W.B.S.E.B. vs VRIGUPADA BISWAS

BOTH sides are present through their respective Counsels. The present appeal has been preferred against the decision of the Forum dated 17.12.1998 with certain directions upon cancellation of electric bills for certain period. The Forum directed the present appellant to raise fresh bills for the periods in question taking consumption of electricity @ 21 units per month. The learned Counsel for the appellant submits that the order of the Forum is totally erroneous. He contends that the Forum has no power to cancel the bills. According to him the proper course should have been to refer the dispute to the Chief Electrical Inspector for adjudication especially in the face of the position that there was defect in the meter. The learned Counsel for the respondent submits that the opposite party did not take any objection before the Forum that the meter was defective resulting in alleged excessive billing. He submits also that on the contrary the case of the opposite party, before, the Forum was tampering of meter. After having heard the learned Counsel for the parties at length we deem it appropriate to pass following order : Order

LET the matter be referred to the Chief Electrical Inspector, W.B. for adjudication. The said authority is directed to adjudicate the matter within the period of 3 months from the date of communication of the order to him. In the event the said authority notices that excess billing has been done, the amount thus found realised in excess would be adjusted from the subsequent bills. In the meantime, the complainant would go on making payment of current bills as may be raised from time to time and the electric connection of the complainant would not be interfered with for non-payment of disputed bills till the decision of the CEI, WB is given. In view of the aforesaid order the judgment appealed against is set aside. Appeal allowed.