WBSEB vs GOUR PAUL

-THIS appeal has arisen out of an order passed by the District Forum, Uttar Dinajpur at Raiganj, on 25.11.2003 wherein the Forum allowing the case on contest directed the O.P.-WBSEB to pay a sum of Rs. 2,000/- by way of compensation and litigation cost to the complainant within one month from the date of the order. The Forum also has held that the payment of Rs. 219/- by way of first instalment of the disputed electric bill would be treated as full and final payment of the bill.

THE brief facts of the case of the complainant before the Forum were that being an authorized consumer of electrical energy under the O.P.-WBSEB he used to pay the electric bills regularly as per the recording and consumption of energy. But suddenly, the complainant received a bill on 7.1.2003 for the period of October, 2002 to December, 2002 showing 101 advance units of consumption and 200 units of adjustment units. Having failed to follow the term adjustment units he approached the department of WBSEB for clarification. He was asked to pay the entire bill and the department told him that otherwise the electric line would be disconnected. After few days the complainant sent an Advocate''s letter to the O.P.-WBSEB stating that the demand of the O.P. was illegal and without jurisdiction and also an example of deficiency in service on the part of the O.P. As the O.P. did not pay any heed, the complainant filed a case before the Forum praying for direction upon the O.P. for setting aside the illegal demand of the O.P. and also prayed for sum of Rs. 5,000/- by way of compensation to him. Being dissatisfied with the above mentioned order passed by the Forum the WBSEB-appellant has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that during inspection it was found that the present respondent had shifted the electric meter and the board unauthorizedly without he consent of the appellant in violation of the I.E. Act and for this reason as a matter of penalty 200 units were charged as adjustment unit was imposed in the monthly bill for period from October, 2002 to December 2002 as the Rules and Regulations of the Indian Electricity Act. It is submitted by the appellant that the respondent is bound to pay the penalty for such illegal action and the Forum has no authority to reduce the amount of penalty as fixed by the WBSEB. The appellant further submits that imposing of penalty upon the respondent for illegal action is not deficiency in service on the part of the appellant and as there was no deficiency of service award of compensation and cost against the Board was improper and unjust. According to the appellant the judgment passed by the Forum below is unjust, erroneous and liable to be set aside.

On careful perusal of the record it is noticed by us that the appellant submits that the present respondent had shifted his electric meter and the Board from one place to another without taking any consent from the appellant-WBSEB. For such illegal action penalty was imposed on the respondent and additional 200 units were charged adjustment units were included in the monthly bill for the period from October, 2002 to December, 2002 as per the condition No. 27 and Sub-clause No. (c) of the condition of supply. Perusing that relevant section we have noticed that such penalty can be imposed in case of damage to Board''s properties and continuous unauthorized interference with the Board''s properties. Undoubtedly it may be said that the meter and the meter board are the property of the WBSEB. It is true that without taking any permission of the appellant shifting of the meter and the board was not proper and justified. But perusing the condition No. 27(C) we are of the same view that such shifting will not come within the purview of the above mentioned condition. Moreover, the appellant failed to establish their allegation as well as their claim of penalty of 200 units shown in the impugned bill. It is also noticed by us that the case was elaborately discussed by the Forum and after hearing the both sides the Forum has come to a right conclusion regarding the payment of penalty charge and we are also at one with the view of the Forum in this respect. But regarding the award of compensation and other cost, we are of the opinion that the electric line was not disconnected by the appellant-WBSEB and on the whole the respondent was bound to take consent of the appellant-WBSEB before shifting the meter. Imposition of penalty was not deficiency of service on the part of the appellant and as there was no deficiency in service the question of awarding compensation and cost in favour of the respondent was not proper and justified. We are inclined to set aside the award of compensation and litigation cost of Rs. 2,000/-, as award by the Forum. The other portion of the judgment will remain unaltered.

THEREFORE, the appeal is allowed in part ex parte and the Forum''s judgment is modified with the above observations. The appeal is disposed of accordingly. A copy of this order is to be sent to the respondent immediately. Appeal partly allowed.