Shri B. Mukhopadhyay, President.   

This is an application u/s.12 of the C.P. Act, 1986.

            In present complaint complainant has alleged that he is a bona fide consumer in respect of Consumer No.26071032025 at Premises No.35, Linton Street, Calcutta – 700 014 under the OP and he has been paying regular bill and there is no dues even then OP without any legal or valid reason disconnected the electric connection arbitrarily and thereby caused harassment and going for which this complaint was filed by the complainant praying for restoration and also for compensation. 

            On the contrary OP by filing written statement submitted that the present complainant has two brothers who are residing in this premises and they have two separate meters instead of the said holding.  Among them one Ashoke Chowdhury is the defaulter in respect of Rs.80,000/- for which CESC disconnected the line when complainant and his brother Ashoke Chowdhury resisted the CESC Authority for disconnecting the line of the complainant and fact remains the CESC personnel were not to get such scope to disconnect the electric supply line of the Ashoke Chowdhury in said premises for which finding no other alternative as per rule the CESC for resisting the CESC personnel by the complainant men      for outside were disconnected and now for that reason the connection of the complainant was also disconnected as he resisted and, in fact, the company get any provision of law and there is no deficiency in service to the present complainant.  Further it is submitted that after that complainant was asked to file a declaration that in future he shall not have to make any disobeyance or resistance to the electricity personnel as and when they had their need to enter into the premises the complainant refused for which the line was not restored but as per order of the Ld. Forum dated 20-02-2013 and also after furnishing such undertaking as required by the OP in terms of the proposal of the OP’s Company complainant declared that in future he shall not allow the defaulter consumer to electricity unauthorisedly  and accordingly the line was restored by the              on 21-02-2013.  So, it is proved that not only the complainant resisted the electricity personnel to disconnect the electricity line of the Ashoke Chowdhury but after disconnection of the line of Ashoke Chowdhury complainant unauthorisedly supply electricity to Asoke Chowdhury from his meter for which the line was disconnected.

            In the above situation OP submitted that matter may be disposed of when the undertaking have been submitted by the complainant and connection has already been restored on 21-02-2013 as per order.

Decision with Reasons

On comparative study of the entire case record including the compliant a written version and also the order of the Ld. Forum dated 20-02-2013 we are convinced to hold for the overact of the complainant and creating resistance to the CESC personnel to disconnect the electric line of the Ashoke Chowdhury in the same premises (35, Linton Street) the Company personnel disconnected the entire supply of electricity line on 07-02-2013 and no doubt on 21-02-2013 the said line was restored to the complainant as per order of the Forum Dated 20-02-2013 and after getting such declaration from the complainant that he shall not or will not allow the developer consumer to use electricity unauthorisedly from his meter and shall not disturb any CESC Authority or personnel from inspecting, checking the said premises for any reason.

            On scrutiny of the order it is found this Forum never asked to restore the connection that complainant filed a petition on 05-02-2013 for restoration of the electricity connection but Ld. Court refused such prayer and interim order was also revised but in the meantime the CESC after getting such declaration of the complainant restored the same on 21-02-2013.

            Considering the above fact it is clear this complainant appear before this Forum with clean hand but he suppressed many thing and fact remains this complainant adopted unfair path of false and also path of selling electricity unauthorisedly from his meter to his elder brother Ashoke Chowdhury that was also detected by the OP.  So, the matter is already decided and fact remains electricity authority on their own instance and to give a chance to the present complainant to be more moral in his activities as a consumer of the OP was approached by the OP.  OP was corrected disconnection as made by the OP was for violation of the electricity rules and for supplying unauthorized electricity to defaulter brother Ashoke Chowdhury and for that reason the complainant should be punished on overall evaluation of the entire fact we find this complaint as filed by the complainant is false because allegation of negligent and deficient manner of service is nowhere but deficient manner of service was on the part of the complainant.  In the result, the complaint fails.

Hence,

Ordered

That the complaint be and the same is dismissed on contest with cost of Rs.2,000/- which was paid to the OP by the complainant and OP may realize this amount if it is not paid by the complainant by mentioning in the electricity bill of any month.