West Bengal

StateCommission

RC/94/2010

M/S C.E.S.C. Limited. - Complainant(s)

Versus

Sm. Savitri Devi Baheti. - Opp.Party(s)

Mr. Srijan Nayak. Mr. Aloke Mukhopadhyay.

30 Nov 2010

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
BHABANI BHAWAN (Gr. Floor),
31, Belvedere Road, Kolkata - 700027
 
RP No. 94 Of 2010
(Arisen out of Order Dated 20/07/2010 in Case No. 211/2010 of District Kolkata-I)
 
1. M/S C.E.S.C. Limited.
Managing Director, CESC House, Chowringhee Road, Kolkata - 700 001.
2. General Manager, M/S CESC Ltd.
Loss Control Cell, Kolkata - 700 001.
3. Dy. General Manager (Central), M/S CESC Ltd.
CESC House, Kolkata - 700 001.
4. SR. Commercial Executive, M/S CESC Ltd.
6, Mandevilla Garden, Kolkata - 19, P.S. - Gariahat
5. Designated Officer Loss Control Cell, CESC Ltd.
1- Taratala Road, Kolkata - 88, P.S. - Taratala
6. Assessing Officer - I, Loss Control Cell, CESC Ltd.
1, Taratala Road, Kolkata -88, P.S. - Taratala.
...........Appellant(s)
Versus
1. Sm. Savitri Devi Baheti.
7, Chakraberia Road (South), Kolkata - 700 025.
2. Govt. of West Bengal Service through its Dy. Secretary, Power Department
New Secrertariate Building A - Block - 7th Floor, Kiran Shankar Road, Kolkata - 1
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE PRABIR KUMAR SAMANTA PRESIDENT
 HON'BLE MRS. SILPI MAJUMDER Member
 HON'BLE MR. SHANKAR COARI Member
 
For the Petitioner:Mr. Srijan Nayak. Mr. Aloke Mukhopadhyay., Advocate
For the Respondent: Mr. Debesh Halder., Advocate
ORDER

 

 

 

 

 

 

No. 4/30.11.2010.

 

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

 

Revision Petitioner through Mr. S. Nayak, the Ld. Advocate along with Mr. Aloke Mukhopadhyay, the Ld. Advocate and O.P. No. 1 through Mr. Debesh Halder, the Ld. Advocate are present.

 

This revisional application is directed against the interim order dated 23.07.2010 passed by the Forum below.  By the said order the O.Ps – C.E.S.C. Ltd. have been directed to resume/restore supply of electricity to the Complainant – O.P. through the Meter No. 0750069-2G.  It is not in dispute that the Complainant – O.P. is a consumer of electricity and enjoying supply of electricity through two meters namely Meter No. 0750069 and Meter No. 1836816.

 

It appears from materials on record that the C.E.S.C. Ltd. upon inspection in the premises of the Complainant found that the metering arrangement of Meter No. 1836816 was tampered by disconnecting incoming neutral loop by making external earthing arrangement.  Most importantly the Inspection Report that was prepared by the authorities of C.E.S.C. Ltd. did not reveal any tampering or any other irregularities in respect of the other Meter No. 0750069 of the consumer – Complainant.  It has merely been recorded in the said Inspection Report that the said Meter No. 0750069 was also catering the same establishment and the consumer beneficiaries.  It is no doubt true that the consumer is getting his supply of electricity in the premises in question through the aforesaid two meters.  Therefore, there is nothing wrong if the said consumer get his supply of electricity through the said Meter No. 0750069 even if the supply through the other meter has been disconnected. Rather it is lawful that he should continue to get the electricity in his premises through the said meter.  In view of the said Inspection Report and more particularly in view of the fact that a provisional as well as final assessments have already been made by the C.E.S.C. Ltd. in respect of the aforesaid tampered Meter No. 1836816 and no such assessment has been made in respect of the aforesaid untampered Meter No. 0750069, therefore, we do not find any illegality and/or material irregularity in the impugned order by the Forum below whereby the supply of electricity has been restored to the consumer Complainant through the said meter No. 0750069.  It is further recorded that we have not gone into the other question involved in the complaint case before the District Forum.  The revisional application is this disposed of.

 

 
 
[HON'BLE MR. JUSTICE PRABIR KUMAR SAMANTA]
PRESIDENT
 
[HON'BLE MRS. SILPI MAJUMDER]
Member
 
[HON'BLE MR. SHANKAR COARI]
Member

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