Today is fixed for hearing of this M.A. case and for filing W/O by the op side.
Op has filed W/O.
Complainant side is found ready through ld. Lawyer and has filed one hard copy of SMS issued by WBSEDCL.
It is the main point of contention and argument of the complainant side that the WBSEDCL authority by sending SMS on 24.8.2022 at 1:32 pm is causing threat for disconnection of the electric line in respect of consumer ID no. 501700970 although the complainant has filed this case before this Commission on 6.7.2022 and for that reason there is necessity of issuing an order of injunction against the ops WBSEDCL authority so that the above noted electric connection is not disconnected.
On the other hand, the ops WBSEDCL authority is contesting this M.A. case by filing W/O. It is the main point of contention and argument of the op side that this C.C. case being no. 150 of 2022 which is filed by the complainant is not maintainable as billing dispute is involved in this case. Over this issue ld. Advocate for the op side referred the judgement of Hon’ble Apex Court which is passed by Division Bench of Hon’ble Apex Court in the case of U.P. Power Corporation Ltd. and others vs. Anis Ahemad on 1st July, 2013 and has been pleased to observe that billing dispute is not coming under the purview of Consumer Forum.
After going through the materials of the case record it appears that the ops WBSEDCL authority is adopting the plea that this case is not maintainable but regarding this matter no separate application of W/V has been filed by the op, WBSEDCL authority. Just on the basis of verbal argument of the ld. Advocate of op side it would not be just and proper for dismissing the above noted C.C. case and rejecting the prayer of the complainant for passing an order of injunction. The judgement of the Hon’ble Apex Court which has been referred by the ld. Lawyer of the op side is not applicable in this instant case as fact and circumstances of this particular case is otherwise. In this regard it is important to note that in this C.C. case no. 150 of 2022 only billing dispute is not involved but the complainant side also have alleged other factors such as threat of disconnection of the electric line. The documents which is filed by the complainant side is clearly depicting that there is threat on the part of WBSEDCL authority for disconnection of the electric line in respect of consumer ID no. 501700970. When there is a threat of disconnection of electric line it clearly indicates that there is urgency for passing interim order as per provisions of Section 38 (8) of the Consumer Protection Act, 2019.
However, considering facts and circumstances of this case this District Commission is of the view that an order of injunction in the form of maintaining status quo in respect of nature, character, possession and continuation of electricity subject to the payment of regular electric bills by the complainant would be just and proper order and it would not affect the interest of any side.
Considering all the above noted factors the parties of this case are directed to maintain the order of status quo in respect of nature, character, possession and continuation of electricity subject to the payment of regular electric bills by the complainant would be just and proper order and it would not affect the interest of any side till the disposal of this case.
In the light of the observation made above this M.A. case is decided in favour of complainant side and it is disposed of contest.
No order is passed as to costs.
