C E S C LIMITED Vs. MD NIZAMUDDIN

JUDGEMENT

(1.) This appeal has arisen out of the judgment passed by the District Forum, Kolkata, Unit-I, on 28.12.2001, where the Forum directed the O. P. to restore the electric connection of the complainant within three days without charging the amount of unmetered consumption of Rs.38,263.08.

(2.) The facts of the case in a nutshell are stated here. The electric line of the complainant was disconnected by the O. P. on 20.7.2001 on the charge of alleged pilferage of electricity. The O. P. assessed unmetered consumption of electricity at Rs.29,700/-.

(3.) Being aggrieved with the said order the C. E. S. C. Ltd.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that this is a case of pilferage of electrical energy by the respondent. The pilferage was detected on 20.7.2001 during surprise inspection. It was noticed that the seal on the meter box was spurious and electric energy was dishonestly abstracted in violation of several provisions of the Indian Electricity Act as well as the rules framed thereunder by the appellant. On detection of this illegal drawal of electric energy by the appellant, the line was disconnected. An FIR was lodged with the local police station on the same date. According to the appellant the respondent is required to pay for the unmetered consumption of energy, a sum of Rs.29,700/- and additional security deposit. The appellant contends that the reconnection of electric line could not be effected until and unless the unmetered consumption is paid. The learned Counsel for the appellant submits that no notice of disconnection was required to be served upon the consumer in case of pilferage of electricity. The respondent submits that this appeal is not at all maintainable under the C. P. Act and prayed for dismissal of the appeal. The appellant prayed for allowing the appeal and setting aside the order of the Forum below which is, according to it, erroneous and unjust.