W B S E B Vs. MANOJ ADHIKARY

JUDGEMENT

(1.) This is an appeal arising against the judgment passed by the District Forum, Midnapore dated 26.5.2003. The fact of the case of the complainant is that his electric meter went out of order and electric bills on the basis of average consumption were served upon him. On pointing out defective nature of the disputed meter he was asked by the OP to deposit Rs.500/- towards the cost of replacement of the defective meter by a new serviceable one. It has been alleged by the complainant that even after deposit of the said amount for replacement of the meter the O. P. did not supply him a new meter but continued to raise average bills which according to the complainant were highly inflated and without any basis. This action of the O. P. , according to the complainant, is deficiency in service under Sec.2 (1) (g) of the C. P. Act. As he was served average bills for the period from February, 2002 to October, 2002 amounting to Rs.5,027/- he did not make any payment and, therefore, the O. P. served disconnection notice. The complainant raised objection to the effect that serving of bills on average basis was illegal in view of the fact that necessary deposit of Rs.500/- had already been made for providing a new meter. Since the O. P. failed to provide a new serviceable and defect- free meter in place of the defective one, the O. P. had no right to send disconnection notice. Ultimately the complainant filed the case praying for direction upon the O. P. to provide a new meter along with revision of the average bills already served upon him. Since the action of the O. P. was highly illegal and the complainant suffered from mental agony, the complainant soughts be compensated as per rule.

(2.) In its judgment the Forum directed the O. P. to restore the electric service line of the complainant within 7 days from the date of deposit of first instalment for a sum of Rs.1,775/- by the complainant. The complainant was directed to pay the balance amount in two instalments as per date fixed and the OP was further directed to pay a sum of Rs.1,000/- to the complainant by way of cost and compensation.

(3.) Being aggrieved by the above order the appellant/wbseb has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that WBSEB disconnected the electric connection of the respondent as per the Electricity Act as he was a defaulter in respect of the regular monthly bills. So the question of compensation does not arise in this context. According to the appellant the order of the Forum below is illegal, unjust and liable to be set aside.