DATE OF FILING : 14-11-2013. DATE OF S/R : 09-12-2013. DATE OF FINAL ORDER : 26-02-2014. Sri Prosenjit Sur, son of Sraban Kumar Sur, residing at 286, G.T. Road, P.S. Liluah, District – Howrah, PIN – 711204.------------------------------------------------------------------- COMPLAINANT. - Versus - 1. CESC Ltd. having its registered office at CESC House at Chowringhee Square, Kolkata, represented by Senior Commercial Executive, CESC Limited, Howrah Regional Office, at 433/1, G.T. Road ( N ), Howrah – 711 101. 2. Senior Deputy Manager, CESC Ltd., Loss Control Cell, Eastern Building ( 4th floor ), 15/1, Chowringhee Square, Kolkata – 700 069.------------------------------------------------OPPOSITE PARTIES. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) alleging deficiency in service including unfair trade practice U/S 2(1)(g), 2(1)(o) and 2(1) ( r )of the C .P. Act, 1986, wherein the complainant has prayed for passing necessary direction upon the O.Ps. i.e., CESC Authority for restoration of normal power supply which has been disconnected on 30-10-2013 due to non payment of rest portion of final assessment amount as per order of the appellate authority dated 22-07-2002 and other reliefs as he entitled to. 2. The brief facts of the case is that the complainant being an engineer was running a workshop for self-employment( namely mineral water bottling plant ) at 86/2 G.T. Road, P.S. Liluah, Howrah, by consuming electricity through industrial meter under consumer no. 62081082027 as it stated by the complainant. That he used to pay the electric bills regularly so consumed by him and no outstanding dues i.r.o. usual unit consumption is unpaid. The O.P. no. 2 or his representative all on a sudden disconnected the power supply on 30-102-103 which as it is stated illegal, arbitrary and without any valid reason. It is also stated by the complainant that the O.Ps. have no right to claim the outstanding dues of for the year 2001 after a lapse of more than 12 years which is already barred by limitation. 3. Moreover, he contacted with O.Ps. for restoration of normal power supply but in spite of that he refused from the O.Ps. to effect any positive action for reconnect the power supply. Hence the complaint. 4. The O.Ps. vide their written version contended interalia that Shri Prosenjit Sur was registered as consumer bearing no. 62081082027 consumed electricity through meter no. 2348066 ( 3 phase – K ) industrial meter at premises no. 286/2, G.T. R oad, Liluah, Howrah, was indulging in pilferage of electricity by means of tampering the meter body seals was disconnected on 04-06-2001 with lodging of F.I.R. as per provision of Clause no. 29( c ) of General Condition of Supply at that point of time ( before inception of Electricity Act, 2003 ). The complainant paid Rs. 30,030/- against final assessment made by the assessing officer as per statute of Rs. 56,076.93 p. as per order of the Appellate Authority dated 22-07-2002 against the appeal dated 04-04-2002 of the complainant, vide cheque no. 935560 dated 05-04-2002 over to S BI, Liluah Branch, Howrah. This answering O.P. further stated that after having received 50% assessed amount normal power supply was restored on 11-04-2002 at 11-30 hours replacing the old meter no. 2348066 ( 3phase - K) by a new one of meter no. 2325640 in anticipation that the rest portion of assessed amount will be paid in due course. But on the contrary the complainant thereafter filed another Writ Petition before the Hon’ble High Court Calcutta against the order of the appellate authority as per record on 26-08-2002 which is still undecided from the competent court of law. This answering O.P. further stated that the complainant failed to liquidate the outstanding assessed amount of Rs. 28,077/- for which the supply line was further disconnected on 30-10-2013 after serving notice dated 26-08-2013. Moreover, the complainant has not come before the Ld. Forum with clean hands and allegation as made in the complaint petition are false and malafide in nature and liable to be denied and dismissed with exemplary costs. 5. Upon pleadings of both parties points arose for determination : i) Whether the complaint is maintainable before this Forum ? ii) Is there any deficiency in service or unfair trade practice on the part of the O.Ps? ii) Whether the complainant is entitled to get any relief and compensation as prayed for? DECISION WITH REASONS : 6. All the points are taken up together for consideration. It is admitted facts that the previously the power supply of the complainant / consumer has been disconnected due to pilferage of electricity on 04-06-2001 on record and assessment made by the assessing officer U/S 126 of the Electricity Act, 2003 against the offence committed U/S 135 to 140 of the Electricity Act, 2003 ( as enforced ) was within the knowledge of the complainant as he ( complainant ) paid 50% of the final assessment amount against order of the Appellate Authority on 05-04-2002 vide cheque no. 935560 and subsequently filed a further writ petition before the Hon’ble High on the dated 26-08-2002 against the order of the appellate authority. 7. The O.Ps. on the other hand kept mum after realizing the 50% of the assessed amount which compelled him to reconnect the power supply Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 391 of 2013 ( HDF 391 of 2013 ) be allowed on contest with costs against o.ps. The O.P. no. 1 be directed to The O.P. no. 1 is further directed to The O.P. no. 1 do pay a sum of Rs. /- as compensation for the mental pain, agony and prolonged harassment. The complainant is further entitled to litigation costs of Rs /- from the O.Ps. The complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. | 
