W.B.S.E.B. vs JYOIRMOY MONDAL

THIS is an appeal by the West Bengal State Electricity Board against the decision of the Forum directing it to arrange for supply of electricity to the premises of the complainant subject to the observance of all the required formalities for the purpose and as per the rules of the Board.

THE complainant applied to the O.P. new electric meter as well as new electric connection to his premises. THE latter issued quotation and pursuant thereto the complainant deposited Rs. 900/- towards security deposit service connection charge and cost of the meter on 31.1.1998. An agreement was entered into by and between the parties on 8.2.1996. THE petitioner claims that he has completed wiring of the premises but the Board did not instal the meter or arrange supply of electricity to the premises. So he approached the Forum. The case was contested by the O.P. by filing a written objection wherein it has been contended that on inspection it was noticed that no wiring was completed though Test Form has been submitted by the complainant. The Board came to learn that there was a service connection in the name of one Smt. Reba Rani Ghosh in Industrial category and there was another connection in her name in commercial category. It has been further stated that huge amount is outstanding and the Board has instituted a case before a Civil Court for recovery of the amount and the said suit is still pending.

The Forum disposed of the case with the direction as hereinabefore stated.

AGGRIEVED thereby the Board has appealed. The complainant stated that he has completed wiring of the premises as per the direction of the Board which is however contradicted by the Board. It may be observed that these are the pre-requisites for supply of electricity to the premises and the complainant should observe all the formalities before installation is made by the O.P. The complainant has not disclosed his status in the disputed premises. O.P. has come with a case that there are two connections in the said premises standing in the name of Smt. Reba Rani Ghosh who has two connections; one in industrial category and another in commercial category and a huge amount is outstanding against her. The learned Counsel for the appellant submits that until and unless the arrears are cleared, service connection cannot be effected in the premises in question. He submits that they have instituted a civil suit against the said Reba Rani Ghosh for realisation of the amount of arrear bills and the said suit is still pending. In view of the circumstances, as stated above we think that this is a dispute which cannot be resolved by the Consumer Forum. The complainant claims that wiring has been completed which is denied by the Board. The complainant has not disclosed in which capacity he occupied the premises in question. A huge amount is outstanding against one Smt. Reba Rani Ghosh and a civil suit is pending for recovery of the dues. In the circumstances, we think that the Forum was not justified in decreeing the claim made by the complainant. Accordingly we allow the appeal and set aside the impugned judgment. Minority View : Mr. D. Karforma, Member-The facts of the appeal have been described in the order passed by the learned President and hence are not being repeated here. However, certain factual aspects need to be highlighted. These are as follows : 1. It is not correct to say that the complainant has not disclosed the capacity in which he occupies the premises in question. Even at the time of application for new connection, the complainant submitted several documents to the WBSEB which included a rent receipt. This is clearly evident from the acknowledgement receipt given by the WBSEB to the complainant on 8.7.1993 which is in the records.

Admittedly in the said premises there were two connections in the name of one Smt. Reba Rani Ghosh, who apparently has left leaving behind a large amount of outstanding electricity bills. However, there is nothing on record to show that there is any nexus between the said Reba Rani Ghose and the present complainant or that the present complainant was a beneficiary of the disconnected connections in the name of Reba Rani Ghosh. Secondly, WBSEB filed a civil suit against the said Reba Rani Ghosh for realisation of the amount of arrear bills in her name, but the said civil suit has since been dismissed for default.

On receipt of the application from the complainant for a new connection WBSEB asked him to complete certain formalities and also accepted an amount of Rs. 900/- towards security deposit, service connection charge and cost of the meter. Further an agreement was entered into by and between the parties for installation of a new meter. Thus WBSEB did proceed considerably in the matter of giving a new connection to the complainant.

From the above it is quite clear that the status of the complainant is not in dispute. He is a bona fide tenant and he submitted rent receipt at the time of making application for a new meter. During hearing also the complainant has submitted a few rent receipts. Moreover, it is quite unlikely that the O.P. without being satisfied about the status of the complainant proceeded considerably including acceptance of deposit in the matter of giving a new connection to the complainant and entered into an agreement to that effect. That being so the question remains as to whether the O.P. can withhold the new connection to the complainant on the plea of large outstanding dues in respect of the erstwhile occupier viz. Reba Rani Ghosh, who does not have any nexus with the present complainant nor was the complainant a beneficiary of the disconnected connections in the name of Reba Rani Ghosh. The O.P. have also not alleged that the complainant is the successor-in-interest of the said Reba Rani Ghosh nor is it alleged that the complainant has any statutory liability to pay the outstanding dues. The obligation to pay all the dues for consumption of electrical energy is personal. The remedy of the O.P. thus is against the defaulting consumer herself unless a contract is entered into by the concerned parties to the contrary. In terms of Section 24 of the Indian Electricity Act no charge is created in the premises where electricity is supplied and non-payment of bills is the personal liability of the consumer concerned. In this case the O.P. had adequate opportunity to take recourse to the provisions of Section 24 against Reba Rani Ghosh at the earliest opportunity. However, it did not proceed against her timely and diligently inasmuch as the civil suit instituted by it for realisation of dues was dismissed for default. This being the situation the present complainant cannot be made to bear the dues of the erstwhile occupier because of the laches of the O.P. Power under Section 24 can be exercised only in relation to a consumer. Hon''ble Supreme Court has categorically held that in terms of Section 24 of Indian Electricity Act the liability of the consumer cannot be thrust upon a third party, as reported in JT 1995 (2) SC 626.

In view of what has been discussed above it is held that the O.P. cannot deny connection to the complainant pending realisation of the dues of Reba Rani Ghosh from the complainant. I am aware that there exists some conflicting decisions of the Hon''ble High Court on this subject. However, reliance has been placed on the order passed by the Hon''ble Justice Satyabrata Sinha dated 20.4.1995 in the case of M/s. Sri Balasaria Construction (P) Ltd. v. CESC Ltd. & Ors., particularly keeping in view that no nexus between the present complainant and the said Reba Rani Ghosh has been alleged by the O.P. Reference may also be made to the order passed by Hon''ble Justice Kalyan Jyoti Sengupta on 10.9.1999 in W.P. No. 1988 of 1997 in which it has been held that one consumer cannot be saddled with the liability of another consumer.

In view of what has been stated above I find no reason to interfere with the impugned order of the Forum. Accordingly the impugned order of the Forum is affirmed and the appeal is dismissed on contest. The O.P. is directed to arrange for supply of electricity to the complainant subject to the observance of all the requisite formalities by the complainant as per the rules of the O.P./Board. The appeal be disposed of accordingly. Appeal disposed of.