WBSEB Vs. AMIYA KUMAR CHAKRABORTY

JUDGEMENT

(1.) - This appeal has arisen out of the judgment passed by the District Forum, Murshidabad, on 19.10.2001, in Case No. 252/2001 wherein the Forum has allowed the case and directed the complainant to pay the meter and disconnection -reconnection charges as per quotation and directed the O.P. -WBSEB not to charge any amount under the head of Additional security.

(2.) BEING an old consumer under the O.P. -WBSEB the allegation of the complainant before the Forum below was that the O.P. -WBSEB issued a quotation upon him claiming Rs. 600/ - on account of cost of the meter, Rs. 100/ - as disconnection and reconnection charge and Rs. 16,350/ - as additional security deposit. The complainant was ready to pay the cost of the meter as well as the disconnection -reconnection charge but he was not willing to pay the additional security deposit. He made several correspondences with the O.P., but to no effect. Thereafter he filed the case before Forum praying for direction upon the O.P. not to claim the additional security deposit from him.

(3.) BEING dissatisfied with the order of the appellant -WBSEB has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the demand of additional security deposit was valid and legal in view of a Circular No. 5704 dated 31.5.1999 issued by the Secretary of the Board. So the present respondent is under the obligation to pay the additional security deposit. It has been further submitted by the appellant that the security deposit was claimed as per norms of the Board. The learned Counsel for the appellant files a copy of 'Agreement for Supply of Electrical Energy, at Low and Medium Voltage'. It is stated in Clause No. 19(i) that "The Board shall be at liberty at any time and from time -to -time to appropriate and apply any security so deposited as aforesaid in or towards payment or satisfaction of all or any money which shall become due or owing by the consumer to the Board in respect of the supply of electrical energy or otherwise..." The Clause No. 19(ii) states that 'if the consumer fails to increase the amount of such security within a fortnight from the date of receipt of requisition, therefore, the Board may give the consumer seven days' notice of its intention to discontinue the supply of electrical energy and on the expiry of such period, if requisite security is not furnished in the meantime, may forthwith disconnect the supply. Reconnection shall be effected only upon furnishing requisite security and full payment and discharge of all pending obligations including the charge for work of disconnection and reconnection'. We have perused the documents and find that it is true that the 'respondent has signed the agreement before installation of the meter, and hence she is bound to obey the clauses of that agreement and pay the amount of security deposit as per the agreement. According to the appellant the Forum below has erred in directing the respondent not to pay the additional security deposit. Therefore, this portion of the judgment is liable to be set aside.