JUDGEMENT

This appeal refers to the final order of Ld. D.C.D.R.F Dakshin Dinajpur in reference to CC No. 27 of 2018 delivered on 31/7/2018. The fact of the case in nutshell is that the respondent/complainant lodged a consumer complaint before Ld. D.C.D.R.F, Dakskhin Dinajpur to the effect that he is the bona fide consumer under OP/appellant (WBSEDCL) and prayed for STW electric connection to run motor generating water pump for cultivation in his paddy land and the OP/appellant directed to complainant/respondent to submit quotation with all charges of Rs. 7699. Accordingly, the respondent submitted the quotation along with paying the charges of Rs. 7699 on 7/11/2017 for STW connection but the OP did not supply the said electric connection. Thereafter, the complainant/respondent filed a petition to the AD of consumer affairs Dakshin Dinajpur and the OP was called at the regional office on 30/1/2018 and after a thorough discussion the OP/appellant had assured the complainant/respondent that the company would install the connection within 10 days. The OP/appellant company did not execute their commitment. As a result, the complainant/respondent could not cultivate his 15-16 bighas of land and his planted borrow paddy was completely destroyed, in consequence, he had suffered a damage to the tune of Rs. 1 lakh for the illegal act of the appellant/OP. So, he claimed compensation about Rs. 1 lakh from the OP/appellant. The OP/appellant had contested the case by submitting the written version and contended inter alia that the complainant/respondent had another electric connection in his name since 2012 bearing consumer ID No. 400103376 and he was enjoyed the electric energy through that connection. On 20/6/2016 on the basis of a secret information the OP/appellant company has raided the residence of complainant/respondent and found that he was enjoying the electricity illegally by passing the installed meter connected the consumer ID no. 400103376. The said electric connection was dismantled and the articles of illegal energy consumption was seized and a FIR bearing no. 200 of 2016 was lodged before the police station and a provisional bill of pilferage was generated amounting of Rs. 53,422. Thereafter the consumer complainant/respondent moved before the Ld. Addl. District Judge Court, Balurghat for anticipatory bail and he was instructed to pay 50 percent of the provisional bill that is Rs. 26,711. Thereafter he filed a writ petition before the Hon’ble court and by virtue of the order of the Hon’ble Court his electric connection was restored on 19/6/2017. The further case of the OP/appellant is that the complainant/respondent was charged for theft of energy and total outstanding amount was stood to 30,947 and as such he was debarred from getting the new connection in spite of the submitting the quotation as alleged according to the provisions of regulation 46 of WBERC. The Ld. D.C.D.R.F Dakshin Dinajpur after hearing both sides passed the impugned order on the ground that the charges of energy theft still remained sub judice under the Hon’ble Court as the writ petition pending. The Ld. D.C.D.R.F also has drawn a view that complainant/respondent being a farmer  the connection of  electricity was his basic necessity for the cultivation and for that reason, the Ld. Forum instructed the OP/appellant to provide STW electric connection having reference ID No. 402023283 within 30 days. No compensation was allowed safe an except litigation cost of Rs. 2000/-. The Ld. Forum also passed a conditional order that if the OP/complainant fails to comply the order of the Ld. D.C.D.R.F within the stipulated period the compensation amount claimed by the complainant/respondent to the tune of Rs. 1,00,000 to be paid to the complainant by the OP/appellant for causing damage to his livelihood. Being aggrieved with this order this appeal follows on the grounds that Ld. Forum has acted with serious illegality and exercised the jurisdiction not vested in it and there was serious mis appreciation of evidence and mis application of law. The positive case of the appellant is that after being instructed by the Hon’ble Court in reference to writ petition no. 3884 if 2017 the electricity authority has restored the electric connection to the meter no. GO 1763655 and thereafter the respondent/complainant did not pay the 50 per cent of the outstanding amount of the provisional bill dated 21/6/2016. The further case of the appellant OP is that according to clause 13.9 of notification no. 46 of WBERC dated 13/5/2018 the respondent was required to pay all outstanding dues in respect of any other service connection held by the respondent/complainant located in the area of the supply of the appellant for getting the new connection for supply of electricity. The respondent/complainant did not comply the said regulation of WBERC and as such he was rightly debarred from getting a new connection in spite of submitting the quotation. So, the electricity authority had asked the complainant to receive the quotation money from the office of the appellant/OP but the OP/appellant intentionally has lodged this case. The further case of the appellant is that the catena of judgement of Hon’ble Supreme Court of India wherein it has observed that in case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986. The Consumer Protection Act will ipso facto not vested the consumer forum with the power to redress any dispute and as such the order passed by Ld. D.C.D.R.F, Dakshin Dinajpur is illegal, arbitrary and liable to be set aside.

