W.B.S.E.B. vs MANOJ ADHIKARY

THIS is an appeal arising against the judgment passed by the District Forum, Midnapore dated 26.5.2003. The fact of the case of the complainant is that his electric meter went out of order and electric bills on the basis of average consumption were served upon him. On pointing out defective nature of the disputed meter he was asked by the OP to deposit Rs. 500/- towards the cost of replacement of the defective meter by a new serviceable one. It has been alleged by the complainant that even after deposit of the said amount for replacement of the meter the O.P. did not supply him a new meter but continued to raise average bills which according to the complainant were highly inflated and without any basis. THIS action of the O.P., according to the complainant, is deficiency in service under Section 2(1)(g) of the C.P. Act. As he was served average bills for the period from February, 2002 to October, 2002 amounting to Rs. 5,027/- he did not make any payment and, therefore, the O.P. served disconnection notice. The complainant raised objection to the effect that serving of bills on average basis was illegal in view of the fact that necessary deposit of Rs. 500/- had already been made for providing a new meter. Since the O.P. failed to provide a new serviceable and defect- free meter in place of the defective one, the O.P. had no right to send disconnection notice. Ultimately the complainant filed the case praying for direction upon the O.P. to provide a new meter along with revision of the average bills already served upon him. Since the action of the O.P. was highly illegal and the complainant suffered from mental agony, the complainant soughts be compensated as per rule.

IN its judgment the Forum directed the O.P. to restore the electric service line of the complainant within 7 days from the date of deposit of first instalment for a sum of Rs. 1,775/- by the complainant. The complainant was directed to pay the balance amount in two instalments as per date fixed and the OP was further directed to pay a sum of Rs. 1,000/- to the complainant by way of cost and compensation. Being aggrieved by the above order the appellant/WBSEB has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that WBSEB disconnected the electric connection of the respondent as per the Electricity Act as he was a defaulter in respect of the regular monthly bills. So the question of compensation does not arise in this context. According to the appellant the order of the Forum below is illegal, unjust and liable to be set aside.

It is evident from the memo of appeal and subsequent argument and counter argument placed before the Commission, that the meter of the respondent which was installed in his premises was not working properly. So the respondent was asked to deposit a sum of Rs. 500/- for installing a new meter in place of the defective one. The respondent paid the claimed amount to the WBSEB but the appellant did not care to replace the defective meter by a new, defect free one and continued to serve bills upon the respondent on average basis. The respondent did not pay those bills on the ground that the same were illegal and inflated also. Then the appellant/WBSEB disconnected his electric connection for non-payment of his bills as per its law. The complainant''s another grievance was that inspite of his payment of a sum of Rs. 500/- for replacement of the defective meter by a new one the appellant did not bother to fulfil its duty. In this respect the learned Counsel for the appellant refers to the Section 26(6) of the Indian Electricity Act.

WE have carefully gone through the Section 26(6) of The Indian Electricity Act, 1910, which states that, "Where any difference or dispute arises as to whether any meter is not correct, the matter shall be dicided, upon the application of either party, by an Electrical Inspector, and where the meter has, in the opinion of such Inspector ceased to be correct, such Inspector shall estimate the amount of energy supplied to the consumer.....". Going by the foregoing discussion we deem it appropriate to pass the following order: The dispute between the two parties is pertaining to the defective meter and disputed average bills and also restoration of the electric connection which was disconnected for non-payment of bills. As the payment of cost of the new meter has already been made by the respondent, the appellant shall replace the defective meter by a new and defect free one immediately. Regarding restoration of supply, we are of the opinion that the respondent shall pay the first instalment of Rs. 1,775/- to the WBSEB and thereafter WBSEB/appellant shall reconnect his electric connection within 15 (fifteen) days of the payment of the said instalment. The defective meter and the disputed bills in question are to be referred to the CEI, West Bengal for adjudication. The cost of testing the meter will be borne by the appellant. CEI would do well to dispose of the matter expeditiously preferably within a period of three months from the date of reference. Be it mentioned that the decision of the CEI regarding the bill amount for the disputed period and defective nature of the meter will be binding on both the parties. The order of the Forum regarding payment of cost and compensation of Rs. 1,000/- is set aside. The appeal is allowed on contest in part and the Forum''s order is modified as stated detailed above. The appeal is disposed of accordingly. Appeal disposed of.