CESC vs PRABHAT SUR

THIS appeal has arisen out of the judgment passed by the District Forum, Barasat, dated 14.11.2000, wherein the Forum allowed the complaint in part on contest and directed the O.P. to restore the service connection to the meter of the complainant within 10 days. The Forum also awarded a compensation of Rs. 2,000/- and a cost of Rs. 500/- in favour of the complainant.

BEING dissatisfied with the above order the CESC-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that there were outstanding dues in the name of his mother in the same premises, which he was bound to pay as there is nexus between them. During the course of hearing the Counsel for the appellant files a letter of the General Manager (Legal) of the CESC Limited, dated 4.4.2003, which shows that the complainant-respondent has already settled the defaulting consumer''s outstanding dues. It is further submitted by the appellant that the award of the cost of Rs. 500/- and compensation of Rs. 2,000/- is baseless and contrary to law as the electric line of the present respondent was disconnected due to non-payment of his mother''s dues as well as his dues also. Moreover the bills were raised according to the consumption of energy. According to the appellant the order for paying cost and compensation should be set aside as it is unjust and improper and there is also no deficiency in service on the part of the appellant in disconnecting the electric line due to non-payment of his mother''s dues. Perusing the record and the letter of the CESC it is noticed by us that the entire outstanding amount has been paid by the complainant-respondent. But in respect of the award of cost of Rs. 500/- and compensation of Rs. 2,000/- by the Forum below we are of the opinion that where was no deficiency of service in disconnecting the electric line due to non-payment of his mother''s dues, which he is liable to pay. So we are inclined not to impose the cost of Rs. 500/- and compensation of Rs. 2,000/- upon the appellant-CESC.

Hence it is ordered that the appellant shall restore the electric line of the respondent within 15 days of getting this order, if not already reconnected. The respondent shall pay the reconnection charge as per the I.E. Act, if not paid and the awards of cost of Rs. 500/- and compensation of Rs. 2,000/- as passed by the Forum below are set aside.

THEREFORE, the appeal is allowed ex parte in part and the judgment passed by the Forum below is set aside. The appeal is thus disposed of. A copy of this order is to be sent to the respondent immediately. Appeal disposed of.