W.B.S.E.B vs SAKERA BEGUM

THIS appeal has arisen out of the judgment passed by the District Forum, 24- Parganas (S), on 17.7.2003 in Case No. 305/2002 wherein the Forum allowed the case on contest with cost of Rs. 500/- against the O.P. and directed the O.P. to rectify the bill dated 7.4.1999 treating the connection as ''Domestic'' category and give opportunity to the complainant to make payment of the sum within seven days from the date of receipt of the copy of the order. The O.P.-W.B.S.E.B. was also directed to restore the electric connection of the complainant within 15 days from the date of the order on condition that the complainant would pay all subsequent bills as raised by the O.P. The Forum also awarded compensation for a sum of Rs. 1,000/- in favour of the complainant. It was ordered that except restoration the remaining part of the order should be complied with by the O.P. within two months from the date of the order.

THE brief facts of the case of the complainant before the Forum were that being a consumer under the O.P.-W.B.S.E.B. in domestic category the complainant used to pay the electric bills regularly. But all on a sudden she received a bill on 7.4.1999 showing the category of consumption as ''Commercial'' instead of ''Domestic''. She lodged a complaint to the office of the O.P. on 6.8.1999 requesting correction of the bill but a notice dated 2.5.2000 was issued upon the complainant by the O.P. asking her to make payment of arrear bills for April, 1997, August, September, 1997 and 1.3.1998 totalling a sum of Rs. 726.77. THEreafter the complainant sent Lawyer''s notice to the O.P. for rectification of the bill but to no effect. THE O.P. disconnected the electric line on 25.6.2000. THEn she filed the case before the Forum below praying for direction upon the O.P. to rectify the bill from commercial to domestic and restore the electric connection immediately. Being dissatisfied with the above mentioned judgment the appellant-W.B.S.E.B. has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that the present respondent is a habitual defaulter of electricity bills. Her outstanding dues are approximately Rs. 50,700/- + Rs. 787/- upto September, 2001. It has further been submitted by the appellant that during inspection the W.B.S.E.B.-people noticed that the respondent was supplying energy to some shop owners in that premises from her meter. As she was using energy to the shops, the W.B.S.E.B. was compelled to raise bill under the commercial category instead of domestic. According to the appellant the judgment passed by the Forum below is erroneous, unjust and liable to be set aside.

On careful perusal of the record and hearing the submission of both the parties it is noticed by us that it is an admitted fact the respondent is a bona fide consumer under the appellant-W.B.S.E.B. under domestic category. But suddenly she received a bill on 7.4.1999 under commercial category. The appellant''s allegation was that she was supplying energy to the adjacent shop owners from her meter and it was detected during the inspection held by the W.B.S.E.B.-people. Thereafter the appellant issued the bill under commercial category. In this context we are to say that supplying energy to others without any consent of the licensee is highly illegal and in that context there is provision in the Indian Electricity Act for disconnection of service connection then and there or charging at penal rate. We have noticed that the appellant did not take step as per this Act. On the contrary the appellant raised the electric bill under commercial category which the appellant cannot do. Moreover the appellant cannot go beyond its own Act. There is no such provision in the I.E. Act that in case of supplying energy to other people without taking any consent from the licensee, the licensee can raise bill under commercial category suo motu. So the contention of the appellant is not at all acceptable. The appellant further submits that there are huge outstanding dues in the name of the respondent. The learned Counsel for the respondent submits that she is ready to clear off the entire dues if the appellant rectifies the bill from commercial to domestic. We are satisfied by the argument advanced by the respondent.

HENCE it is ordered that the appellant shall rectify the bill dated 7.4.1999 i.e., from ''commercial'' category to ''domestic'' category. After receiving such bill dated 7.4.1999 under ''domestic'' category the respondent shall pay the bill within 15 days. After payment of the bill which was issued upon the respondent on 7.4.1999 the appellant shall restore the electric connection of the respondent subject to payment of the reconnection charge as per the I.E. Act. In respect of payment of cost and compensation to the respondent by the appellant as awarded by the Forum below we are not inclined to impose the cost and compensation on the shoulder of the appellant and that part of the impugned judgment is hereby set aside. Be it mentioned the appellant is at liberty to demand the previous outstanding dues after restoration of the service connection. Therefore, the appeal is allowed in part on contest but however without any cost. The appeal is disposed of accordingly. Appeal partly allowed.