By : SMT BANDANA ROY, PRESIDENT
The case of the complainant in brief is that the complainant applied for a domestic electric connection in November, 2016 being application No. 2001015912 and accordingly deposited the earnest money of Rs. 200/-. After enquiry the OP took Rs. 7095/- on 12.02.16 for effecting new connection but till date the OP did not supply the electric connection in her premises. Hence, this application before this Forum praying for the reliefs as per prayer in the complaint petition.
The OP contested the case by filing written version. It is the contention of this OP that one raid was conducted on 09.10.15 at 12.30 PM by the Station Manager of Egra CCC and other staff of that CCC in the premises of Sri Deepak Kumar Mishra, the present petitioner and it was detected that said Deepak Kumar Mishra was stealing energy dishonestly by way of hooking causing considerable loss to the Board. A theft was detected during the inspection and after removing and dismantling the illegal hooking from the nearby lTOH line FIR was lodged at Egra PS bearing case no. 433/15 dated 14.10.15 and a provisional assessment bill was raised at Rs. 2,25,366/- only and the complainant herein acknowledged the same. The complainant did not pay that amount but filed a writ petition before the Hon’ble Court vide WP No. 727(W) of 2016. As per order of the Hon’ble court a hearing was arranged on 17.05.16 at the Egra CCC and the 2nd final assessment bill was issued accordingly. But the complainant did not pay the said amount till date. It is further case of the OP that the complainant did not pay Rs. 200/- for new domestic connection. So that statement is false. The complainant deposited the quotation amount of Rs. 7095/- only suppressing the outstanding dues claimed against him in the same premises and the Egra PS case No. 433/15 against him for pilferage of energy.
Under the above premises the OP prays for dismissal of the complaint case with exemplary cost.
The points for determination is (1) whether the case is maintainable and (2)whether the complainant is entitled to get the relief or reliefs as prayed for.
Decision with Reasons.
Both the points are taken up together for consideration for the sake of brevity.
We have perused the complaint, the written version and the written notes on argument filed by the complainant and the documents filed by the parties. Admittedly the complainant is residing at village Rason PO Rason, PS Egra,Dist. Purba Medinipur. In the present case the complainant stated that he deposited a sum of Rs. 7095/-for taking electric connection in his domestic premises and OP received the amount which would be evident from the Annexure II of the complaint herein. Admittedly the OP did not give electric connection in the premises of the complainant for the reason that he committed theft for consuming electricity dishonestly by way of hooking from the nearest ITOH line of WBSEDCL in his agricultural premises through PVC wire causing considerable loss of revenue of the OP to the tune of 5 HP for the agricultural purpose. OP further alleged that a theft was detected during inspection of the premises of the complainants and removing the illegal hooking an FIR was lodged at Egra PS vide Case No. 433/15 dated 14.10.15. A provisional assessment bill was raised at Rs. 2,25,366/- and it was acknowledged by the complainant. A final assessment was issued after hearing on 05.11.15 but the complainant did not pay the final assessed amount. The accused/complainant filed a Writ Petition before the Hon’ble High Court being WP No. 727(W)2016.As per order of the Hon’ble Court the complainant was called for a hearing on 17.05.16 and the final bill was issued but the complainant did not pay the said amount to the OP. It is alleged that the complainant deposited the quotation fees by suppressing the fact of outstanding dues for pilferage of energy against him in case No 433/15 dated 14.10.15 in the same name and address.
According to the OP there is a rule of WBSECL that the Authority is not liable to effect service connection before realizing the outstanding dues claimed against the complainant.
It cannot be ignored that there are several decisions of the Hon’ble National Commission where it was observed that where there is a case pending against the complainant for pilferage of against him, on the said ground the complaint case is not maintainable. Accordingly there is no scope for going into the merits of the case and we therefore, hold that the case is liable to be dismissed.
Hence, it is
ORDERED
That the complainant case No. 334/16 be and the same is dismissed on contest against the Opposite Party .
Parties do bear their respective cost.
Let copy of the judgment be supplied to all the parties free of costs.
