W.B.S.E.B. vs RABINDRA NATH HALDAR

THIS is an appeal arising against the judgment passed by the District Forum, 24- Parganas (South), dated 12.5.2003 and 5.5.2004. The case of the complainant in brief is stated hereunder.

THE complainant applied for a new service connection of electricity for his residence to the O.P.-W.B.S.E.B. After inspection a quotation was issued upon the complainant dated 12.9.2001, claiming Rs. 784/-. He deposited the said amount which was duly received by the O.P. But unfortunately in spite of fulfiling all the formalities, the O.P.-W.B.S.E.B. failed to instal the new meter till date. THE complainant enquired about the matter but he failed to get any result. THEreafter he filed a case before the Forum praying for direction upon the O.P. for installation of new connection in his name at his residence along with cost as litigation charge. Allowing the complaint on contest without cost the Forum directed the O.P. to instal new meter within one month from the date of the order and directed the complainant to fulfil all the formalities for installation of new electric meter as prescribed by the O.P.-W.B.S.E.B.

After passing of the order in the main case the complainant filed an execution case to execute the order of the Forum. In that case the executing Court was pleased to issue W/A against the Jdr. on 5.5.2004 and produce him before the Forum for trial.

BEING dissatisfied with the main order dated 12.5.2003 and execution case order dated 5.5.2004 the appellant-W.B.S.E.B. has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that upon inspection of the premises it was found that the earthing including wiring was incomplete and thus the appellant was not at all in a position to effect the service connection. It would result in a very serious accident affecting the premises as well as his neighbourhood. By issuing various letters the appellant informed the respondent that until and unless the formalities regarding earthing and wiring was completed the Board could not effect the service connection. In the said letters the respondent was further requested to give intimation to the appellant regarding completion of the same. But the respondent did not give any intimation to the appellant regarding completion of earthing at any point of time. So there was no fault on the part of the appellant in not giving connection inasmuch as the respondent himself did not fulfil his part of the obligations. It is further submitted by the appellant that the Forum below without applying its mind over the original order and facts and circumstances passed the impugned order dated 5.5.2004, whereby the Forum was pleased to issue warrant of arrest against the Station Manager of the concerned supply station of the appellant. According to the appellant the above mentioned two orders are improper, unjust and liable to be set aside. On careful perusal of the record and documents it is noticed, by us that on 12.5.2003 the Forum passed an order directing the complainant-respondent to fulfil the requisite formalities for installation of new service connection and W.B.S.E.B. was directed to provide new electric connection without fail within a month. On 19.9.2003, 9.12.2003 and 13.12.2003 with prior intimation to the present respondent the appellant inspected the premises and found that in spite of repeated instructions he neither shifted the meter box to a suitable place, nor did he complete earthing for the service line, which poses serious hazard to human life and it is a must according to the I.E. Act. It is further submitted by the appellant the electrician of the respondent was not present with testing equipment at the time of installation of the meter and for these reasons service connection could not be effected in the premises of the appellant. We have noticed that the appellant demanded outstanding dues of Rs. 22,760.36 of another consumer from the present respondent in that same premises and the respondent undertook to pay the same in six equal monthly instalments. So in our opinion he is liable to pay those dues.

HENCE it is ordered that the appellant shall instal new meter in the name of the respondent at his premises within ten days (10) of getting this order subject to compliance with the necessary formalities i.e., earthing, wiring, shifting of the meter box, etc. as stipulated by the appellant-W.B.S.E.B. As the respondent undertook to pay the outstanding dues of another consumer, he shall pay the same as agreed to by him. Therefore, the appeal is allowed on contest and the impugned orders dated 12.5.2003 and 5.5.2004 passed by the Forum and the Executing Court below are set aside. The appeal is disposed of accordingly however without any cost. Appeal allowed.