No. 2/08.10.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Heard Mr. S. Nayak, the Ld. Advocate for the Revision Petitioner.

This revisional application is directed against the order dated 28.08.2010 passed by the concerned District Forum.  By such order the District Forum by following earlier decision of the State Commission has directed the O.P. – M/s. C.E.S.C. Ltd. to restore electricity to the Complainant upon payment of balance assessed claimed amount along with reconnection charges as prescribed by the C.E.S.C.  It has been alleged in this revisional application that in a theft case the District Forum ought not to have passed such an order for reconnection of electricity on payment of balance assessed claimed amount.  We are not at all convinced with such contention on the part of the C.E.S.C.  First of all, the allegation of theft as alleged here has not yet been proved before the District Forum.  The complaint case is at the initial stage where the C.E.S.C., is yet to file any Written Version.  That apart there is no law in our country by which a subscriber of electricity even if commit theft will not be entitled to get electricity restored during the rest of his life on such ground alone even if he makes payment of unauthorized consumption of electricity.  Lastly, it has been urged that such restoration of electricity only upon payment of balance claimed amount along with reconnection charge was not justified as C.E.S.C. was entitled to recover interest on the assessed claim.  If the C.E.S.C. under the law was entitled to an interest on the said amount then it will be at liberty to approach the District Forum for determination of the interest on the said balance assessed claimed amount and for making necessary direction for payment in this regard at the hearing of the complaint case.  For the reason as aforesaid we are not inclined to interfere with the impugned order.  The revisional application is dismissed.