DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24-PARGANAS, JUDGES’ COURT,
ALIPORE, KOLKATA-700 027
>> C.C. CASE NO.: 227 OF 2008 <<
DATE OF FILING: 9.9.2008
DATE OF PASSING JUDGEMENT: 23.07.2009
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Present : President : Dipak Shyam Roy
Member(s) : Amitabha Roy Chowdhury & Sharmi Basu
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COMPLAINANT : Smt. Ila Das, w/o Sri Satish Ch. Das of Kulpi Road,
Jogibattala, P.O. Dakshin Gobindapur Opp. To Bishop
House, P.S. Baruipur,Dist. 24 Parganas.
- >> : versus : << -
O. P. / O. PS : 1) Station Manager, Mahinagar Group Electric Supply,
W.B.S.E. D.C.L, Khasmallick , Baruipur, Dist. 24 Parganas (S).
2. The Superintendent Engineer & Circle Manager, South
24 Parganas (Dist), Circles W.B.S.E.D.C.L,
9, Old Post Office Street (3rd floor), Kolkata – 1.
3. The Divisional Manager, Baruipur Division,
WBSEDCL, Padmapukur, Baruipur,Dist. South 24 Parganas.
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>> J U D G E M E N T <<
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This application under Section 12 read with Section 13 of the C.P Act, has been filed by the complainant Smt. Ila Das against the West Bengal Electricity Distribution Co. Ltd.
In a nutshell, the case of the complainant is that the complainant on 13.5.2005 applied to the O.P company for domestic service connection for her residential portion of the premises at Jogibattala , P.S. Baruipur, South 24 Parganas which was purchased by the complainant on 30.1.2004 from wife of Sri Ram Bilash Agarawal. On 8.6.2005 it was intimated to the complainant by the Station Manager, Mahinagar Group Electric Supply, W.B.S.E.D.C.L that there was some outstanding dues in the name of Sri Ram Bilas Agarwal and expressed its inability to supply the electric connection unless the said outstanding dues is paid. On further request also the O.Ps did not give electric connection to the complainant. The complainant has also submitted that from 2001 she took rented accommodation at that premises. The connection of that premises was both industrial and commercial in the name of Sri Ram Bilash Agarwal which was reconnected by the O.Ps on 26.11.2001 after payment of all arrear dues by Sri Rambilsh Agaarwal. As per the complainant till June, 2004 for the electric consumption of the disputed service connection no outstanding dues was lying unpaid. This has also been disclosed by the complainant that on 31.5.2005 the O.Ps sent a Memo to Sri Ram Bilas Agarwal in which details of the outstanding amount against the disputed service connection was given. As per that memo total outstanding Rs. 89,559/- was for the period from February, 1998 to January 2000. The complainant has also submitted that on 27.5.2008 the complainant informed the whole matter to Ombudsman for getting relief but in the mean time a notice had been issued by the Station Manager for disconnection. In this situation the complainant has come before this Forum and prays for necessary order so that the complainant can get electric connection in her name and also with a prayer to direct the O.Ps not to disconnect the electric line till the disposal of the instant case. On the date of admission hearing of the instant case i.e. on 11.9.2008 an interim order has been passed by this Forum restraining the O.Ps from disconnecting the existing line in the premises until final order. The O.Ps have appeared in this case through their ld. counsel and has submitted that there was outstanding dues to the tune of Rs. 89,559/- with respect to the said service connection and the same was informed to the complainant through a letter dated 8.6.2005 in reply of the complainant’s application for the new connection, which can not be executed without payment and clearance of previous outstanding dues. As per submission of the O.P’s out of the total outstanding dues an amount of Rs. 29,853/- was paid on 13.6.2008 and still there exists an outstanding dues to the tune of Rs. 59,706/- against the previous outstanding and another Rs. 35,213/- as a supplementary bill. Therefore, the Ld. Advocate for the O.Ps has concluded that this Forum cannot pass any order directing upon the O.Ps to give fresh new connection unless the outstanding dues in respect of the said premises are paid.
