CESC LTD Vs. ABHOY JAISWAL

JUDGEMENT

(1.) -this is an appeal arising out of a judgment passed by the District Forum, Howrah on 19.9.1997. The case of the complainant in brief is stated hereunder.

(2.) The complainant is a domestic consumer of CESC. He did not receive the bills for November and December, 1993. He received the January, 1994 bill. Though due date of depositing money was 4.2.1994. He made correspondence with the O. P-CESC and came to know regarding the details of deduction. On 25.1.1994 the supply of electricity was disconnected by the O. P. Since the due date of the January, 1994 bill was 4.2.1994, without waiting till the due date the O. P. arbitrarily disconnected his service connection. Such illegal act on the part of the O. P. caused immense suffering to the family of the complainant. For the above reason the complainant filed a case before the Forum praying for a direction upon the O. P. to restore connection and to permit the complainant to pay the bills after adjustment of the deduction and cost for damages. In its order the Forum directed the O. P. to pay Rs.500/- to the complainant as litigation cost within the period of one month from the date of that order. The O. P. was further directed not to claim any additional security amount for the restoration of service connection.

(3.) Being aggrieved by and dissatisfied with the above order the O. P.-appellant (CESC) has preferred the appeal before the Commission. In the memorandum of appeal the appellant submits that the company has every right and authority to claim additional security deposit from the petitioner if sufficient security deposit is not maintained with the company. It is further submitted by the learned Counsel for the appellant that there was no deficiency of service on the part of the company, so the direction for payment of cost is highly illegal and unconstitutional. According to the appellant the impugned judgment is erroneous, contrary to law and is liable to be set aside.