w w w . L a w y e r S e r v i c e s . i n



M/s. C.E.S.C. Ltd. & Others v/s Vidya Bhusan Sharma


Company & Directors' Information:- CESC LTD [Active] CIN = L31901WB1978PLC031411

    First Appeal No. A/417/2018

    Decided On, 05 December 2019

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER & THE HONOURABLE MRS. DIPA SEN (MAITY)
    By, MEMBER

    For the Appellant: Proma Pal, D.B. Chowdhury, Advocates. For the Respondent: Debesh Halder, Advocate.



Judgment Text


Samaresh Prasad Chowdhury, Presiding Member

The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the instance of Opposite Parties to impeach the final order/Judgment Debtor being order No. 15 dated 26.02.2018 passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II (in short, ‘Ld. District Forum’) in Consumer Complaint No. 286 of 2017. By the impugned order, the Ld. District Forum allowed the complaint lodged by the respondent Sri Vidya Bhushan Sharma under Section 12 of the Act with the following directions which reproduces below:

“That the complaint is directed to clear the outstanding dues of Rs 9948/- with applicable interest and other charges, in 3 monthly instalments with side by side payment of regular monthly electricity bills and the amount of first instalment shall be Rs. 5000/- to be made within 30 days from the date of this order. Remaining two instalments shall be paid in equal amounts to be calculated by the OPs.

That the OPs are directed to reconnect the electric line of the consumer, Sri Madan Sharma as soon as the first instalment of outstanding dues of Rs. 5000/- is paid by the complainant. OP is further directed to arrange checking of the meter of the consumer bearing No. 3701935 within the stipulated time.

That the OPs are directed to pay to the complainant Rs. 5000/- as compensation for loss of business and troubles without electricity and Rs. 5000/- for litigation cost, within 30 days from the date of this order.

That the OPs shall have the liberty to again take action as per their rule for non-payment of outstanding dues by the consumer/complainant within stipulated time. The complainant shall also have the liberty to put the order into execution u/s 27 of the Act ibid, on failure of OPs to comply with the order in time.”

The respondent herein being complainant lodged the complaint before the Ld. District Forum asserting that he is a ‘consumer’ under CESC Limited, being Consumer No. 27075041006 which is commercial in nature for running the business for self-employment and the average consumption of the electricity comes to Rs. 700/- to Rs. 1200/-. The complainant was going on paying the same regularly. The complainant has stated that on 11.05.2016 the men of CESC Limited came to his premises and illegally disconnected the meter and handover a bill to him claiming an amount of Rs. 29,999/-. Finding no other alternative, the complainant paid a sum of Rs. 19,000/- but the disconnected line has not been re-connected. Hence, the respondent approached the Ld. District Forum with prayer for following reliefs, viz.- (a) to direct the Opposite Parties to restore the electric line of the complainant and to refer the disputed meter for testing; (b) to direct the Opposite Parties to pay compensation of Rs. 50,000/- for harassment and mental agony; (c) to direct the Opposite Parties to pay litigation costs of Rs.20,000/-

The appellant being Opposite Parties by filing a written version have stated that the complainant has suppressed the fact that dispute with regard to disconnection of electric connection to the meter standing in the name of Sri Madan Sharma is pending before the Hon’ble High Court at Kolkata and the said Madan Sharma has violated the order passed by the Hon’ble High Court at Kolkata in WP No. 12534 (w) of 2006 wherein the Hon’ble High Court passed an order on 18.05.2006 directing the users to deposit an amount of Rs. 3000/- every month towards meter consumption. The Opposite Parties have stated that as there was no deficiency in services on the part of them, the complaint should be dismissed with costs.

After assessing the materials on record , the Ld. District Forum by impugned order allowed the complaint with certain directions upon the Opposite Parties, as indicated above. To assail the said order, the Opposite Parties have come up in this commission with the present appeal.

Mr. D.B Chowdhury, Ld. Advocate for the appellants has submitted that the Ld. District Forum has failed to appreciate that Section 56 (2) of the Electricity Act, 2003 is not applicable in case of unauthorised/ theft of electricity and the Ld. District Forum has failed to appreciate that the allegation of unauthorised use of electricity under Section 126 of the Electricity Act, 2003 does not fall under the Act. Therefore, he has submitted that the Ld. District Forum has committed an error by allowing compensation of Rs. 5000/- and litigation cost of Rs. 5000/- to respondent.

Mr. Debesh Halder, Ld. Advocate for the respondent/complainant, an instruction has submitted that his client has no objection if the amount of compensation and litigation costs amounting to Rs. 5,000/- each aggregating Rs. 10,000/- be set aside and the said part of the order be excluded from the operative part of the order to that extent.

In that perspective, there is nothing left open for consideration in this appeal because the other part of the order as directed upon the respondent/complaint to clear the outstanding dues of Rs. 9,948/- with applicable interest and other charges in 3 monthly instalments it will not affect the appellants/OPs

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in any way. In view of the above, the impugned order is modified to the extent that the appellants/Opposite Parties shall have no obligation to pay the amount of Rs. 5000/- as compensation and Rs. 5000/- as litigation costs i.e. Rs.10,000/- in total. However, the other part of the order is maintained. With the above observations, the instant appeal stands disposed of. The Registrar of the Commission is directed to send a copy of the order to the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II for information.
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