State Consumer Disputes Redressal Commission
Prabirkumar Ghose vs Bhupendraprotap Singh on 11 August, 2015
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL 11A, Mirza Ghalib Street, Kolkata - 700087 Revision Petition No. RP/91/2014 (Arisen out of Order Dated 29/04/2014 in Case No. Complaint Case No. CC/244/2014 of District Howrah) 1. Prabirkumar Ghose S/o Lt. Provatkumar Ghose, 17/1, Bonbehari Bose Road, P.S./Dist. - Howrah. ...........Appellant(s) Versus 1. Bhupendraprotap Singh S/o Ramsevak Singh, 17/1, Bonbehari Bose Road, P.S./Dist. - Howrah - 01. 2. Dist. Engineer, CESC Ltd. Howrah Regional Office, 433/1, G.T. Road(N), P.S. Golabari, Dist. Howrah - 01. ...........Respondent(s) BEFORE: HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER HON'BLE MR. JAGANNATH BAG MEMBER For the Petitioner: Mr. Ramen Sadhukhan Mr. Rana Mallik , Advocate For the Respondent: Mr.Debesh Halder., Advocate Mr. Subrata Mondal., Advocate ORDER Dt. 11.08.2015 JAGANNATH BAG, MEMBER
The Revision Petition is directed against Order No. 1 dt.22.04.14 and Order No. 2 dt. 29.04.14 passed by the Ld. District Consumer Disputes Redressal Forum, Howrah in HDF Case No. 244/14.
In their order dated 22.04.14 , Ld. Forum below admitted the complaint in the matter of alleged disconnection of electric service by OP No.2/ Revisionist herein causing inconvenience to the Complainant and directed the OP No.1 to restore the connection of the suit meter within 48 hours with specific direction upon the said OP No.2 to give free access to the men and agents of the OP No.1 in restoring the connection.
Subsequently, Ld. Forum below , in their order No. 2 dated 29.04.2014, having observed that OP No.2 raised strong objection in the matter of restoration of the electric connection, directed the I.C. , Howrah P.S. to 'afford police help to the OP No.1 for restoring the electric connection as prayed for'.
Being aggrieved by and dissatisfied with the orders impugned the Revisionist / OP No.2 in the compliant case has come up before this Commission with prayer for direction to set aside the impugned order. The grounds for such prayer of the Revisionist , inter alia , are (1) that the orders were in the nature of final relief though 'narrow, pedantic , cabined and crippled' ; (2) that no notice was served upon the Revisionist giving any opportunity of hearing and (3) that the Complainant / OP No.1 herein has no right , title or interest in the property / premises of the Revisionist.
The point before us for consideration is whether the orders impugned suffer from material irregularity , legal infirmity and / or jurisdictional error.
The Revisionist having remained absent for consecutive dates, consequent to admission of his revision application , the matter has been heard ex parte.
Ld. Advocate appearing for OP No.1 herein / Complainant submitted that the Consumer Forum is vested under Section 13 (3B) of the Consumer Protection Act, with the power of passing such interim order as is just and proper in the facts and circumstances of any given case. The Complainant's grievance against the OP No.1/ Revisionist's high- handed act of causing disconnection of the electric service provided by OP No.1 herein was of grave nature and the Ld. Forum below while passing an order of admission was also pleased to take note of acute discomfort and intense hardship of the Complainant in the season of scorching summer and appreciating the plight of the Complainant passed an interim order of restoration of the disconnected service . Ld. Forum was just and fair in passing the order on 22.04.2014. Further, on 29.04.2014, Ld. Forum below being informed of the prevailing position, directed I.C., Howrah P.S. to afford police help to the CESC for restoration of the electric connection which was in the nature of an interim relief . There was no legal flaw in the order and accordingly, the present revision be dismissed.
Ld. Advocate appearing for OP No.2 herein / District Engineer, CESC Ltd., Howrah Regional Office, submitted that OP No.2 is very much willing and ready to restore the connection if their men and agents are given free access to the meter of the Complainant.
During hearing of the Revision Petition, Ld. Advocate of the OP No.1 herein / Complainant has submitted the following judgments:
Judgment of Hon'ble Calcutta High Court in SK. Asgar -vs- The State of West Bengal and Ors. as reported in (2010) 3 WBLR(Cal) 539.
Important Point: Electric connection can not change nature and character of property.
Order in MAT 147 of 2015 with CAN No. 1345 of 2015, Swapan Saha -vs- Rita Saha and Ors.
Judgment of Hon'ble Calcutta High Court in Manju Mukul Guha -vs-Pradip Kumar Mallick and Ors. as reported in 2000 WBLR(Cal) 533.
Important Point:- Electric connection is a basic requirement of modern life, not to affect the rights of parties.
Order of WBSEDCL in Santilata Mondal and Anr. -vs- Pradip Kanti Mondal and Ors. as reported in II (2009) CPJ 427 .
Important Point- Restraint order passed in dispute over property matters has no bearing in Complainant's prayer for having separate electric connection.
Decision with Reasons It is a fact that the Complainant/ OP No.1 herein had been enjoying electricity through a meter provided by the OP No.2 herein being the service provider. Allegedly, the Revisionist being the landlord of the Complainant disconnected the service line in an unauthorized manner. The root cause of the dispute lies in the alleged high-handedness of the Revisionist causing inconvenience to the Complainant. The Complainant filed a consumer complaint on 22.04.2013 and the complaint was admitted. Ld. Forum below having perused the petition of complaint issued such an interim order which was in effect the final relief as prayed for. No service return of the notice or written version was filed before the Ld. Forum below. Ld. Forum below sitting with the complaint was required to decide first if the same was a consumer complaint at all. Before issuing any direction , be it in the nature of interim order , Ld. Forum must see if the Complainant is a consumer and if the consumer has any complaint about defective goods / deficiency in service obtained or hired from the OPs for a consideration. Whether there is a case against the OP/CESC Ltd. has to be considered and examined . Such consideration can be effectively carried out if the OPs are called upon by issuing notice to appear and submit their respective version admitting or denying the allegation against them.
Section 13 (3B) of the Consumer Protection Act provides that where during pendency of any proceeding before the District Forum , it appears to it necessary , it may pass such interim order as is just and proper in the facts and circumstances of the case.
In the complaint case, Ld. Forum below passed the interim order on the very first day of its admission , that is , on 22.04.2013 and thereafter on 29.04.13, as rightly agitated over by the Revisionist, without being satisfied about the service of notice and submission of W.V. The orders suffer from legal infirmity and jurisdictional error. We are inclined to hold that the revision petition has got merit, and succeeds. Hence, Ordered That the revision petition be and the same is allowed. The impugned orders are set aside . Ld. Forum below is directed to proceed with the complaint case on the basis of its merit. No costs. [HON'BLE MR. DEBASIS BHATTACHARYA] PRESIDING MEMBER [HON'BLE MR. JAGANNATH BAG] MEMBER