Decision of the Forum:
Considering the above submission of both sides and on careful perusal of the record and documents, it is noted by us that it is an admitted fact that the complainant applied to the O.Ps for new electric service connection of domestic type for her residential portion of the premises and the O.Ps did not give new connection as because the outstanding dues in respect of the said premises were unpaid. Now the deciding factor in limelight is whether the claim of the O.Ps to the complainant for payment of the outstanding dues is justified or not. The O.Ps have referred a Judgement of Hon’ble State Commission , West Bengal (S.C. Case no.FA/2008/203 dt.17.11.2008) . It is needed to be mentioned that in that case the relation between the previous and present consume was father and son and the nexus between them was very clear. Moreover, in that case the father of the present consumer was enjoying electricity from the meter of his son after disconnection of his service connection due to non payment. We are of the opinion that the instant case has no resemblance with the aforesaid case under the referred judgment of the Hon’ble State Commission. In the instant case, the nexus between the complainant and the previous consumer could not be proved by the O.Ps. Regulations of West Bengal Electricity Regulatory Commission ( Section 3.4.2) provides that the licensee shall be eligible to recover from a new and subsequent consumer(s) the dues of the previous and defaulting consumer(s) in respect of the same premises only if a nexus between the previous and defaulting consumer(s) and the new consumer(s) in respect of the same premises is proved. The onus of proving a nexus ,if claimed by a lincesee, shall lie on the licensee. In the instant case it is beyond doubt that the complainant is an intending consumer who was a previous tenant and at present land owner of that premises. It is also an admitted fact that she was using the service connection which was in the name of the husband of the landlady from 26.11.2001. From then till the date of application on 13.5.2005 for new service connection in her own name , after being landlady of that premises, there was no irregularity in payment of electric bill by the complainant. Moreover, in November, 2001 after payment by the previous licensee i.e by Shri Ram Bilash Agarwal the industrial connection was restored. Here, it is needed to be mentioned that the complainant has produced a received copy of a letter written by Shri Agarwal to the O.Ps on 26.11.2001 in which it was clearly mentioned that he had cleared all the dues of industrial connection, commercial connection as well as he had paid the additional security amount and he had requested for reconnection of industrial connection and commercial connection at that premises. The complainant has also submitted the Xerox copies of receipt of that payment dt. 26.11.2001 and receipt of security deposit dt. 26.11.2001. Through this documents the complainant has tried to prove that after being satisfied by receiving all the outstanding dues the O.Ps reconnected the service connection of that premises on November, 2001.As per the complainant all the dues in regard to the electricity supplied to the premises in the name of the previous licensee was cleared by himself, namely by Shri Ram Bilash Agarwal. On the other hand , the O.Ps have claimed that after the aforesaid payment by the previous licensee there was outstanding dues of Rs. 89,559/- for the period from February, 1998 to January, 2000 and the O.Ps claimed that amount from that previous licensee on 31.5.2005. But he did not pay that outstanding amount to the complainant. Moreover, the O.Ps also intimated to their intending consumer, here the complainant about this outstanding dues of the previous consumer amounting Rs. 89,559/- and declared to her that the new connection could not be sanctioned until clearance of all outstanding dues. It is needed to be mentioned that in the instant case both the previous consumer and intending consumer of the service connection in discussion raised no written objection to the O.Ps against that outstanding dues. On the contrary, it is an admitted fact that with the interference of the Executive Engineer it was settled by the complainant and the O.Ps that the amount of Rs. 89,559/- would be paid by three equal installments and on 13.6.2008 an amount of Rs. 29,853/- was paid by the complainant and thus the complainant virtually admitted the claim of the O.Ps as legitimate. Considering all these facts and circumstances it is beyond doubt that the previous consumer is defaulting consumer and the arrear outstanding dues against the aforesaid service connection is not fictitious. Here it is needed to be mentioned that the Ld. Advocate of the complainant has submitted that the case of the complainant has attracted the Section 56(2) of Electricity Act,2003 in which it is stated “Notwithstanding anything contained in any other law for the time being in force, no sum due from consumer under this Section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of electricity. On the other hand the O.Ps have also referred a landmark judgement of Hon’ble Supreme Court (Civil Appeal no.6565 of 2008) . In this judgement the Hon’ble Apex Court has been pleased to hold “ when the purchaser of a premises approaches the distributor seeking a fresh electricity connection to its premises for supply of electricity, the distributor can stipulate the terms subject to which it would supply electricity. It can stipulate as one of the conditions for supply, that the arrears due in regard to the supply of electricity made to the premises when it was in the occupation of the previous owner/occupant, should be cleared before the electricity supply is restored to the premises or a fresh connection is provided to the premises. If any statutory rules govern the conditions relating to sanction of a connection or supply of electricity, the distributor can insist upon fulfillment of the requirements of such rules and regulations. If the rules are silent, it can stipulate such terms and conditions as it deems fit and proper, to regulate its transactions and dealings. So long as such rules and regulations or the terms and conditions are not arbitrary and unreasonable, courts will not interfere with them. Hon’ble Supreme Court had further stated therein that “A stipulation by the distributor that the dues in regard to the electricity supplied to the premises should be cleared before electricity supply is restored or a new connection sit given to a premises, cannot be termed as unreasonable or arbitrary. In absence of such a stipulation, an unscrupulous consumer may commit defaults with impunity, and when the electricity supply is disconnected for non-payment, may sell away the property and move on to another property, thereby making it difficult, if not impossible for the distributor to recover the dues”. Keeping in mind the view of the Hon’ble Supreme Court ,we are of the opinion that the claim of outstanding dues by the O.Ps against the intending consumer, i.e. to the complainant is justified. Since in the modern age, electricity is one of the most essential commodity in day to day life, we are of the opinion that the complainant should not be deprived from getting the electricity . Therefore the case of the complainant is allowed in part.
We therefore pass following orders :-
The O.Ps are directed to supply a new domestic electric connection to the complainant within one month from this date of order subject to payment of Rs. 59,706/- by the complainant towards outstanding dues. The O.P shall ,however, send bill in respect of the electricity consumed by the complainant since the interim order passed by this Forum uptodate and complainant no.1 shall be liable to pay that if not already paid. The ad interim order of injunction passed by the Forum is hereby withdrawn.
Member Member President
Dictated and corrected by me
SHARMI BASU ( Member )
Tags: W.B.S.E.D.C.L.