By : SMT BANDANA ROY, PRESIDENT

            The case of the complainant in brief is that the complainant applied for a domestic electric connection in January, 2016 being application No. 20002085471 and accordingly deposited the earnest money of Rs. 200/- on 09.01.16. 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 in the premises of Sri Murari Mohan Bhunia, the husband of the present petitioner and it was detected that said Murari Bhunia was stealing energy by dishonestly bypassing the energy meter No GX 010319 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. 435/15 dated 15.10.15 and a provisional assessment  bill was raised at Rs. 2,12,759/- only  and husband of the complainant herein acknowledged the same. The final assessment bill was issued after hearing on 05.11.15 for Rs. 1, 05,493/- but the accused did not pay the same 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 her husband in the same premises.

            Under the above premises the OP prays for dismissal of the complaint case with exemplary cost.

The point for determination is whether the complainant is entitled to get the relief or reliefs as prayed for.

                                                          Decision with Reasons.

         We have perused the complaint, the written version of the OP and the documents filed by the parties.  Admittedly the complainant is wife of one Murari Moihan Bhunia residing at village Rason PO Rason, PS Egra,Dist. Purba Medinipur. In the present case the complainant stated that she deposited a sum of Rs. 7095/-for taking electric connection  in the aforesaid 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 her husband committed theft  for consuming electricity dishonestly by way of tapping bypassing the main meter No. GXO 10319 against Consumer Id. No. 201484250 in his agricultural premises through PVC wire from the nearest LT service line of WBSEDCL causing considerable loss of revenue of the OP to the tune of 6.58 KVA for the agricultural purpose. OP further alleged that a theft was detected during inspection of the premises of the complainant’s husband and after removing the illegal hooking an FIR was lodged at Egra  PS  vide Case No. 435/15 dated 15.10.15. A provisional assessment bill was raised at Rs. 2,12,759 and it was acknowledged by the husband of complainant. A final assessment was issued after hearing on 05.11.15 for Rs. 1,05,493/- but husband of the complainant did not pay the same . For the reason no electric line was given  in the premises of the complainant as the entire facts was suppressed by the complainant while depositing Rs. 7095/- for taking electric connection in the same premises where the complainant’s  husband also resides.

       Ld. Lawyer for the complainant referred to a decision reported in 2013 (2) CPR 2 (WB) wherein it has been held  that duty of the Electricity Authority  to accept the application for separate meter. Ld. Lawyer for the complainant also referred to a decision reported in 2009 CPJ 502 . Ld. Lawyer for the  complainant also referred to a decision reported in 2008 CPJ 2 wherein it has been  held that WBSEDCL cannot claim outstanding due not lying in the complainant’s name -Deficiency in service proved- compensation and cost awarded by Forum -Award upheld in the Appeal.

         We have carefully gone through the decisions reported by the ld lawyer for the complainant and we are of the view that those decisions are not applicable in the  facts of the present case. Here, admittedly the complainant is wife of Murari Bhunia and reside in the same premises which is the alleged premises of stealing of energy by hooking from outside. There is no evidence that the complainant and her husband are living separately by reasons of any legal separation or anything else. The complainant could not deny that her husband was defaulter in payment of electric bills which was otherwise charged for consumption of electrical energy by illegal way. Admittedly a criminal case is pending and ld lawyer for the complainant argued that pending of a criminal case does not bar the complainant to file case before Consumer Forum. But there are several reported decisions that when there is an allegation of theft of energy and a criminal case is pending then Consumer Case is not maintainable. As the complainant is the wife of the alleged accused person and OP has taken the quotation money knowing fully well about the alleged fault of her husband the OP should supply the electric connection to the premises of the complainant but subject to payment of the outstanding due of electric bill by the husband of the complainant.

            Hence, it is

ORDERED

              That the complainant case No. 333/16 be and the same is allowed on contest against the Opposite Party without any order as to costs.

             The OP is directed to install electrical connection in the premises of the complainant subject to payment of outstanding dues by the husband of the complainant within one month from the date of this order failing which the complainant is at liberty to put this order into execution.

            Let copy of the judgment be supplied to all the parties free of costs.