Challenge in these proceedings is to the order dated 23.12.2009 passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (For short, ‘the State Commission’) in First Appeal No. 361 of 2009. By the impugned order, the State Commission has allowed the appeal filed by the West Bengal State Electricity Distribution Co. Ltd. (opposite party in the complaint) against the order dated 31.7.2008 passed by the Consumer Disputes Redressal Forum, Nadia in complaint case no. CC/09/17 by which order, the State Commission has disposed of the complaint on an undertaking given by the complainant to pay off the entire arrears of amount in easy installments as a condition for restoration of the electricity connection which was disconnected earlier. In fact, the West Bengal State Electricity Distribution Co. Ltd. having consented to the said restoration of electricity on that condition was not entitled to challenge the said order by way of appeal before the State Commission. We have carefully perused the order of the State Commission and have heard Mr. S.K. Mohanty, Amicus Curiae appointed to assist this Commission in the matter but not had the opportunity to hear the say of respondent as they remained unrepresented despite  due service of notice through registered A.D. Post.

2.      Mr. Mohanty, Amicus Curiae would assail the impugned order primarily on the ground that it is not at all in conformity and in consonance with the established legal position and the State Commission had misdirected itself by allowing the appeal based on a decision of Supreme Court in the case of Civil Appeal No.7687/2004 [2009 CTJ 1062 (SC) (CP)].  We find force in his contention because the said decision of Supreme Court was rendered with special reference to the provisions of the Indian Telegraph Act which provided a mandatory statutory arbitration  for the settlement of dispute between the service provider, i.e., the telegraph authorities and the subscriber of the services. The State Commission has grossly erred in relying and acting upon the said decision and in setting aside the order of the District Forum which was primarily passed with the consent of the parties. The impugned order is legally unsustainable and is liable to be set aside. Learned Amicus Curiae states that pursuant to the undertaking given by the complainant petitioner, the petitioner has deposited more than Rs.24,000/- towards the arrears payable by him and he is also prepared to pay the balance amount as per the undertaking given by him before the District Forum.

3.      In the circumstances, while allowing the petition, we set aside the impugned order passed by the State Commission and restore the order passed by the District Forum, Nadia with the direction to the respondent – West Bengal State Electricity Distribution Co. Ltd. to restore the disconnected connection of the complainant petitioner within a period of two weeks from today. The balance amount payable as arrears shall be paid by the complainant within a period of three months in three equal installments.  Before parting with the order, we would appreciate the service rendered by the Amicus Curiae and would direct the Registry to disburse a sum of Rs.5,000/- to him as out of pocket expenses. Dasti copy of this order be given to learned Amicus Curiae. Petition stands disposed of.