Sri Shyamal Gupta, Member

This is an Appeal, filed by M/s West Bengal State Electricity Distribution Company Ltd., the OPs, against the Order dated 24-12-2014, passed by the Ld. District Forum, Dakshin Dinajpur in CC/14/2014.  Incidentally, by such order, the complaint case has been allowed by the Ld. District Forum.

Facts of the complaint case, as stated in the petition of complaint, in short, are that, the OPs arbitrarily issued two service bills of astronomical amount and asked the Complainant to clean the slate, else face the consequences of disconnection.  Since complaint lodged with the OPs in this regard did not yield any positive result, the instant complaint was filed.

Counter case of the OPs, as narrated in the WV, in brief, is that the Complainant is not a consumer.  Further case of the OPs is that, on the basis of complaint lodged by the Complainant, due enquiry was made and no abnormality was found in the meter reading. It is alleged that the Complainant provided unauthorized service connection to a computer centre.  The Complainant was communicated vide Memo dated 06-05-2014 that the meter was tested and found in order, but the Complainant has still not paid the outstanding energy bills.

Decision with reasons

Parties were heard and documents on record duly gone through.

Ld. Advocate for the Appellants argued that the service connection stands in the name of the father of the Respondent, who has passed away long ago and accordingly, he is not a consumer. On due consideration of such contention of the Ld. Advocate, we do not find any substance in it.  Being a beneficiary of such service connection, the Respondent is definitely a bona fide consumer.  It appears that the Ld. District Forum has rightly interpreted the law in this regard.

It is further argued by the Ld. Advocate appearing on behalf of the Appellants that Consumer Forum has got no authority to adjudicate billing related dispute.  This too appears to be a complete misnomer on the part of the Ld. Advocate of the Appellants.  The die in this regard is cast by the Hon’ble Apex Court in U.P. Power Corporation Ltd. & Ors. V. Anis Ahmed, reported in (2013) 8 SCC 491.

In order to buttress their contention regarding unauthorized use of electricity from the service connection provided to the Respondent, the Ld. Advocate for the Appellants furnished photocopies of some documents.  It appears from the copy of letter dated 09-05-2016 that, by such letter the Appellants alleged that the Respondent indulged in such illegal activities for the last 14 months.  In such a scenario, given that the disputed bills were issued on 16-11-2013 and 26-03-2014 in respect of consumption made previously, it is not understood, how it has got any bearing in the present case. 

That apart, it is also to be understood that mere allegation or filing an FIR does not prove anything.  If the Respondent indeed indulged in any sort of illegal activities which was known to the Appellants, what prevented them from taking appropriate legal action against the Respondent forthwith.  We have not heard any convincing clarification from the side of the Appellants in this regard.

It is also curious to note that bills of such magnitude were raised only twice.  If indeed the Respondent indulged in the alleged illegal activities, it is naïve to believe that subsequent bills would also hover around similar level.  However, nothing of that sort is forthcoming before us.

On going through the impugned order, we find that, the Ld. District Forum, through in-depth analysis of the disputed bills, laid bare the imperfectness of the said bills.  In this regard, Ld. Advocate for the Appellants merely asserted, without attaching any documentary proof, that, for a long period of time, bills were not paid and ultimately bills were raised on the basis of correct reading of the meter and on correct consumption basis.  For want of material proof, we are not inclined to attach any importance to such wild allegation.

Overall, the instant Appeal is found to be bereft of any merit; thus, fails.

Hence,

O R D E R E D

The Appeal stands dismissed on contest against the Respondent with a cost of Rs. 10,000/-, being payable by the Appellants to the Respondent.  The impugned order is hereby affirmed.