DATE OF FILING                    :           11-09-2012.

DATE OF S/R                         :            08-10-2012.

DATE OF FINAL ORDER       :          28-01-2013.

Sannashi Maity,

son of Biarat Maity,

residing at village – Podrah, P.S. Sankrail,

District –Howrah---------------------------------------------------------------  COMPLAINANT.

Versus   -

1.            District Engineer,

                CESC Ltd., 433/1, G.T. Road ( N ),

                Howrah.

2.            Deputy Manager,

                CESC Ltd., Eastern Building,

                P-15/1, Chowringhee Square,

                Kolkata – 69.--------------------------------------------------------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

The instant case was filed by complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.Ps. CESC Ltd.  alleging deficiency in service U/S 2( 1 )( g ),  2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction upon the O.Ps. CESC Ltd.  for restoration of normal power supply which has been disconnected by the O.Ps. CESC Ltd.  for selling   energy to a disconnected consumer adjacent to the complainant premises.

The brief facts of the  complainant is that the complainant is a bonafide

domestic consumer being consumer no. 68112084015 used to pay the energy bill time to time to the O.Ps. CESC Ltd.  which he consumed energy through meter no. 3627608. The said supply of the complainant has been disconnected on 13-08-2012 on the plea that the complainant supplied / sold electrical energy to his nearby-disconnected consumer.

The O.Ps. CESC Ltd.   stated in their written version that the instant

complaint though paid the necessary energy bill is supplying power to his adjacent disconnected consumer when the power had been disconnected against pilferage of electricity and that to  they ( O.Ps. CESC Ltd.) have   informed to the complainant vide their letter dated 21-06-2012 duly acknowledged with a caution for disconnection of the power supply under consumer no. 68112084015 at the complainant premises. They have also stated that the said premises ( herein complainant ) had been visited by the designated/ authorized officer of CESC Authority on the dated 13-08-2012 between 12-30 hrs.  to 12-50 hrs. and noticed the above anomalies and lodged F.I.R. to the local police station i.e., Nazirgunge I/C followed by disconnection of power supply as per Indian Electricity Act, 2003 read as Section 135 of the said Act. 

4.            Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                            Both the points are  taken up together for consideration.             Admittedly the complainant raised / lodged complaint against o.ps. for disconnection of power supply at his premises without serving any proper notice. But the facts remained are that the complainant supplying electric power to other adjacent disconnected consumer namely Sri Kajal Naskar being consumer no. 68112105008 whose line was disconnected due to pilferage of electricity and assessment was made as per Electricity Act, 2003 under Section 126 amounting to Rs. 27,621/- by the Assessing Officer vide final order of Assessment dated 01-03-2004 ( Ref. LBB/00989/2004 ). The matter in this regard had duly been informed to the complainant by the O.Ps. CESC Ltd.  vide  letter dated 21-06-2012 along with caution which runs as under :

                "failing which we shall be reluctantly compelled to take appropriate action against you including steps towards disconnection of your existing supply under Consumer No. 68112084015 at above premises."

6.                            It is also observe that a team of o.p. as authorized as per Electricity Act, 2003 inspected the premises of the complainant on the dated 13-08-2012 between 12-30 hrs, to 12-50 hrs.  and noticed some anomalies regarding sale of energy by the complainant to other adjacent disconnected consumer which is in contravention of Electricity Act, 2003 and appropriate action was taken as per Electricity Act, 2003 by lodging F.I.R. to the local police station and thereby disconnected the power supply to the complainant premises which is in accordance with the Electricity Act.

7.                            Considering the above we have our considered opinion that there is no latches on the part of the o.p. regarding disconnection of power supply at the consumer premises without serving any prior  notice   as per Electricity Act because of the facts that the same is not falls under general category and the licensee ( herein  CESC Ltd.) has every right to disconnect the power supply under special circumstances ( herein sale of energy to the other disconnected consumer ) and hence we find that the o.ps.' action is not deficient in nature and that to  deficiency in service U/S 2(1)(g) & 2(1)(o) of the C.P. Act, 1986   cannot rest upon the o.ps. for which we are unable to give any relief to the complainant as prayed for.    

                Points under consideration are accordingly decided.

                Hence,

O     R     D      E      R      E        D

                That the C. C. Case No. 107 of 2012 ( HDF 107 of 2012 )  be  dismissed  on contest but without   costs.  

                Supply the copies of the order to the parties, as per rule.