No. 9/07.06.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Sanjoy Pandit, the Ld. Advocate and Respondents through Mr. S. Nayak, the Ld. Advocate along with Mr. Aloke Mukhopadhyay, the Ld. Advocate are present.  This appeal is by the Complainant against the order of dismissal of the complaint by the Forum below.

 The electric connection in the premises of the Complainant was disconnected by lodging an FIR with the local police station upon allegation that there was theft of electricity by the Complainant.  Upon such disconnection of electricity a provisional assessment was made for unlawful consumption of electricity.  Thereafter in presence of the Complainant a final order of assessment was made by the authority concerned by determining the amount payable by the Complainant for such unlawful consumption of electricity.  Before the said authority the Complainant has not been able to prove that such disconnection was made illegally and/or unlawfully by the Respondent – C.E.S.C. Ltd.  After the aforesaid order of final assessment was made the Complainant without making any deposit of the amount that was determined by the authority concerned filed the complaint case before the Forum below by alleging that such disconnection was made by the C.E.S.C. Ltd by falsely alleging theft of electricity by the Complainant.  The Complainant has miserably failed to prove his case before the Forum below by leading independent evidence whatsoever.  In these circumstances we do not find any illegality and/or infirmity in the impugned order.  The same is therefore, confirmed.  The appeal is accordingly dismissed.