WEST BENGAL STATE ELECTRICITY BOARD vs PAHARIMATA COLD STORAGE

THIS revisional petition is preferred by the West Bengal State Electricity Board against the order No. 2 dated 14.10.1993 in Complaint Case No. 56 of 1993 passed by the District Consumer Disputes Redressal Forum, Midnapore. In the said impugned order, the Id. President sitting singly passed an order restraining the appellant from disconnection of the supply line to the respondent''s cold storage subject to payment of Rs. 85,000/-against the inflated bill dated 5.10.1993 for Rs. 1,54,275/-, the said order is impugned in this present revision case. The respondent raised a preliminary objection that the revision has preferred under Section 17(b) of the Consumer Protection Act filed by the appellant is not maintainable as the order impugned passed by the District Forum, Midnapore is an appelable order.

HOWEVER, without going to the technicalities of the matter whether the impugned order is appealable or revisable, we hold that even if the impugned order is appealable then the revisional application be treated as an appeal under Section 15 of the Consumer Protection Act. The main defect of the order is that it has been passed and signed by the President alone who is one of the member of the District Forum consisting of three members. According to law the order should be signed atleast by two members out of 3 members in a bench constituted under the provisions of the Consumer Protection Act.

Due to said inherent defect in the order passed by the President as a sole member of the District Forum, it is a clear violation of the provisions of the law under the Consumer Protection Act and as such it could not be sustained.

IT is to be noted that the appellant taking advantage of the stay of operation of the order dated 14.10.1993 in Complaint Case No. 56 of 1993 passed by this Commission, the appellant has disconnected the supply line of the Respondent''s Cold Storage, thus causing irreparable loss and injury not only to the Respondent but also to the innumerable consumer who stored their seasonal products of potatoes at the pick up season. In essence, the order passed by the District Forum, Midnapore is not bad but due to technical defects as stated above it could not be sustained. But for the humanitarian cause, the appellant should not have disconnected the supply line of the respondent when the impugned bill is under subjudice and more than 50% of the impugned bill had already been deposited by the Respondents at the instance of the Forum. We condemn the actions of the appellant as the same are most inhumanitarian.

HOWEVER considering the facts and circumstances of the case we direct the appellant to restore the supply line to the Respondent''s cold storage at once forthwith and matter is remanded to the District Forum, Midnapore for fresh trial upon constitution of the proper bench at least consisting of the two members out of three. The appeal is disposed of accordingly without any order as to the cost. Ordered accordingly.