P.K.CHATTOPADHYAY,MEMBER - (1.) THIS appeal arose out of D.C.D.R.F. Case No. 31 of 2003 in Hooghly District where the complainant "alleged that they are joint consumer of domestic electricity having meter No. 2891772M and 2326114K under CESC Ltd., G.T. Road, Mahesh Serampur, Hooghly, OP No. 4. They had no outstanding legal dues but all on a sudden their service line was disconnected by the O.P. No. 4 on 31.1.2003 illegally and without notice. Consequently they have come up to this Forum for restoration of the service line".
(2.) THE O.P. in the Forum below namely the C.E.S.C. Ltd. in its W.O. contended that "the complainants as consumers but asserted that their service line was disconnected as the petitioners were illegally supplying electricity through the disconnected service line of Sk. Hafizuddin and Sk. Maniruddin their husbands after gaining access to the meterig system and thereby committed an offence of theft under Section 39 of the Electricity Act. Consequently their service line was disconnected as per rules. There is no merit in the case and as such the case be dismissed".
(3.) THE learned Forum below after hearing both sides ordered that "CDF case No. 31 of 2003 is allowed on contest but wtihout any cost: OP No. 4 District Engineer, CESC Ltd., G.T. Road, Mahesh, Serampur is directed to restore the supply line to the petitioners within 7 days on receipt of all legal dues under the provisions of conditions of supply as amended and according to their rules. The O.P. is directed to submit the legal outstanding dues including disconnection and reconnection fees within 15 days from the date of receipt of the order". Being aggrieved and dissatisfied with the impugned judgment and order of the learned Forum below, the O.P. in the Forum namely C.E.S.C. filed this appeal when it stated inter alia, "That the present petitioners have separate meters and each petitioner has separate agreement with CESC Ltd. and both of the petitioners are being separate consumers under CESC Ltd. and have no common interest against them for seeking relief jointly before Forum". "That from the report of Loss Control Cell it has been revealed that both of the consumers were supplying electricity to the disconnected service lying in the name of Sk. Rahimuddin enjoyed by Sk. Moniruddin which was disconnected on 30.1.2003 for illegal abstraction and thereby have committed an offence of theft of energy under Section 39 of I.E. At as per W.B. Amendment Act, 2001 and have also violated Sections 40 and 44 and 2nd proviso (b) of Clause VI (1) of the schedule of the I.E. Act, 1910 and Rule 56 of I.E. Rules, 1956". "It is further stated that the petitioners are both separate consumers and have got separate identity and cannot seek remedy jointly in one complaint". "It is further stated that the case of theft of electricity cannot be decided under COPRA in any manner whatsoever". "For that order is bad in law and should be set aside and/or quashed".;