West Bengal

Birbhum

MA/17/2021

Anisar Rahaman - Complainant(s)

Versus

Station Manager, W.B.S.E.D.C.L - Opp.Party(s)

Achintya Chattopadhyay

07 Oct 2021

ORDER

The record is put up today.

            Considering urgency the record is taken up for hearing.

The case is taken up for admission hearing as ad interim petition is filed.

Heard, perused the compliant and documents.

We find prima facie case.

Let the case be admitted.

            Considering urgency the record is taken up for hearing.

Ld. Advocate of the complainant filed ad-interim petition U/S 38(8) C.P Act 2019 against the OP W.B.S.E.D.C.L for passing ad interim order is taken up for hearing treating the same as M.A Case No. 17/2021.

            Perused the complaint, ad interim application and documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

            Heard the Ld. Advocate of the complainant.

            That the petitioner is the resident of Vill. Goalgram, P.O. Bonha, P.S. Murarai, Dist. Birbhum which comes within the jurisdiction of this Ld. Court.

            That the petitioner is the consumer under Ops and enjoying electricity vide consumer ID No. 522216465, Meter No. RSX57783 as SMP Connection, which he got from the Ops after proper verification and after submitting proper documents and has been paying electricity bills regularly to the Ops. Be it mentioned here that earlier the connection was under pro OP No. 3, but now it is under OP No. 1.

            That when the above connection was under pro OP No. 3 the bill raised by the pro OP No. 3 since from May 2014 to Mar 2020 was average moderate bill per month, but when the above connection transferred under the OP No. 1, then the bill raised by the OP No. 1 is very high and excessive per month, without any proper verification, as the meter of above SMP seems defective which has already been noted in the bill of Ops, the petitioner have his own limited agricultural land and during rainy season the above pump is not running for agricultural purpose only at the time of summer season specially for two months the above pump is running for limited agriculture purpose, so it is quite impossible for the petitioner to consume electricity for such a huge amount which has been reflected in the bill of OP No. 1 from March 2021 to August 2021and the abnormal bill has been raised which it transferred to OP No. 1.

            That the petitioner requested the OP No. 1 so many times to reduce the bill amount and also to change the defective meter and also filed petition to OP No. 1 on 15/07/2021 and 04/06/2021 and got the docket no vide 38298454, 28008965, but even after receive the complaint from the petitioner the Ops are not taking any initiative to reduce the bill amount after proper verification and also not replacing the new meter in place of defective meter for their illegal gain, but even after knowing their fault the OP No. 1 threaten to the petitioner

 

on 23/09/2021 that “if you are not pay the outstanding amount of Rs. 64313/- up to September 2021 of above connection, then out staff will go to your SMP area to disconnect your electric supply line”,          That the petitioner is a poor farmer somehow manages to run his family by cultivating his small area of land and he suffering from so many various ailments and petitioner apprehended that anytime Ops disconnect the valid connection of petitioner illegally and in that case petitioner will suffer irreparable loss and injury.

            That the petitioner requested the Ops not to order for disconnection of the valid connection of petitioner for illegal reason, but the Ops are denied to listen anything from the petitioner and for that petitioner have no other alternative, but to file a suit against the Ops.

At this stage without going into the merit of case we think electricity is most essential part of the human life in the present day situation and as the complainant has been earning his livelihood from said we think ends of justice would be met up if the Complainant is directed to pay lump sum amount to O.Ps and the OPs is to direct not to disconnect the electric line.

 Accordingly prayer for ad interim order is allowed.

The Complainant is to be directed to deposit Rs. 15,000/- (Fifteen Thousand) to the O.P No. 1 W.B.S.E.D.C.L, Station Manager, Paikar, P.O and P.S. Murarai, Dist. Birbhum within 10 days from this day and the O.Ps is directed not to disconnect the Electric Connection of the Complainant being ID No. 522216465 after payment of Rs. 15,000/- and also to directing the OPs to install a new defect free meter/ Check meter to get proper consumption.

            Deposited amount will be adjusted with Electric Bill of the Complainant.

            The Complainant is also directed to pay the current Bill month by month/ quarterly.

Thus the M.A is disposed of.

The complainant files requisite issue notice against the OP.

 Fixed 25/11/2021 for S/r and appearance and W/V from/by filing by the O.Ps.

Ad-Interim order will be effective till 25/11/2021.

            The Copy of the order be sent to O.P No. 1 W.B.S.E.D.C.L, Station Manager, Paikar, P.O and P.S. Murarai, Dist. Birbhum through speed post for Compliance.

           

            Copy of this order be supplied to the parties each at free of cost.