CESC LIMITED Vs. SAHEBA BEGAM & ANR

JUDGEMENT

(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".