W B S E B Vs. HAMIDUR RAHMAN

JUDGEMENT

(1.) THIS Appeal arises out of DCDRF Case No 25/2005 in Malda, where the complainant, Shri Hamidur Harman s case in short was that "the complainant is a senior citizen and used electricity for domestie purpose being Consumer No. S -130627 under Ratua Group Electric Supply and he applied for separate commercial electric connection being application Sl. No. C/2001 -452716 dated 25.3.2004 paying Rs. 150 being receipt No. 037698 dated 18.3.2004. It is also the case of the complainant that on 24.4.2004 a staff named Sekender Ali came to the complainant and demanded a bribe of Rs. 2,500 for making electric connection at Ratua daily market and it was informed to higher authority verbally. On 3.9.2004 the complainant had received one letter from Station Manager, Samsi Group Electic Supply and he came to know that electricity cannot be provided for temporary construction. After that the complainant raised an objection to W.B.S.E.B. that they had given electric connection adjacent to his shop which is also temporary. It is also case of the complainant that on 5.1.2005 without any prior notice and intimation the W.B.S.E.B. disconnected the supply line of the complainant alleging that an amount of Rs. 323.61 was outstanding for the period from 7/200 to 9/2000 and the authority of W.B.S.E.B. forcibly put the singnature of the complainant in all papers. After that the Superintendent collusively demanded Rs. 24,114.00 by the letter of 10.1.2005 as penalty for hooking of electricity. Under the above circumstances complainant prays for reconnection for his residence and new connection for his shop with compensation of Rs. 20,000 litigation charge of Rs. 10,000 and Rs. 50,000 for mental agony and physical harassment."

(2.) AFTER hearing both the parties learned Forum below ordered "that the complaint of the complainant is allowed in contest with cost in part. The domestic line of the complainant must be restored within 15 days from the date of this order by the O.Ps. The commercial line of the complainant be given by the O.Ps. within one month from the date of observing all formalities in that respect by the complainant and O.Ps. to co -operate in the matter, failing which a further sum of Rs. 50,000 (rupees fifty thousand) only be paid by the O.Ps. in the matter of non -prosecution of the above orders. The O.Ps. are directed to pay a sum of Rs. 50,000 (rupees fifty thousand) only to the complainant within one month from this date. This amount must be paid by the person/persons of W.B.S.E.B. who are responsible for illegal disconnection of domestic line of the complainant. The complainant is also entitled to get the litigation cost of Rs. 500 (rupees five hundred) only by the O.Ps. Let the copy of the certified order be given to the parties without cost at once."

(3.) BEING aggrieved and dissatisfied with the judgment and order of the learned Forum below the O.Ps. in the Forum, namely WBSEB, filed this appeal when it stated inter alia.