West Bengal

Bankura

CC/85/2017

Sk. Nazir - Complainant(s)

Versus

Station Manager Indus Group Electricity Supply - Opp.Party(s)

Mahiuddin Ahamed

31 Aug 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.85 /2017

Date of Filing: 21-12-2017

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld. Advocate  Mahiuddin Ahmed

For the O.P: Ld. Advocate Jayanta Chowdhury

 

Complainant  

Sk Nazir, s/o Late Sk Sahid alias Selim, at Bathania Village, Indus, Bankura

Opposite Party

Station manager, Indus Group Electric Supply, WBSEDCL, Bankura

 FINAL ORDER / JUDGEMENT                    

                                                                                                                                       

Order No.45

Dated:31-08-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he is a domestic Consumer No.M741372 under O.P. but following a false complaint against the Complainant Indas P.S. Case No.182/2013, dt.26/09/2013 was initiated u/s 135(1)(a) of the Electricity Act, 2003 which ended in charge sheet followed by trial before the Special Court (Electricity Act), Bankura No. being 111 of 2013

The O.P. submitted Provisional / Final Assessment Bill for Rs.37,852/- on 23/10/2013 for theft of electricity in connection with the above mentioned case and the Complainant duly paid the same under proper money receipt. But the Complainant was honourably acquitted of the above mentioned Special case by judgement dated: 08/04/2016. Thereafter the Complainant claimed Rs.37,852/- from the O.P. which he is entitled to get refund after acquittal from that case but the O.P. refused the same on various occasions and ultimately the Complainant has approached this Commission for appropriate relief.

The O.P. contested the case by filing a written version contending inter alia that the Complainant is not entitled to get refund of the Provisional / Final Assessment Bill for Rs.37,852/- as it is a civil liability of the Complainant having no connection with the acquittal from that criminal case under the Electricity Act.                                                    

                                                                                                                                                                                    Contd……p/2  

                                                                                                                                 

Page: 2

-: Decision with reasons: -

Having regard to the facts of the case, contention, submission and documents on both sides   the Commission finds that it is an admitted fact that after the initiation of the aforesaid criminal case under the Electricity Act before the Special Court, Bankura the Complainant had to pay Rs.37,852/- as demanded by the O.P. towards Provisional / Final Assessment Bill for theft of electricity and it is also an admitted fact that the Complainant was acquitted of that criminal case by the judgement dated: 08/04/2016.

Now the question is whether the Complainant is entitled to get refund of the said amount.

If we examine 3^rd Proviso to Section-135(1A) of the Electricity Act, 2003 it is clearly seen that the Licensee or supplier as the case may be, on deposit or payment of the assessed amount or electricity charges in accordance with the provisions of this Act shall without prejudice to the obligation to lodge the complaint as referred to in Section-135(1) of the Electricity Act restore the supply line of the electricity within 48 hours of such deposit or payment.

It is clear from the above Proviso that the electricity Authority can raise the Provisional / Final Assessment Bill for theft of electricity u/s 126 of the Electricity Act, 2003 without prejudice to initiate criminal proceedings before the Special Court for theft of such electricity.

If we further look to Section-154 (5) of the Electricity Act, 2003 it will be found that while trying the criminal case for theft of electricity the Special Court shall determine the civil liability against a consumer and it is also provided in Clause-6 of the said Section that in case the civil liability is so determined by the Special Court the excess amount so deposited by the consumer shall be refunded by the O.P. Authority.

It is therefore seen from the above provisions of law that apart from criminal liability for theft of electricity the Complainant / Consumer has also the civil liability to pay the consumption units for such unauthorized theft of electricity.

It is a well settled position of law that criminal liability and civil liability will go hand in hand and exoneration from the criminal liability will not absolve the Consumer of his civil liability and the vice versa.

                                                                                                                                                                                      Contd…..p/3

Page: 3

Acquittal from the criminal offence for theft of electricity goes to show that the Consumer has not consumed electricity un-authorizedly. But it is an authorized consumption and so the Consumer has to pay for such authorized consumption and the Provisional / Final Assessment Bill is actually raised by the O.P. Authority u/s 126 of the Electricity Act, 2003 for  consumption of electricity in such case.

An anomalous situation will arise if the instant case is allowed and in that case the Commission will indulge the Consumer to enjoy the electricity free of charge.

In view of the legal position stated above the Complainant is not entitled to get any relief in this case.

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.  

 

 ____________________                _________________            _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER         HON’BLE MEMBER