DATE OF FILING                    :     08-08-2013.

DATE OF S/R                            :      11-09-2013.

DATE OF FINAL ORDER      :     22-05-2014,

1.      Smt. Sipra Saha,

w/o. late Haripada Saha,

2.      Sri Suvodip Saha,

3.      Sri Siddhartha Saha,

both sons of late Haripada Saha,

4.      Sarmistha Saha,

d/o. Haripada Saha,

all are residing at 16/21, Ashutosh Mukherjee Lane,

P.S. Belur, District – Howrah. -------------------------------------- COMPLAINANTS.

-          Versus   -

1.      Sr. Manager,

Loss  Control Cell, CESC Ltd.,

Eastern Building ( 4^th floor ),

15/1, Chowringhee  Road,

Kolkata – 69.

2.      The  District Engineer,

CESC Ltd.,

433, G.T. Road, P.S. Golabari,

District – Howrah,

PIN – 711101.------------------------------------------------------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

1.               The instant case was filed by complainants U/S 12 of the C.P. Act, 1986 wherein the complainants have  prayed for direction upon the o.ps. CESC Ltd. not to disconnect the meter of the ‘B’ schedule property on the plea of non payment of electric charges of another meter lying in another premises standing in the name of their predecessor in interest fixed in premises no. 15, Ashutosh Mukherjee Lane, P.S. Bally, District – Howrah. The predecessor in interest of the complainant Hari Pada Saha  since deceased used to run   Atta Chaki and who is no more.  The CESC Authority for putting pressure upon the complainants to realize the charges of Rs. 2,40,000/- threatens to disconnect the domestic connection of the complainants  though  the bills are paid regularly. 

2.               The o.ps. in the written version contended interalia that the electric connection of Hari Pada Saha of premises no. 15, Ashutosh Mukerhee Road, Bally, Howrah, was disconnected on 10-07-2002 for theft of electricity; that the amount is unrealized as yet. So the connection of ‘B’ Schedule property standing in the name of the complainants shall have to be disconnected.  

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

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

ii)                  Whether the complainants are  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

4.               Both the points are  taken up together for consideration. Admittedly the complainants, the legal heirs of late  Haripada Saha are the the bonafide consumers of meter no. 3661890 fixed at 16/21, Ashutosh Mukherjee Lane, P.S. Bally, Howrah. Admittedly there is no dues as energy charges from the complainants. Admittedly it is a domestic meter. Admittedly Haripada  since deceased has electric supply at premises no. 15, Ashutosh Mukherjee Lane, under consumer no. 62072059001 for industrial purpose. The same was disconnected on 10-07-2002 for allegation of theft and the bill for Rs. 2,40,999/- was due from Haripada.  Subsequently Haripada, the husband of the complainant no. 1, died and the Atta Chaki was closed.  

5.               Now the o.p. to put pressure  threatens the complainant for  disconnection of the domestic line of the separate premises i.e., 16/21, Ashutosh Mukherjee Lane, where the hapless widow and her children reside and earns their bread as domestic help from other families of the neighbourhood. We had occasions to see the wretched complainants who are practically hard-put financially.  They are paying the electric bills regularly. Still  then they apprehends disconnection.  

6.               Now the pertinent question arises if the o.p. CESC Authority is entitled to disconnect the existing domestic line of the complainants who are leading a life below poverty level, that too in a separate address. If Haripada was guilty of theft of energy for running a Atta Chakki and the line having been disconnected on 10-07-2002 and no case having been started against him during his life time before his death, how the O.P. Authority can pose a threat to disconnect the line?

7.               The decisions as cited altogether relates to separate issues and as such cannot be invoked in the case at hand. The attempt of the o.p. Authority reminds us the unique story of wolf and the lamb. If Rs. 2,40,999/- is due from Haripada, who is no more, the CESC Authority has no other alternative than to take recourse to Section 170 of the Electricity Act, 2003 where the mode of recovery is laid down.

8.               The retaliatory measure adopted by the o.p./CESC Ltd. is not only arbitrary, but not permissible in law also. They cannot disconnect the existing meter of the complainants who are paying bills regularly.

           Therefore, we are of the view that this is a fit case where the prayer of the complainants shall be allowed.

           Both the points are accordingly disposed of.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 278  of 2013 ( HDF 278  of 2013 )  be  and the same is allowed on contest as against the o.ps. but in view of the circumstances without costs.

      The O.Ps. CESC Ltd. are hereby permanently restrained from disconnecting the electricity of the meter of the complainants being number 3661890 under consumer no. 62072068038 as described in ‘B’ Schedule  property of the complainant.   

      The complainants are at liberty to put the decree into execution after expiry of the appeal period.

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

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                              

  President,  C.D.R.F.,Howrah.