Order No. 12 dt. 04/09/2017
The case of the complainant in brief is that the complainant being a Mutawalli of Wakf Estate known as Sk. Main Wakf Estate as the properties situated at Pandua, Dist. Hooghly. The said estate consists of one mosque and one madrasa. The complainant thereafter stated that the said estate enjoying electricity provided by WBSEDCL, Chandannagar. There was no dispute raised by o.ps. with respect to the consumption of electricity by the complainant. The o.p. no.2 raised a bill of Rs.1,03,720/- towards the consumption for the months of Oct.- Dec. 2014. The complainant after receiving the said demand from o.p. no.2 filed a Writ Petition before the Hon’ble High Court and the Court directed the RGRO to pass a necessary order after hearing both the parties and accordingly, the said authority after hearing both the parties passed an order stating inter alia that there was lapse on the part of o.p. no.2 in claiming the amount from the complainant. Subsequently o.p. no.2 again sent a bill showing outstanding amount remained due to the tune of Rs.2,90,926/- from 27.1.16 to 27.12.16. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. so that the complainant do not have to pay the said electricity bill as well as for compensation and litigation cost.
The o.p. nos.1 and 2 contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that there is outstanding bill of Rs.1,01,631/- against the consumer no.163176841 and such amount has risen due to non payment of bills for the period of Oct. – Dec. 2014 and further in the said premises there is outstanding dues of Rs.2,90,926/- arisen out of pilferage of electricity. The said amount was asked by o.p. no.2 from the complainant for clearing the said amount, but instead of paying the said amount the complainant by virtue of suppressing material fact filed this case stating inter alia that the claim made by o.ps. was illegal. It was further stated that this Forum has no jurisdiction to entertain the case. It was stated by o.p. nos.1 and 2 that in a case disposed of by Hon’ble National Commission reported in Vol II 2015 CPJ 88 (NC) in respect of a case Walmik vs. MSDCL whereby it was held that no For a or any other court is empowered to decide such dispute relating to pilferage of electricity. On the basis of the said fact o.p. nos.1 and 2 prayed for dismissal of the case.
In spite of receipt of notice the o.p. no.3 did not contest this case by filing w/v and as such, the case has preceded ex parte against the o.p. no.3.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant had the electric connection with o.p. no.2?
- Whether o.p. no.2 is entitled to get the electricity bill from the complainant due to consumption of electricity by means of pilferage?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant is the Mutawalli of Wakf Estate known as Sk. Main Wakf Estate. It was found that during the period of Oct.- Dec.2014 a bill was sent by o.p. no.2 to the tune of Rs.1,03,720/-. Against such illegal bill sent to the complainant a Writ Petition was filed before the Hon’ble High Court and Hon’ble court directed the RGRO to dispose of the dispute. After hearing both the parties RGRO stated that there was a discrepancy with regard to the claim made by o.p. no.2. In spite of the said cancellation of the bill o.p. no.2 cannot raise the claim of the said amount and further claim of rs.2,90,926/- for the period from 27.1.16 to 27.12.16. The claim made by o.p. no.2 was made illegally and therefore ld. lawyer of the complainant prayed for allowing the prayer of the complainant.
Ld. lawyer for the o.p. nos.1 and 2 argued that in case of billing dispute this Forum has no jurisdiction. Apart from the said fact the properties whereby the electricity is consumed is not within the jurisdiction of this Forum as well as electricity supplied through Chandannagar Sub Division which is also not situated for disposing of the cases by this Forum, therefore the case should be dismissed on the ground of territorial jurisdiction. It was further stated that the complainant consumed electricity by means of pilferage for which notice was sent demanding the said amount from the complainant. The complainant by suppressing the entire fact filed this case which is not at all maintainable as well as ld. lawyer for o.p. nos.1 and 2 relied on a decision as decided by Hon’ble National Commission in respect of the judgment report in Vol II 2015 CPJ 88 (NC) wherein it was held that in case of allegation of pilferage of electricity no Fora should pass any order. On the basis of the facts and circumstances as stated above, o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it appears that the complainant claimed that he is Mutawalli in respect of Wakf property, but no document has been filed to that fact. The complainant himself was admitted that the Wakf property is enjoying electricity, but it is curious enough that the complainant could not file any document regarding the payment of electricity enjoyed by them. It is also pertinent to mention here that the complainant failed to show that they enjoyed the electricity by asserting of right by enjoying the electricity from the electric meter standing in their name, but no such document has been filed. Therefore it is well established that there was pilferage of electricity and the complainant enjoying electricity in such manner. Apart from the said fact in case of billing dispute this Forum has got no jurisdiction particularly when there was allegation of pilferage of electricity. In view of the facts and circumstances of the case we hold that the case filed by the complainant does not belong to the territorial jurisdiction of this Forum as well as this Forum has no jurisdiction in case of pilferage of electricity. Therefore, we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.47/2016 is dismissed on contest against the o.p. nos.1 and 2 and dismissed ex parte against the o.p. no.3 without cost. The interim order passed earlier is hereby vacated.
Supply certified copy of this order to the parties free of cost.
