C.E.S.C. Limited vs RUBY DUTTA

THIS appeal has arisen out of the judgment passed by the District Forum, Kolkata, Unit-I on 22.2.2001. Briefly the facts of the case are: the complainant is a consumer of electricity in respect of domestic connection and used to pay the electric bills regularly. But all on a sudden the electric line of the complainant was disconnected on 8.12.2000 by the O.P. The complainant made GD being No. 871 on 8.12.2000 for illegal disconnection. The complainant and the members of her family are suffering seriously for want of electricity. Thereafter the complainant filed the case before the Forum praying for a direction upon the O.P. to reconnect the line without any reconnection charges which has been illegally disconnected and to pay compensation of Rs. 50,000/- to him.

IN its order the Forum directed the O.P. to reconnect the electric line of the complainant at its own cost within seven days from receipt of this order. Being dissatisfied with the above order the C.E.S.C.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that there were two supplies in the name of another two consumers at the premises of the respondent and which were disconnected on 4.12.2000 by the appellant due to non-payment of bills for a considerable period. During inspection the appellant found that the above mentioned two defaulting consumers were enjoying electricity through the meter standing in the name of the present respondent. For this reason the appellant disconnected her electric connection on 7.12.2000. According to the appellant the impugned judgment is erroneous, just and liable to be set aside.

On careful perusal of the record, documents and L.C.R., we notice that being a domestic consumer under the appellant the respondent used to pay the electric bills regularly. But on 8.12.2000 the appellant disconnected the electric connection of the respondent arbitrarily and without showing any cause. On the same date the respondent lodged a GD with the local P.S. Entally being No. 871 against illegal disconnection. The appellant submits that the respondent was catering supply to the two defaulting consumers whose connection was disconnected on 4.12.2000 due to non-payment of bills. It is further submitted that according to the I.E. Act it is highly illegal to provide supply to the defaulting consumer. The learned Counsel for the respondent vehemently opposed this submission made by the appellant. The respondent submits that there was no outstanding dues in her name and she was not involved in any illegal activity, so the disconnection was definitely deficiency in service on the part of the CESC. We have observed that the disconnection was not made with prior notice and even after disconnection the appellant did not bother to let her know the cause of disconnection. The CESC kept itself mum without taking any steps. Regarding catering of supply the appellant failed to produce any evidence. As it is a mere submission, we are not satisfied with the contention advanced by the appellant. Even while the CESC found that the respondent was providing supply to the defaulting consumers unauthorisedly the appellant did not bother to lodge a complaint with the police station. So in our opinion disconnection without any reason obviously a deficiency in service on the part of the appellant and for this reason the appellant is bound to pay compensation of Rs. 500/- to the respondent. As the appellant-CESC disconnected the service arbitrarily and the respondent had no fault, she is not liable to pay the reconnection charge. The appellant is liable to reconnect it at its own cost.

HENCE it is ordered that the appellant shall reconnect the electric line of the respondent within 15 (fifteen) days of getting this order without charging the reconnection charges from her and the appellant shall pay Rs. 500/- to the respondent as compensation which may be adjusted against the subsequent bills. Therefore, the appeal fails on contest and the judgment of the Forum below is affirmed being modified to the above extent. Appeal dismissed.