DATE OF FILING : 16-01-2012.
DATE OF S/R : 20-02-2012.
DATE OF FINAL ORDER : 30-04-2012.
Sri Sukhendu Khara,
son of late Prokash Chandra Khara,
resident of 172/2, Netaji Subhas Road,
P.O. Khurut, P.S. Bantra,
District. Howrah,
PIN. 711101. COMPLAINANT.
Versus -
1. The District Engineer,
CESC Limited, Howrah Regional Office,
433/1, G.T. Road ( N ),
Howrah. 7111 101.
2. The Senior Manager,
Loss Control Cell, CESC Ltd.,
Eastern Building, 15/1 Chowringhee Square,
Kolkata. 700069.
OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Smt. Samiksha Bhattacharya.
Member : Shri P.K. Chatterjee.
F I N A L O R D E R
1. In filing the instant complaint U/S 12 of the Consumer Protection Act, 1986 since amended, the complainant, a beneficiary / legal heir of late Prokash Ch. Khara, has prayed for a direction upon the o.ps. for restraining them from disconnecting electric connection from the suit meter and for a compensation and damages to the tune of Rs. 50,000/- and for litigation costs.
2. The father of the complainant late Prokash Chandra Khara, since deceased was a bonafide consumer under the o.ps. CESC Authority vide Consumer no. 58042046002, meter no. 2990250 of 172/2, Netaji Subhas Road, P.O. Khurut, P.S. Bantra, District. Howrah, PIN. 711101. After the death of Prokash Chandra Khara the present complainant Sukhendu Khara has been consuming electricity through the said meter and has been paying the bills regularly with no default. The commercial connection standing in the name of the complainant Sukhendu Khara vide consumer no. 58042046011, meter nos. 3491798 and 3516580 was disconnected on 18-05-2009 for alleged unauthorized use of electricity and a sum of Rs. 1,12,033/- was raised against the complainant on the self same date i.e. 18-05-2009. To realize the said amount from the complainant, o.ps. have been threatening to disconnect the domestic connection which still stands in the name of the father of the complainant Prokash Chandra Khara.
3. The O.P. nos. 1 and 2, CESC Authority in filing written version contended interalia that the company has legal right to realize its dues of defaulting consumers from new and subsequent consumers, if a nexus between the previous and defaulting consumers in respect of same premises is proved ; that in this case the previous consumer was the father of the present complainant ; that the complainant is also guilty of using the supply of electricity which stands in the name of his deceased father and his supply of electricity is liable to be disconnected for such illegal activity.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. In the instant case the domestic meter still stands in the name of Prokash Chandra Khara, the father of the present complainant. The bill is being paid regularly with no default. The CESC Authority being the service provider cannot disconnect the electricity in a highhanded manner in gross violation of natural justice. If the complainant is guilty of using the same meter for his domestic purpose without mutating or correcting the name of the original consumer, it is the duty of the CESC Authority to correct the name of the present complainant whenever he prays for such correction. As the relation between the present complainant of the CESC Authority got soured up since 18-05-2009 and for non realization of the bill to the tune of Rs. 1,12,033/- for alleged pilferage in the consumer meter, the complainant did not dare in filing such prayer before the Authority. Even if the name of the father is not deleted and his name is not corrected as the new consumer of the domestic supply, the complainant cannot be branded a guilty consumer or the consumption of electricity through this meter cannot be called an illegal activity. This is because Section 2(1)(b))v) enjoins that in case of death of a consumer, his legal heir or representative can make complaint before this Forum. Furthermore Section 13(7) C.P. Act provides the procedure to be adopted in the event of death of a complainant.
6. If non realization of the outstanding bill amount to the tune of Rs. 1,12,033/- as consumed through the commercial meter is the bone of contention, the remedy for recovery of such penal amount has been provided in Section 170 of the Electricity Act, 2003. It is stated there in no uncertain terms any penalty payable by a person under this Act, if not paid, may be recovered as if it were an arrear of land revenue.
7. In gross violation of the norms and rules as enjoined in the statute ( Electricity Act 2003 ), the CESC Authority cannot be permitted to adopt an autocratic attitude of squeezing a bonafide consumer ( domestic consumer ) by oppression and threat, which tantamounts to a complete departure from the principle of natural justice and fair play.
In the result the complaint succeeds.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 3 of 2012 ( HDF 3 of 2012 ) be allowed on contest with costs against all the O.Ps.
The O.Ps. are hereby restrained from disconnecting the electric connection from the suit meter, more fully described in the schedule of the complaint, otherwise than in due course of law.
The o.ps. be further restrained from causing any illegal obstruction, interference and disturbance in the peaceful enjoyment of electricity by the complainant from the suit meter.
The complainant is entitled to a litigation cost to the tune of Rs. 5,000/-.
The complainant be directed to file proper application for change of tenancy in his name as the consumer of the domestic supply in stead of his deceased father before the o.ps. and the CESC Authority on receipt of such application shall act in accordance with law as expeditiously as possible.
The complainant is at liberty to put the decree into execution after the expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
