C E S C LTD Vs. SUMITA PAL

JUDGEMENT

(1.) This Revision Petition has arisen out of the order of the West Bengal State Commission at Calcutta dated 21.12.1995 allowing the appeal of the complainant and setting aside the order dated 29.8.1995 passed by the District Forum, Calcutta. The Calcutta Electric Supply Co. Ltd. & Ors. were directed to restore the electricity of the complainant within 7 days from the date of the communication of the order.

(2.) The facts lie in a narrow compass and may be stated. The complainant is a consumer of the electricity supplied and serviced by the Calcutta Electric Supply Co. Ltd. (for short called C.E.S.C. Ltd.) with Consumer No. 03021071064 with Meter No. 630168-40 in the commercial premises of M/s. Apsara (Beauty Parlour) located at 4-H, Panchanantala Road, (1st Floor), Calcutta (for short called premises). The electricity supply at the said premises was disconnected by C.E.S.C. Ltd. on 9th May, 1995. The complainant filed a complaint under Section 12 of the Consumer Protection Act, 1986, against the disconnection of electricity being Consumer Case No. C.D.F. 1073/95. On being noticed, the C.E.S.C. Ltd. filed its written objections to the complaint. It was stated that acting upon a credible information received in the Central Office of the C.E.S.C. Ltd. the officers from the Loss Control Cell undertook a surprise visit to the consumer premises wherein the electricity was being supplied and upon inspection found that the consumer was drawing electricity directly from the service cutouts thereby by-passing the meter which was installed for registering consumption of electricity at the said premises. It was pleaded that this was in gross violation of the statutory provisions and conditions of supply under which the complainant was being supplied electricity by C.E.S.C. Ltd. and that the officers of C.E.S.C. Ltd. acting in terms of the power conferred under, inter alia, the 2nd proviso of Paragraph VI of the Schedule to the Indian Electricity Act, 1910, disconnected the electric supply at the said premises on the 9th May, 1995. It was also brought on record that the C.E.S.C. Ltd. lodged a complaint which the Officer-in-charge. Lake Police Station, Calcutta against the complainant for tampering with the meter, and thereby committing an offence under the said Act. The complainant was also informed by a notice dated 9th May, 1995 about the reasons which compelled the C.E.S.C. Ltd. to disconnect the electric supply to the said premises. It was also pleaded that the complainant met the Deputy Manager (Commercial) when she was informed by letter dated 12.5.95 that the unmetered consumption charges worked out by the C.E.S.C. Ltd. were Rs 57,405/- which she would have to pay along with reconnection charges of Rs. 30/- and to comply with other statutory formalities for obtaining restoration of electric supply.

(3.) The District Forum by the order dated the 29th August, 1995 held that it is well-settled that Consumer FORA cannot entertain any matter for theft of investigation and adjudication and it can only be decided in a separate proceeding and that disconnection of electricity on the ground of theft is not deficiency in service by the Licencee. However, the District Forum ordered that the complainant cannot be asked to wait for a long time for the decision of the Criminal Court and ordered C.E.S.C. Ltd. to restore the supply of electricity to the complainant within 3 days on her payment on ad hoc basis of 30% of unmetered consumption with reconnection fee.