JUDGEMENT.

DATED :26-02-2015.

It is a complaint case for deficiency of service.

The case of the Complainant, in short, is this that the Complainant is an industrial (Rural) Consumer under the O.P. and he has been consuming electricity for operating his husking mill for his livelihood.  On 03-06-2005, S & LP unit, Bankura raided the premises of the husking mill and lodged complaint against the Complainant before the police station vide Kotulpur P.S. Case No.51/2005 without any reason and the police submitted charge sheet and the same was sent to the Special Court, Bankura vide Special Court (EL) Case no.35 of 2008 for trial.  The O.P. on 06-06-2005 took Rs.1,01,342/- only from the Complainant as provisional assessment for theft of energy and on 10-02-2006 the O.P. took Rs.36,083/- only as final assessment and accordingly in total the O.P. received Rs.1,37,425/- from the Complainant in the name of assessment for theft of energy and further the O.P. took Rs.9,000/- for the meter. 

On 17-11-2011 the Ld. Judge Special Court, Bankura was pleased to pass Judgement in the said Criminal Case by acquitting the Complainant from the said proceeding as he was not found guilty.  Accordingly, the O.P. has no legal right to hold the said amount taken from the Complainant on the allegation of theft and he is bound to refund the said amount to the Complainant after disposal of the said criminal case.  After acquittal from the said criminal case the Complainant met with the O.P. on several occasion to refund the said amount but ultimately the O.P.

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Consumer  Complaint No.97 of  2013.

failed to refund the said amount.  For that reason the Complainant has filed this case praying for direction upon the O.P. to refund the said amount of Rs.1,37,425/- with interest and further direction to refund Rs.9,000/- with interest which they took earlier from the Complainant for final assessment and also for meter.

The O.P. has contested this case by filing written versions denying allegations of the Complainant contending inter alia that the Electricity Act – 2003 is a complete code by itself and there are certain provisions for implementation.  There are no directions by the Ld. Special Court regarding refund of the assessed amount deposited by the Complainant and a Court of original jurisdiction is absolutely silent in respect of the assessed amount.  Then this Ld. Forum has no jurisdiction to interfere with the said amount as per the prayer of the Complainant and the case is liable to be dismissed.

On the basis of pleadings of both the parties now the question is as to whether the Complainant is entitled to get the relief as prayed for.

                                                           Decision with reasons.

The Ld. Lawyer for the Complainant has submitted a written notes of argument and made same submissions as stated in the complaint.

The Ld. Lawyer for the O.P. has also submitted a written notes of argument taking the same plea as taken in the written version.

After going through the pleadings of both the parties and the documents and the Xerox copy of the judgment passed by the Ld. Judge Special Court (under Electricity Act), Bankura on 17-11-2011 in Special Court (EL) Case No.35 of 2008 on the charge u/s 135 (1)(a) of the Indian Electricity Act, 2003, by acquitting the accused Uttam Kr. Koley from the said charge as the prosecution has not been able to substantiate the charge beyond any reasonable doubt and when it is a fact that the Complainant deposited Rs.1,01,342/- on 06-06-2005 as provisional assessment for theft of energy and again he deposited Rs.36,083/- as final assessment for theft of energy  and further he deposited Rs.9,000/- for meter and when there is no denial regarding the fact of depositing said amount by the Complainant, on the part of the O.P. and when this Complainant was acquitted from the charge of theft of the energy as alleged by the O.P. we find that the Complainant is entitled to get his said total claim amount of Rs.1,37,425/- and Rs.9,000/- from the O.P. and accordingly this case

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Consumer  Complaint No.97 of  2013.

 should be allowed. 

In the circumstances the above point is answered in favour of the Complainant.

In the result the complaint succeeds.

Hence, it is

                                                                     Ordered

That the Complaint Case No.97 of 2013 is allowed on contest against the O.P. but in the circumstances without any cost.

That the Complainant is entitled to get back Rs.1,37,425/- as he deposited for provisional assessment and final assessment and Rs.9,000/- as he deposited for the meter, from the O.P.

That the O.P. is hereby directed to pay said sum of Rs.1,46,425/- (Rs.1,37,425/- + Rs.9,000/-) to the Complainant within two months from the date of this Judgement failing which an interest @ 9% p.a. will be accrued on the said amount from the date of this Judgement till realization.

Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

                         (A. AGNIHOTRI)                                                                      (Y. HALDER)

                             Ld. Member                                                                        Ld. President