Today is fixed for admission hearing.

Heard the Ld.Lawyer of the complainant.

Perused the petition of complaint. The Ld.Lawyer of the complainant argued that the complainant is a customer under the West Bengal State Electricity Distribution Company Ltd. through Malatipur Customer Care Centre.

He further submitted that a criminal case was instituted against him under the Electricity Act for theft of electricity but the complainant was honourably acquitted by the Ld. Additional District & Session Judge i.e. the designated Court under the Electricity Act but after acquittal he went to the Electricity Board with a prayer for reconnection of service connection  but the O.P. No.1 did not give the reconnection on the ground for payment of final assessment amount for which the complainant has come to this Forum now Commission for getting his relief.

On perusal of the petition of complaint it is found that the complainant was running a submersible pump for the irrigation purpose. According to the provision of West Bengal Ground Water Resources (Management, Control and Regulation Act, 2005) that u/s. 7 of the said act no user shall sink any well for extracting or using ground water without obtaining a permit issued by the State Level Authority or District Level Authority. The Section further provides that “Where any user extracting or using ground water for irrigation or domestic purpose sink any tube-well or hand-pump permission is also require but no permission is required for extraction oruse is made without the help of any mechanical or electrical devices that can be done without obtaining  the permit from the concerned Authority.

For the instant case it is found that the complainant was extracting water with the help of electric devices or any mechanical way as such permission is required from the authority. But no such permission has been filed by the complainant.

Moreover, there is a dispute as regards to the bill in view of the case law decided by the Hon’ble State Commission Divisional Engineer and Divisional Manager Dakshin Dinajpur Vs. Smt. Asha Das when there is a dispute as regards to amount of bill the complainant will have to move before West Bengal Electricity Regulatory Commission. Moreover, the same view was expressed by the Hon’ble State Commission in revision petition No. RP/ 102/2018 arising out of the case of this Forum now Commission in Case No. CC/87/2017 of Malda District Forum now Commission the West Bengal State Electricity Distribution Company Limited Vs. Jaimuddin.

Considering the facts and circumstances the instant case is not admitted and the same is rejected.

Let a copy of the order be sent to Malatipur Customer Care Centre for information and necessary action.