CESC LIMITED Vs. BHASKAR NATH CHATTERJEE

JUDGEMENT

(1.) This appeal has arisen out of the judgment passed by the District Forum, Howrah, on 14.1.2004 in the case No.194/2003, wherein the Forum below has allowed the case in part on contest with cost and directed the OP-CESC to refund the amount of Rs.5,147.72 to the complainant along with the interest @ 12% p. a. from the date of payment of the aforesaid amount by the complainant till the date of refund in full by the O. P. The O. P. was further directed to pay cost of Rs.300/- and compensation of Rs.500/- to the complainant with a period of one month from the date of the order.

(2.) The brief facts of the case of the complainant before the Forum below were that being a bona fide consumer under the CESC he used to pay the electric bills regularly. But in the bill for the month of March, 2003 an amount of Rs.5,725/- was charged under the head of miscellaneous account. The complainant was threatened by the O. P. that unless the bill is paid by the complainant the electric connection would be disconnected. So the complainant made full payment of Rs.5,725/- under compelling circumstances. Thereafter the complainant filed the case before the Forum below praying for direction upon the OP-CESC to refund the amount of Rs.5,725/- along with the interest of 18% p. a. to him and also prayed for cost and other reliefs.

(3.) Being dissatisfied with the above mentioned order the CESC-appellant has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that it is an admitted fact he is a bona fide consumer under the CESC. The meter of Sri Kumud Bandhu Chaterjee, present respondent's father was disconnected due to non-payment of bills. It has been submitted by the appellant that the present respondent is liable to clear off the dues of his father as there is nexus between the respondent and his father. On the whole he had cleared the dues of his father without raising any objection, so he is not entitled to get refund of the money.