In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 316 / 2011.
1) Md. Sanju,
73/1D, Topsia Road, Kolkata-700039. ---------- Complainant
---Versus---
1) M/s. CESC Ltd.,
CESC House, Kolkata-700001.
2) District Engineer, M/s. CESC Ltd., South Regional Office,
6, Mandeville Gardens, Kolkata-700019. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 12 Dated 30/05/2012.
The petition of complaint has been filed by the complainant Md. Sanju against the o.ps. M/s. CESC Ltd. The case of the complainant in short is that complainant has no electric meter in his premises and made an application for new connection to CESC on 14.2.11 on payment of application fees of Rs.500/- and o.ps. on 14.3.11 informed complainant by a letter that inspection of the premises will be held on 22.3.11 and accordingly it was held. Further case of the complainant is that on 23.3.11 complainant was directed to appear before the Commercial Officer of o.ps. and complainant was made aware that there is huge amount lying pending as against the said premises and asked complainant to settle the outstanding dues of the said premises, otherwise they will not provide new electric meter and o.ps. on 18.5.11 refused to give new connection to complainant for non-payment of outstanding dues. Hence, the case.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. From para 12 of the petition of complaint we were come to find that complainant avered that complainant has no nexus of the aforesaid outstanding dues of the premises and complainant having this background applied for new electric meter from o.ps. and o.ps. refused to install new meter since the complainant refused to settle the outstanding dues in respect of the said premises. Now keeping an eye to the averment of complain ant in the petition of complaint vide para 12, we are of the view that complainant is not bound to settle the outstanding dues in this regard. We are of the view that electricity is a beneficiary service and we would like to refer to the decision of Hon’ble Supreme Court of India in Supreme Court cases published in (2004) 3 SCC wherein Hon’ble Court was pleased to hold that “In case of a fresh connection though the premises by the same the auction process cannot be held liable to clear the arrears of the previous owners in the absence of their being a specific statutory provision in this regard”.
That being the position, o.ps. ought to have installed new electric meter in favour of complainant on the basis of his application dt.14.2.11 and the act on the part of o.ps. amounts to deficiency of service being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are directed to install new electric meter on the basis of the application of complainant dt.14.3.11 and complainant is not liable to pay the arrear dues in respect of the said premises on the basis of their letter dt.18.5.11. O.ps. are further directed to pay compensation of Rs.2,000/- (Rupees two thousand) only to the complainant for harassment and mental agony and litigation cost of Rs.500/- (Rupees five hundred) only. O.ps. are strictly directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
_____Sd-____ _____Sd-____ _____SD-_______
MEMBER MEMBER PRESIDENT
