C.E.S.C. Ltd. vs Nand Kishore Joshi

THE instant appeal is directed against the judgment and order dated 2.12.1993 in C.D.F. Case No. 2416/93 passed by the Ld. C.D.F. In the said order the ld. C.D.F. directed the appellant for re-connection of the electric line of the complainant on taking the reconnection fees of Rs. 20/- from each of the complainant failing which the order shall be executable and the violation on the part of the appellant shall be punishable under Section 27 of the Consumer Protection Act, 1986. That in the ground of appeal the appellant inter alia contended that the supply line of the complainants/respondents were not disconnected wrongfully and illegally. It is stated by the complainant that an inspection was carried out on 27th August, 1993 when it was found that it is a high rise building having both domestic meters and commercial meters. It is also stated that seals in the service cut out were tampered and the wiring of the electric lines were in dilapidated conditions and highly overloaded. It is further stated that the seals on the meter body were missing and terminal plates were tampered.

IT is alleged that the installation of the electric line of the Consumer did not comply with clause 6(1) 2nd proviso Sub-section (c) of the schedule of the Indian Electricity Act, 1910 as the main switch was coming out, of the wall and wiring installation was hanging loose. On such being the position the appellant disconnected the supply line on 27th August, 1993, the supply line of the complainant who are respondents in this appeal. IT is stated by the appellant that it : worked out the extent of electricity consumption which was undercharged due to unauthorized action of the complainants/respondents : and in money terms it was calculated at Rs. 37,862.96. The C.E.S.C. Limited, the appellant herein has given more suggestions as pre-conditions for restoration of the supply line of the complainants/respondents namely to submit a test form duly signed by the Licensed Electrical Contractor after repairing of the wiring installation and removing the unauthorized load, secondly to pay the reconnection charges of Rs. 20/- only by each complainant, thirdly, present outstanding for the month of August and September, 1993 amounting to Rs. 5,550.30 are to be paid. In addition to those Hind Art Press, Consumer No. 35031096009 has to pay Rs. 6,000/- including additional security and penal charges, M/s. Jagmohan Kalra, Consumer No. 35031107004 to pay Rs. 44,948/- as additional security, unmetered consumption including penal charges etc.

The appellant alleged that the forum without any application for judicial mind passed the order without taking into account the unauthorised and illegal abstraction of electricity which is a serious offence.

IT is further contended by the appellant that no notice can be served before disconnection of the supply line in the case of theft or pilferage of electricity as any prior notice will alert the unauthorised consumer who were consuming electricity illegally. The complainants/respondents have denied all the material allegations raised by the appellant in the Memo of Appeal. It further denied that there was no case of pilferage and/ or theft of electricity as alleged by the appellant. It is stated by the respondents that they have paid the regular bills of electricity consumption month by month as such they are not liable to pay any further electricity charges on the alleged ground of pilferage and /or theft.

IT is further contended by the respondents that the ld. C.D.F. applied its judicial mind in view of deposit of Rs.1,000/- by each complainant/respondents directed to restore their supply lines. IT is stated by the complainants/respondents that the allegation made in paragraphs 5, 6 and 7 are all absurd, irrelevant and bogus. IT is categorically denied that they ever abstracted any electricity illegally or wrongfully. The complainants/respondents alleged that as it was high rise building the meter board and the meters were kept unguarded for which some anti-socials of the localities might have broken the seals of the meter for which they are not at all liable and responsible. Accordingly the complainants/respondents prayed for dismissal of this appeal with cost. DECISION It appears that there is no allegation about defective or correctness of the meters in question. It is not disputed by the appellant that the current consumption bill for electricity were unpaid. The only allegations of theft and pilferage are mere conjectures on the part of the appellant without any basis whatsoever. The suggestion given by the appellant for payment of huge sum on account of alleged consumption of electricity due to unmetered consumption is also vague and based on surmises and conjectures. Accordingly demand made by the appellant is wrong and illegal. There is no cogent reason at all to claim for such huge sums on account of unauthorised consumption of electricity by complainants/respondent. Even the case of alleged theft or pilferage have not been proved by the appellant nor the appellant has made any F.I.R. for such alleged theft or pilferage nor they have started any legal proceeding against the complainants/respondents although the theft of electricity is a criminal offence.

AS the alleged bill for electricity consumption for Rs. 37,862.96 is wrong the question of payment for alleged outstanding of the said amount does not arise. The ld. C.D.F rightly observed and considering the facts and circumstances of the case awarded to restore the supply line of the complainants/respondents within 7 days after taking reconnection charges at Rs. 20/- from each complainant/consumer. Decision cited by the appellant in the case of Electricity Department, Government of Goa v. Nunes Enterprises reported in 1993 (1) CPR 185 does not apply in the instant case in view that the alleged consumption bills and demand made by the appellant is out and out wrong and illegal. The Appellant/ C.E.S.C. Ltd. ought to have restored the supply line of the complainants/ consumers on the basis of the order passed by the ld. C.D.F. and they could have settled the dispute of electricity charges on the basis of consumption of the past undisputed period of 6 months or they could have demanded electricity charges on the basis of consumption for the next 6 months subsequent to the restoration of the supply line of the complainants/respondents after keeping the meters and all arrangements in order.

IT is also curious to note that the appellant although visited the premises for taking meter reading of the respective consumers month by month but they never raised any dispute about dilapidated supply line and also overload and breaking of seals or theft etc. as alleged. So the allegation of the complainants/respondents about the overload, unauthorized abstraction dilapidated electric line theft etc. are not sustainable in the facts and circumstances of the case. Other decisions cited by the appellant could not be dealt with as they did not produce the books referred to during argument nor they supply any copies thereof to this Commission.

The decision in the case of Dharmatma Prasad Mishra v. Sub-Divisional Officer, Electricity and Another reported in 1992 (1) CPR 831 cited by the complainant, complainants /respondents, we observe that due to illegal disconnection of the electric line of the consumer, the National Commission affirmed the award of the District Forum to restore the supply line and also awarded compensation of Rs. 500/- on the respondents/complainants i.e. Sub-Divisional Officer, Electricity in the said case. But as we affirmed the order passed by the Id. C.D.F. in the circumstances, we are not inclined to impose compensation on the appellant although it was a fit case to award compensation upon C.E.S.C. Ltd. for illegal and wrongfully disconnection of the supply line of the complainants/respondents even without notice and without affording opportunity to the complainants to defend their case.

OTHER decision cited by the complainants/respondents can not be dealt with as the books have not been supplied at the time of hearing. In view of the aforesaid discussion, the appeal is dismissed on contest. We, affirm the judgment and order dated 2.12.93 passed by the Id. C.D.F. in C.D.F. Case No. 2416/93 and direct the C.E.S.C. Limited to restore the supply lines of the complainants/respondents within 7 days upon receipts of the re-connection fees of Rs. 20/- from each of the consumer. We further direct that the C.E.S.C. Limited would observe the electricity consumption of the respective consumer for the next 6 months on the basis of the correct meter to be installed at once and on the basis of such average consumption disputed claim in respect of individual consumer be settled accordingly. We award no cost of this proceeding. Appeal dismissed.