complainant for applying afresh for a new meter.

In the application of the Complainant it is not mentioned that there is other meters in the same premises and he is using the electricity for long years from that meter. The Complainant is not produced such a document that Complainant has separate entity of said premises and/or the premises were divided in between them. Complainant could not proof his separate entity in the said self same premises being no. 11/1,  Nawab Abdul Latif Street, Post Office and Police Station – Belgharia, Kolkata – 700056. Complainant could not produce any such proof that CESC influenced him to produce and or submit consent letter to disconnect his meter.

We are in view that Complainant did not take any steps within 13 years for reconnect his meter which is negligence on his part and as per Regulation of 36, Item No. 4.6.1 of Supply Code 2007 framed by the Ld. West Bengal Electricity Regulatory Commission, the limitation period was over. The limitation period is 180 days from the date of disconnection.  It is also mentioned that as CESC disconnect the meter on 17/04/1998 and meter removed hence, Complainant is no longer registered consumer of O.P for last 13 years since 1998 to till 2011.

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Thereafter, Complainant filed online application in the year on 10/11/2017 for new connection and the date for inspection was fixed on 13/11/2017 and Inspecting Officer went to the local and inspected the premises. At the time of inspection it was found by the inspecting officer that the case premises was already provided with electricity, Complainant has been getting supply from the existing meter. During verification dated 02/04/2019 it was observed that a single family with a single establishment presently exist there. The Complainant would not file any proof of separate entity in same premises such as, partition deed or gift deed etc. by which it would prove that one separate new meter is require for him.

          We are also in same view that if any application / intending consumer / consumer submits any application for new connection (s) with the intention to splitting the load to obtain the benefit of lower charge. His application would be liable to be rejected under the provision of the West Bengal Electricity Regulatory Commission Act.

          The Complainant is using electricity for long years through existing meter vide no. 5951079, Consumer No. 50243059006 A.C. in the name of Chirantan Biswas. It is also mentioned that the said disconnected meter of the Complainant was not used by him when the meter was exist in that premises. The meter was used by his tenant which is declared by him in his complaint and BNA.

          Considering the above facts and circumstances we are in view that the Complainant has no locus-standi to file this case and Complainant could not prove his case.

          We also observed that in complaint the Complainant prays for install new meter and in Brief Notes of Argument (BNA) Complainant prays for reconnection of petitioner’s previous meter which is self contradictory. The procedure for reconnection and new connection is different which stated earlier. As per discussion made in above, we are in view that the Complainant could not prove his case.

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Hence ,

It is ordered,

That the case being no. C.C./494/2018 be and the same is dismissed on contest against the Opposite Parties without any costs.

Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

Member

Member                                                                                  President