W B S E B Vs. GOUTAM SAHA

JUDGEMENT

(1.) This appeal has arisen out of the judgment passed by the District Forum, Coochbehar, dated 7.8.2002, wherein the Forum directed the O. P. to restore the electric line within 10 days and to pay Rs.1,000/- as compensation and Rs.500/- as cost to the complainant.

(2.) The brief facts of the complainant's case are that he applied for new connection at his residence and complied with all the formalities as per the demand of the O. P. The electric meter was installed by the O. P. But all of a sudden the O. P. disconnected the electric line without assigning any reason. The complainant made several correspondences with the O. P. , but no action was taken by the O. P. and even no prior notice was served upon him before disconnection, which is a mandatory provision according to the I. E. Act. Due to want of electricity the complainant and his family members have been facing a lot of hardship. Thereafter he filed a case before the Forum praying for direction upon the O. P. to restore the electric connection and also prayed for compensation of Rs.18,835/- in terms of various reliefs.

(3.) Being dissatisfied with the above mentioned order the W. B. S. E. B.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the present respondent supplied for new connection at his residence where service connection in the name of Sri Gopal Saha, the elder brother of the complainant was effected earlier and the said service connection was disconnected due to non-payment of outstanding amount of Rs.22,662/-. The respondent deliberately concealed the fact of non-payment of energy bill and disconnection of the service connection at the time of application with a view to misleading the Board and to avoid depositing the revenue. Subsequently, the fact came to the notice of the board and a seven days' notice was served vide memo No. MTB/e-S/18/990 dated 19.3.2002 asking the respondent to clear up the outstanding dues and, if not, the service connection would be disconnected and the line was ultimately disconnected on 31.3.2002 due to non-compliance of the notice as served upon him. It is further submitted by the appellant that the two brothers namely Sri Gopal Saha and Sri Goutam Saha are residing in the same premises and the disconnected meter which was in the name of Gopal Saha was also used by Sri Goutam Saha. So Sri Goutam Saha is liable to pay the entire outstanding dues which are lying in the name of his elder brother, Sri Gopal Saha. The appellant submits that the award of compensation and cost are highly illegal as it disconnected the service connection with prior notice upon the respondent. According to the appellant the order passed by the Forum below is erroneous, unjust and liable to be set aside.