CESC Limited vs BHASKAR NATH CHATTERJEE

THIS appeal has arisen out of the judgment passed by the District Forum, Howrah, on 14.1.2004 in the case No. 194/2003, wherein the Forum below has allowed the case in part on contest with cost and directed the OP-CESC to refund the amount of Rs. 5,147.72 to the complainant along with the interest @ 12% p.a. from the date of payment of the aforesaid amount by the complainant till the date of refund in full by the O.P. The O.P. was further directed to pay cost of Rs. 300/- and compensation of Rs. 500/- to the complainant with a period of one month from the date of the order.

THE brief facts of the case of the complainant before the Forum below were that being a bona fide consumer under the CESC he used to pay the electric bills regularly. But in the bill for the month of March, 2003 an amount of Rs. 5,725/- was charged under the head of miscellaneous account. THE complainant was threatened by the O.P. that unless the bill is paid by the complainant the electric connection would be disconnected. So the complainant made full payment of Rs. 5,725/- under compelling circumstances. THEreafter the complainant filed the case before the Forum below praying for direction upon the OP-CESC to refund the amount of Rs. 5,725/- along with the interest of 18% p.a. to him and also prayed for cost and other reliefs. Being dissatisfied with the above mentioned order the CESC-appellant has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that it is an admitted fact he is a bona fide consumer under the CESC. The meter of Sri Kumud Bandhu Chaterjee, present respondent''s father was disconnected due to non-payment of bills. It has been submitted by the appellant that the present respondent is liable to clear off the dues of his father as there is nexus between the respondent and his father. On the whole he had cleared the dues of his father without raising any objection, so he is not entitled to get refund of the money.

On careful perusal of the record it is noticed by us that due to non-payment of dues of electric bill of the father of the present respondent for a sum of Rs. 5,725/- the electric connection of his father was disconnected by the CESC. It is an admitted fact that the respondent is a bona fide consumer under the CESC. The appellant-CESC claimed the outstanding dues of his father from his son (the respondent) by issuing the bill for the month of March, 2003 under Misc. head. The amount was paid by the respondent without raising any protest. During hearing the authorised representative for the respondent did not raise any question regarding the relationship between the two. Therefore, it is an admitted fact that the relation between the two was of the father and son. In our opinion there is a clear nexus between the respondent and his father and the respondent being the son of the defaulter father is liable to pay the outstanding dues of his father. As the respondent paid the entire amount of the outstanding dues as claimed by the appellant-CESC, the question of refund of the money does not arise.

HENCE it is ordered that the respondent is not entitled to get the refund of the money which he had paid as outstanding dues of his father. Regarding the payment of cost of Rs. 300/- and compensation of Rs. 500/- we are of the opinion that there was no deficiency in service on the part of the appellant as the CESC demanded its legitimate claim. So we are inclined to set aside the order of payment of cost and compensation.

THEREFORE, the appeal is allowed on contest and the impugned judgment passed by the Forum below is set aside. The appeal is thus disposed of. Appeal allowed.