C.E.S.C. Ltd. vs KUMARPARA TEXTILE MILLS PVT. LTD.

HEARD learned Lawyers for the appellant. Nobody turns up for the respondent. The appeal is directed against order dated 26.11.1999 whereby the Forum directed restoration of the service of electricity to the factory of the complainant within certain period, with a further observation that the CESC would raise A/c Bill for August, 1996 as per meter reading that stood at the time of disconnection allegedly done on 27.8.1996. Learned Counsel appearing for the appellant submits that this is a case of pilferage of electric energy consumed by the complainant by artificial device and the outstanding bill for unmetered consumption amounted to Rs. 80,000/-. He submits that the officers of the CESC detected the theft of energy and lodged an F.I.R. with the police and then disconnected the electric connection. Subsequently, they have raised demand for 80,000/- for unmetered consumption and other charges. He has drawn our attention to the provisions contained in Clauses 28, 29 and 30 of the ''conditions of supply'' framed by the CESC with the approval of the Government of West Bengal. The argument is that because of these conditions, the complainant may seek remedy before the Authority prescribed thereunder. According to him, the Forum was not justified in entertaining the dispute and passing the direction as above. He finds substance in the contention raised by the learned Counsel for the appellant and thinks that the Forum erred in adjudicating the dispute. The Forum ought to have referred the complainant to take recourse to the Authority prescribed under the ''conditions of supply''. In that view of the matter, we think that the judgment of the Forum cannot be sustained which is hereby set aside and the appeal be allowed ex-parte. Appeal allowed.