State Consumer Disputes Redressal Commission
Cesc Limited, Deputy Manager, Loss ... vs Akbori Begum on 13 August, 2010
State Consumer Disputes Redressal Commission State Consumer Disputes Redressal Commission West Bengal BHABANI BHAVAN (GROUND FLOOR) 31, BELVEDERE ROAD, ALIPORE KOLKATA 700 027 Case No-RC/85/2010 Date Of Filing : 16.07.2010 Date Of Final Order: 13.08.2010 PETITIONERS: 1. CESC Limited, Deputy Manager, Loss Control Cell, CESC House, Chowringhee Square, Kolkata-700 001. 2. Deputy Manager, Loss Control Cell, Todi Mansion Kolkata- 700 001. OPPOSITE PARTY : Akbori Begum, W/o, Md. Hossain, 32/H/4, Beckbagan Row, 2nd Floor, Kolkata- 700 017. BEFORE: HONBLE MEMBER :
Smt. Silpi Majumder.
MEMBER : Sri. Shankar Coari.
FOR THE REVISION PETITIONERS : Sri. Srijan Nayek, Advocate.
Sri. Aloke Mukhopadhyay, Advocate.
FOR THE OPPOSITE PARTY : Sri. Debesh Halder, Advocate.
-ORDER-
S. Majumder, Member.
This Revision Petition has been directed being aggrieved by the interim order passed by the Ld. District Forum, Kolkata, Unit-II, on 02.07.2010, in the case no-194/2010, wherein the Ld. Forum below has directed the OP-CESC to restore the electric line of the Complainant at her premises within two days on and from the date of communication of the order and the Complainant was also directed to comply with the formalities including reconnection charges, if any to the OP-CESC for reconnection of the electric line in question.
During hearing of the Revision the Ld. Counsel for the Revision Petitioner has submitted that due to theft of electrical energy the electric connection of the Complainant was disconnected and the CESC has raised a bill amounting to Rs.6,919/- as assessed by the CESC towards unauthorized use of electricity. Against the said claim the Complainant approached before the Honble High Court, where Their Lordship Justice P.K. Chattopadhyay directed the Complainant to pay a sum of Rs.3,000/- towards the said assessed claim along with MRC and RC. Both parties have argued that in compliance with the said interim order the Complainant paid a sum of Rs.3,000/- on 10.10.2006 and accordingly the electric connection was restored on 12.10.2006. But as the complainant has not paid the balance amount in the meantime the electric connection was again disconnected on 20.03.2010. Thereafter the OP-CESE-Revision Petitioner requested the complainant to pay the balance amount of Rs.3919/- along with other applicable charges including interest as accrued thereon and to comply with other formalities in accordance with law, in order to enable them to restore her electric connection. But without making any payment towards the balance amount and etc the OP-Complainant has preferred the complaint before the Forum below and obtained an interim order. The Ld. Counsel for the Revision Petitioner has submitted that until and unless the balance amount along with other requisite charges are paid the CESC is not in apposition to restore the electric connection of the OP-Complainant. During hearing the Ld. Counsel for the OP has submitted that the Complainant-OP is ready to pay the balance amount of Rs.3919/- along with the reconnection charge to the CESC and the OP has prayed for direction upon the Revision Petitioner-OP to restore electric connection with 48 hours from the date of payment of the balance amount along with reconnection charge. The OP-Complainant has also stated that there are no other outstanding dues in respect of her electric connection.
Therefore hearing the above-mentioned submissions advanced by the parties we are inclined to direct the OP-Complainant to pay the balance amount of Rs.3919/- along with reconnection charge to the OP-Revision Petitioner-CESC within seven days from the date of receipt of the certified copy of this order and the CESC shall restore the electric connection of the Complainant-OP within seven days from the date of deposit of the said amount to the CESC. Hence it is ordered that the Revision Petition is allowed on contest without any cost and the interim order passed by the Ld. Forum below is hereby set aside.
Sri. Shankar Coari.
Smt. Silpi Majumder.
(Member) (Member)