1. THIS appeal has arisen out of the judgment passed by the District Forum, Coochbehar, dated 7.8.2002, wherein the Forum directed the O.P. to restore the electric line within 10 days and to pay Rs. 1,000/- as compensation and Rs. 500/- as cost to the complainant.
2. THE brief facts of the complainant''s case are that he applied for new connection at his residence and complied with all the formalities as per the demand of the O.P. THE electric meter was installed by the O.P. But all of a sudden the O.P. disconnected the electric line without assigning any reason. THE complainant made several correspondences with the O.P., but no action was taken by the O.P. and even no prior notice was served upon him before disconnection, which is a mandatory provision according to the I.E. Act. Due to want of electricity the complainant and his family members have been facing a lot of hardship. THEreafter he filed a case before the Forum praying for direction upon the O.P. to restore the electric connection and also prayed for compensation of Rs. 18,835/- in terms of various reliefs.
Being dissatisfied with the above mentioned order the W.B.S.E.B.-appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the present respondent supplied for new connection at his residence where service connection in the name of Sri Gopal Saha, the elder brother of the complainant was effected earlier and the said service connection was disconnected due to non-payment of outstanding amount of Rs. 22,662/-. The respondent deliberately concealed the fact of non-payment of energy bill and disconnection of the service connection at the time of application with a view to misleading the Board and to avoid depositing the revenue. Subsequently, the fact came to the notice of the board and a seven days'' notice was served vide memo No. MTB/E-S/18/990 dated 19.3.2002 asking the respondent to clear up the outstanding dues and, if not, the service connection would be disconnected and the line was ultimately disconnected on 31.3.2002 due to non-compliance of the notice as served upon him. It is further submitted by the appellant that the two brothers namely Sri Gopal Saha and Sri Goutam Saha are residing in the same premises and the disconnected meter which was in the name of Gopal Saha was also used by Sri Goutam Saha. So Sri Goutam Saha is liable to pay the entire outstanding dues which are lying in the name of his elder brother, Sri Gopal Saha. The appellant submits that the award of compensation and cost are highly illegal as it disconnected the service connection with prior notice upon the respondent. According to the appellant the order passed by the Forum below is erroneous, unjust and liable to be set aside.
On careful perusal of the record it is noticed by us that Sri Gopal Saha and Sri Goutam Saha are two brothers and they are residing in the same premises. There was a meter in that premises in the name of Sri Gopal Saha, which was disconnected by the W.B.S.E.B. due to non-payment of electric bills. Thereafter Sri Goutam Saha, the younger brother of Sri Gopal Saha applied for a new connection to the W.B.S.E.B., but did not disclose the history of disconnection of the meter of his elder brother. The Commercial Department has given him clearance and ultimately the meter was installed in the name of Sri Goutam Saha in that premises. But all of a sudden the appellant disconnected the electric line of the respondent with prior notice on the ground that until and unless the outstanding dues to his elder brother were cleared up, W.B.S.E.B. was not able to restore the electric line and hence this case. We think that it is true when the present respondent applied for a new connection, he concealed the past history that there was another meter in the name of his elder brother in the same premises and which was disconnected due to non-payment of electric bills. But it is curious as to how the Commercial Department of the appellant gave commercial clearance to the respondent when a huge amount was lying in the name of the elder brother of the applicant in the same premises. In our opinion it is certainly a gross lapse on the part of the appellant''s department. On the other hand when the meter was installed by the appellant, they were also so careless that they did not bother to notice that there was another meter in the house which remained disconnected. Such action is also an example of carelessness on the part of the W.B.S.E.B.-people in performing their duties. As the meter has been already installed in the name of the present respondent, in our opinion the W.B.S.E.B. has no authority to disconnect it. There is a separate agreement between the W.B.S.E.B. and the previous consumer, so the appellant may try to recover the outstanding dues from its erstwhile consumer. It is illegal for the appellant to realise the outstanding dues from the present respondent. So in our opinion the disconnection was illegal.
3. HENCE it is ordered that the appellant shall restore the electric connection of the present respondent within 7 days of getting this order. Regarding payment of compensation and cost as awarded by the Forum below we are not inclined to impose it upon the appellant and we are of the opinion to set it aside which we hereby do.
Therefore, the appeal is allowed in part on contest and the judgment passed by the Forum below is modified. The appeal is disposed of accordingly. Appeal partly allowed.
