West Bengal

Birbhum

MA/41/2018

Manirul Mirza, S/o Torab Mirza - Complainant(s)

Versus

Station Manager, WBSEDCLAhmadpur CCC - Opp.Party(s)

08 May 2018

ORDER

Both parties file hazirah.

            The petition dated 23.02.2018 filed by the complainant Manirul Mirza for passing an interim order regarding restoration of his electric line being consumer ID No. 500962879 and the petition dated 03.04.18 filed by the O.P WBSEDCL for dismissal of the case on the ground of non-maintainability along with objection filed by the O.P against the petition dated 23.02.2018 filed by the complainant are taken up for hearing treating the petition dated 23.02.2018 as MA No. 41/2018.

            We find that it is the case of the complainant that he is valid consumer being consumer ID No. 500962879 under the O.P WBSEDCL and he has paid bill for the month of September 2018 to November 2018 amounting to Rs. 15140/-. But on 25.10.2017 all on a sudden the O.P has disconnected his line without any previous notice.

            On the other hand it is the case of the O.P that complainant Manirul Mirza has been residing with his father Torab Mirza in same mess and same premises and there are two service connections in the said premises one in the name of Torab Khan @ Mirza and another in the name of Manirul Mirza i.e. complainant. But Torab Khan was using electricity illegally by means of direct hooking from nearby LT Overhead lines of WBSEDCL and after proper inspection of the premises the O.P WBSEDCL disconnected both the lines.

            We find from the copy of the bill and receipt that the complainant has paid electric bill regarding his consumer ID No. 500962879 upto February 2018.

Copy of the application dated 04.12.2017 (which was received by Ahamadpur Gr. E/Suplly) shows that the complainant informed the Station Manager WBSEDCL Ahamadpur that his electric connection has been disconnected on 25.10.2017 though he has paid bill for the period December 2017 to February 2018.

            We find that it is the main contention of the O.P the complainant Manirul has been residing with his father Torab and there are two connection in the said premises and his father has been using electricity unauthorizedly by means of hooking and as such electric line of Torab and his son Manirul the complainant has been disconnected.

But by filing affidavit the complainant Manirul has claimed that he has been living separately with his wife and children in the plot No. 658 and 658/1375 measuring totaling 0.06 decimal under Hirapur Mouza within Labpur P.S. having electric connection being consumer ID No. 500962879. He also stated that he is separated in mess with his father and his premises and premises of his father are completely separated.

            Copy of LR Khatian No. 813, Mouza Hirapur and mutation certificate issued by BL&L.R.O, Labpur also show that plot No. 658 and 658/1375 stand in the name of the complainant Manirul as Basutu.

            Certificated dated 03.04.18 issued by Prodhan Chowhatta and Mahodary No.1 G.P also shows that the complainant has been residing in 658/1375 and he is separated from his father.

            We find that the O.P has failed to mention the Plot No. of the premises where Torab Khan, father of the complainant has been residing and he had been using electricity illegally by hooking and Labpur PS case No. 165/17 dated 24.10.17 u/s 135(1) Electricity Act 2013 has been started against him.

            We find that by filing a petition dated 03.04.18 the O.P WBSEDCL has been claiming that the present case is not maintainable as FIR was lodged u/s 126 Electricity Act against Torab Khan father of the complainant for illegal hooking and he has been residing with the complainant in the same premises and in view of the decision of the Hon’ble Apex Court the complainant is not a consumer.

            But we have already come to the conclusion that at this stage it has not been clearly established that the complainant Manirul and his father Torab Khan have been residing in the same premises where father of the complainant Torab Khan allegedly has been taking electricity illegally by hooking.

            In this juncture we think the question of maintainability of the present case depends on question of facts and question of law and the same is to be decided at the time of final hearing of the case.

            Regarding interim order we find that now a days electricity is a most vital part of the life-style of the human beings and electricity is very much necessary in the premises of the present complainant especially in this hot seasons and without going into merit of the case the prayer for passing interim order is to be allowed for ends of justice.

Hence,

Ordered

that the petition dated 23.02.2018 filed by the complainant Manirul Mirza for passing an interim order regarding restoration of his electric line i.e. MA No. 41/2018 is allowed on contest but without cost.

The O.P /WBSEDCL is directed to restore electric connection of the complainant being consumer ID No. 500962879 within 7days from the date of receipt of the order.

The complainant is directed to deposit electric bill month by month/quarterly subject to the adjustment of final bill.

Fix 06.06.2018 for filing evidence by the complainant.

Copy of the order be supplied to the parties at free of cost for compliance.