W.B.S.E.B. vs KEDAR CHANDRA DAS And SIX

THIS appeal has arisen out of the judgment passed by the District Forum, Midnapore, dated 7.8.2002, wherein the Forum directed the O.P. to restore the service connection of the complainants within 30 days from the issue of the order.

THE brief facts of the case of the complainant are that he and other six consumers made petition for shifting of the defective transformer and restore electric connection without demanding the price of the new transformer. THE consumers filed a case before the Forum praying for direction upon the O.P. not to demand the charge of electricity during the non-functioning period of the transformer which started from February, 1990 till replacement. Being dissatisfied with the above order the appellant-WBSEB has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the Forum has got no jurisdiction to adjudicate the matter when it has been decided by the State Commission on the self-same cause of action. According to the appellant the order passed by the Forum below is erroneous, unjust and liable to be set aside.

The respondents pray for dismissal of the appeal by filing w/s and affirming the judgment passed by the Forum below.

PERUSING the document and record it is noticed by us that this Commission passed an order in S.C. Case No. 20/R/1999 dated 5.2.2001 wherein it has held that regarding payment of arrear bills, the Board may realise arrear bills if there be any in accordance with the law and reconnection is to be done upon verification, if it is found that no arrear bill is outstanding. The learned Counsel for the appellant files some documents before the Commission, which show that there are outstanding dues in the name of the present respondents and the electric line was disconnected by the appellant upon prior notice. Hence it is ordered that the present respondents shall pay the outstanding dues within 15 days of issuing the bill upon them. The appellant shall raise bills in this regard upon the present respondent. Within 10 days of the payment of the outstanding dues by the respondents the appellant shall restore the electric connection of the respondents.

THEREFORE, the appeal is allowed on contest and the impugned judgment passed by the Forum below is set aside. The appeal is disposed of accordingly. Appeal allowed.