DATE OF FILING : 09/07/2012.
DATE OF S/R : 10/08/2012.
DATE OF FINAL ORDER : 28/03/2013.
Jamil Ahmed,
S/o- Mukhtar Hossain, 472/7, G. T. Road, 2nd Floor, P.S.- Shibpur, Howrah-711 102
.----------------------------------------------- COMPLAINANT.
- Versus -
1) The Dist. Engineer, C.E.S.C. Ltd.
Howrah Regional Office, 433/1, G. T. Road (N), Howrah – 711101.
2) The Superintendent, C.E.S.C. Ltd.
Loss Control Cell,
Victoria House, Kolkata – 7.-------------------------------------OPPOSITE PARTIES
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
It is the specific grievance of the complainant, Jamil Ahimed that inspite of regular payment of electric bill raised by the O.P.-1, O.P.-2 in support of O.P.-1, visited his residence to disconnect his electric line for realization of outstanding dues lying in the name of Mukhtar Hossain, happens to be the father of the petitioner. In the same meter box, several electric meters have been installed by O.P.-1 lying in the name of different persons such as petitioner, Mukhtar Hossain and so on. The electric meter of Mukhtar Hossain was disconnected for non-payment of outstanding dues since long. It is alleged by the complainant that on several occasions some unknown persons came to his residence with a threatening voice for disconnecting his electric line who were deputed by O.P.-1. And they threatened that complainant should pay the outstanding amount otherwise his line would be disconnected. But on 17/05/2012 at about 11-30 AM some unknown persons came to disconnect his line and they disclosed their identity as being deputed by O.P.-2. And they came to realize the long outstanding dues lying in the name of Mukhtar Hossain. Complainant even alleged that those persons asked for payment of Rs. 25,000/- immediately which would have saved such disconnection of his own electric line. Being perplexed he immediately on 21/05/2012 met O.P.-1, who told that O.P.-2, being the Loss Control Cell, has enough power to realize outstanding amount and if he does not make payment his line would be disconnected and O.P.-1 would have nothing to do in this respect. Immediately complainant rushed to Ld. Executive Magistrate, 2nd Court of Howrah asking for protection from such arbitrary and whimsical action of O.Ps. by filing a petition which was registered as M.P. No. 932 of 2012 u/s 144(2) Cr.P.C. It is further stated that complainant is spending his days will all anxiety and worries even he cannot do his daily work properly. Being a bonafide consumer, O.Ps. should have protected his interest but in reality, for their illegal actions he is being harassed mentally, physically as well as financially. So by filing a petition u/s 12 of the C. P. Act, 1986 (as amended) up to date. Complainant has prayed a direction to be given upon the O.Ps. not to
create any kind of disturbance over the peaceful enjoyment of his electricity along with payment of cost/costs and other reliefs. Notices were served upon the O.Ps. O.Ps. appeared and filed W/V with certain documents. Accordingly, case was heard on merit.
Decision with reasons
We have carefully gone through the W/V and its annexures filed by O.Ps. It is the specific plea of the O.Ps. that complainant is supplying unauthorized electric line to the disconnected consumers, namely Mukhtar Hossain, Mehidi Hasan, whose electric lines were disconnected on 06/10/2010 and 12/01/2008 for unauthorized use of electricity. And as per the sections and provisions of Indian Electricity Act, 2003, Consumer Forum has got no jurisdiction to adjudicate the instant matter. But from all the annexures that O.Ps. have filed, we find the entire matter is in between Mehedi Hasan and O.P.-1. Not from a single annexure it would be revealed that complainant is a defaulter of paying regular electric bills. Perhaps O.Ps. are not aware of the provisions of Section-3 of the C. P. Act, 1986. Of course O.Ps. have alleged that complainant is guilty of supplying electricity unauthorisedly to Mahedi Hasan and for that they went to disconnect complainant’s line on 17/05/2012 after lodging an F.I.R. before Shibpur P.S. but they “failed to do so due to strong resistance by the local people.” Here it is to be noted that complainant Jamil Ahmed’s name, they have not written as a person among those ‘local people’. Whenever, O.Ps. are coming for disconnection they are in a group. And according to their version ‘local people’ are coming to the rescue of an individual’s electric line. O.Ps. have neither mentioned the names of Mukhtar Hossain or Mehedi Hasan among those ‘local people’. Mere by lodging an F.I.R. on the basis of doubt, O.Ps. cannot do so. And O.Ps. have not even annexed any document, photograph, whatsoever, to show that complainant is supplying unauthorized electricity. And if the complainant himself is involved in such continuous illegal activities, he might not have exposed himself to the scrutiny of courts by approaching them one after another. Is he not aware of the very ideal of all courts of law which goes as ‘Satyameva Jayate’. Complainant is paying electric bills regularly. So it is the duty of O.Ps. to allow him the peaceful enjoyment of electricity. O.Ps. have got other lawful means to realize outstanding. It can never be considered as a wrong deed to stay with relations including father, in the same premises having separate flats. Accordingly, the case succeeds on contest without any cost or compensation.
Hence,
Ordered
that the interim order passed by this Ld. Forum is made absolute by way of directing the O.Ps. not to disconnect the electric line of the complainant as well as not to cause any inconvenience in the peaceful enjoyment of electricity to the complainant as long as he is paying his electric bill regularly.
