W B S E B Vs. SAKERA BEGUM

JUDGEMENT

(1.) This appeal has arisen out of the judgment passed by the District Forum, 24- Parganas (S), on 17.7.2003 in Case No.305/2002 wherein the Forum allowed the case on contest with cost of Rs.500/- against the O. P. and directed the O. P. to rectify the bill dated 7.4.1999 treating the connection as 'domestic' category and give opportunity to the complainant to make payment of the sum within seven days from the date of receipt of the copy of the order. The O. P.-W. B. S. E. B. was also directed to restore the electric connection of the complainant within 15 days from the date of the order on condition that the complainant would pay all subsequent bills as raised by the O. P. The Forum also awarded compensation for a sum of Rs.1,000/- in favour of the complainant. It was ordered that except restoration the remaining part of the order should be complied with by the O. P. within two months from the date of the order.

(2.) The brief facts of the case of the complainant before the Forum were that being a consumer under the O. P.-W. B. S. E. B. in domestic category the complainant used to pay the electric bills regularly. But all on a sudden she received a bill on 7.4.1999 showing the category of consumption as 'commercial' instead of 'domestic'. She lodged a complaint to the office of the O. P. on 6.8.1999 requesting correction of the bill but a notice dated 2.5.2000 was issued upon the complainant by the O. P. asking her to make payment of arrear bills for April, 1997, August, September, 1997 and 1.3.1998 totalling a sum of Rs.726.77. Thereafter the complainant sent Lawyer's notice to the O. P. for rectification of the bill but to no effect. The O. P. disconnected the electric line on 25.6.2000. Then she filed the case before the Forum below praying for direction upon the O. P. to rectify the bill from commercial to domestic and restore the electric connection immediately.

(3.) Being dissatisfied with the above mentioned judgment the appellant-W. B. S. E. B. has preferred the present appeal before this Commission. The learned Counsel for the appellant submits that the present respondent is a habitual defaulter of electricity bills. Her outstanding dues are approximately Rs.50,700/- + Rs.787/- upto September, 2001. It has further been submitted by the appellant that during inspection the W. B. S. E. B.-people noticed that the respondent was supplying energy to some shop owners in that premises from her meter. As she was using energy to the shops, the W. B. S. E. B. was compelled to raise bill under the commercial category instead of domestic. According to the appellant the judgment passed by the Forum below is erroneous, unjust and liable to be set aside.