The appeal is heard in presence of Ld. Advocate of both sides.

D E C I S S I O N S  W I T H   R E A S O N S

Admittedly the consumer complainant had an electric connection in his residence bearing consumer ID No. 400103376 and the meter no. GO 1763655 was attached to the said connection. Subsequently, the electricity authority after detection of tampering of the said meter and consumption of electricity energy illegally on the part of the complainant lodged a FIR and dismantled the said electric connection against this illegal consumption of electricity. A pilferage provisional bill was drawn by the appellant/OP and 50 per cent of the said amount was paid by the complainant and by virtue of the order of the Hon’ble Court in connection with the said writ petition restored the said dismantled electric connection in his residence and the payment of remaining 50 per cent are being unpaid till now. The electricity authority claims that as per regulation of WBERC until and unless the entire dues are not being paid, no new connection should be installed in the residence of the defaulter. On the other hand, it is fact that the writ petition pending before the Hon’ble Court has not yet finally disposed of. The criminal case lodged against the complaint/respondent is also under sub judice.  It is not finally decided whether the complainant was found guilty for pilferage of electric energy. The allegation of pilferage electric energy lies against the domestic connection of the complainant in his residential complex. Here, the deficiency of service on the part of the appellant/OP relates to a submitted quotation for another electric connection for agricultural purpose and that STW connection is not related to the domestic connection of the respondent/complainant. So, at this stage, we have no opportunity to hold that the complainant had the liability to pay about thirty thousand rupees as outstanding amount. The regulation of ERC in this respect does not come to rescue the appellant from discharging their liability for installing an electric STW connection for the agricultural purpose of the complainant/respondent.

                                    The Ld. Advocate of the appellant at the time of argument referred regulation clause 13.9 of WBERC notification quoted here “For getting new connection for supply of electricity from a licensee an intending consumer shall be required to pay all outstanding dues to the licensee in respect of any other service connection in his / her name located in the area of supply of the same licensee and he / she shall also be responsible for payment of outstanding charges calculated in a prorated manner.” After hearing  both sides this commission finds that this regulation right now cannot be sacrosanctly accepted as because the matter is still pending for disposal and in respect of non-payment of outstanding bill. There is another legal process and the said legal process has not yet exhausted and the forum or this commission right now had no authority to hold that the complainant/respondent had committed a theft of electric energy and he had dues of outstanding amount of Rs. 30,000/- and more. So, in our view the Ld. Forum has rightly decided the dispute with the merit and this commission finds no opportunity to go against the said order. Therefore, the commission comes to a conclusion that the appellant has no merit in this case and shall have to comply the final order of the Ld. D.C.D.R.F dated 31/7/2018 in reference to the CC No. 27 of 2018.

Hence, it is ordered: -

That the appeal be and the same is hereby dismissed on contest without cost.

                    However, the appellant/OP is given an opportunity to install the STW electric connection having reference to ID no. 402023283 within 30 days from the date of this order and if the appellant complies this order within the stipulated period, they would have no liability to pay compensation of Rs. 1,00,000/- as directed by the Ld. Forum. The litigation cost is hereby increased to the tune of Rs. 5,000/- instead of Rs. 2,000/-. Let a copy of this order of appeal be handed over to the parties of this case free of cost.