W B S E B Vs. DASHARATH GHOSH

JUDGEMENT

(1.) Heard learned Lawyers of both sides. During hearing it transpires that the dispute between the parties awaits decision of the C. E. I. and this is borne out from paragraph 17 of the judgment. It is accepted that the disconnection was done on 22.11.1997 for alleged non-payment of bills for certain months. None could enlighten the Commission as to the outstanding amount as on the date of disconnection. Learned Counsel for the respondent submits that the meter was defective since long and the Board was not justified in raising bills on average basis for a period of more than six months. Learned Counsel for the appellant submits that the order of the Forum directing payment of compensation Rs. Rs.1,500/- p. m. w. e. f.22.11.1997 is wholly unjust and illegal. He submits further that the complainant is not the registered consumer. The registered consumer Sunil Kr. Ghosh died long back.

(2.) In view of the admitted fact that the matter is pending decision by the CEI, we do not like to make any observation with regard to the merit of the case. The complainant may pursue the proceeding if any pending before the CEI, W. B. In the event, the finding of the CEI goes in favour of the complainant, he will get relief. As regards the award of compensation, we do not find any justification to pass any order for compensation and cost. The Forum noticed also that actual loss said to have been suffered by the complainant could not be assessed. The Forum felt back upon prudence and awarded the damage @ Rs.1,500/- per month. In our opinion, it was not proper for the Forum to pass any order for payment of compensation in the peculiar circumstances of the case. Therefore, this portion of the judgment i. e. the order of payment of compensation is set aside. With this observation, the appeal be disposed of.