MANORANJAN SARKAR vs WBSEB

THIS appeal has arisen out of the judgment passed by the District Forum, Nadia, on 17.1.2002 in the Case No. 26/2001, wherein the Forum has dismissed the case on contest without any cost and directed that the O.P.-WBSEB is at liberty to realize the dues in respect of the Industrial meter connection either by way of defence in the title suit pending between Mr. D. Sarkar and the WBSEB or by filing a separate money suit against the defaulting subscriber and the O.P. was directed to refund the quotational money received from the complainant along with admissible interest within one month from the date of the order.

THE facts of the case of the complainant in a nutshell are stated hereunder. Being a permanent resident the complainant applied for domestic electric connection to the O.P.-WBSEB on 3.12.1998 and complied with all necessary formalities regarding getting new connection as required and as per direction of the O.P.-WBSEB. After inspection the O.P. had sent quotation on 3.12.1998, requiring him to make deposits of the requisite amount and accordingly on 7.4.1999 the complainant deposited the amount in connection with the service connection No. D/6044. Thereafter the WBSEB-people came to his premises for installation of domestic electric meter but surprisingly they did not instal the electric conneciton without assigning any reason. For such action on the part of the O.P., the complainant and his family members had to suffer a lot. Thereafter he filed the case before the Forum below praying for direction upon the O.P. to provide him with new domestic electric connection and also prayed for cost and compensation for harassment.

Being dissatisfied with the above mentioned order the appellant-complainant has preferred the present appeal before this Commission. The learned Counsel for the appellant has submitted for allowing the appeal.

THE learned Counsel for the respondent-WBSEB has submitted by filing w/o that the appellant and one Mr. Dinesh Chandra Sarkar were residing in the same premises having his service connection No. IND/190 with a load of 20 HP and the same was disconnected on 18.6.1998 in terms of the order of the Civil Judge (Junior Division), First Court, Krishnagar, dated 19.5.1998 for non-payment of outstanding dues amounting to Rs. 2,02,127 and for that reason the new connection as prayed for by the appellant could not be effected as per the Rules of the WBSEB. It has been further submitted by the respondent that the prayer of the appellant-Complainant for installation of new electric connection may be considered by the WBSEB if the outstanding dues amounting to Rs. 2,02,127 are deposited by the appellant against the disconnected industrial connection, which had been earlier installed in the same premises. THErefore, the appellant is not entitled to get separate electric connection in his name as well as other reliefs as prayed for. According to the respondent the Forum has delivered a well reasoned judgment which deserves to be affirmed. THE respondent has prayed for dismissal of the present appeal. On careful perusal of the record it is noticed by us that the present appellant and the defaulting consumer, Mr. Dinesh Chandra Sarkar, were residing in the same premises and consuming energy from the same meter which was in the name of Mr. Sarkar, said to be the uncle of the appellant. The electric connection of the uncle of appellant was disconnected on 18.6.1998 and thereafter the present appellant applied for installation of separate electric connection in his name on 3.12.1998. We have noticed that the present appellant purchased the premises from one Mr. Sinha Roy on 17.9.1984. It is curious enough to us that after purchasing the premises in 1984, the appellant applied for separate electric connection in 1998. In this respect one question arises that from which meter the appellant was consuming energy from 1984 to 1998. The Forum has rightly observed that the appellant was consuming electricity from the meter of his uncle and when the said meter was disconnected by the respondent due to non-payment of electric bills, the appellant applied for separate meter in his name. Therefore, in our opinion the appellant has to pay proportionate amount of the outstanding dues to the respondent-WBSEB before installation of separate meter in his name. Otherwise the respondent is directed to refund the quotational money received from the appellant together with interest @ 8% p.a. from the date of receipt of the amount will realization within one month from the date of getting of a copy of this order.

THEREFORE, the appeal is allowed in part ex parte and the judgment passed by the Forum below is modified to the above extent. The appeal is disposed of. A copy of this order is to be sent to the appellant immediately. Appeal partly allowed.