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M/s CESC Ltd State Consumer Disputes Redressal Commission
West Bengal
BHABANI BHAVAN (GROUND FLOOR)
31, BELVEDERE ROAD, ALIPORE
KOLKATA – 700 027
S.C. CASE NO-FA/09/19
DATE OF FILING: 16.01.09 DATE OF FINAL ORDER: 15.06.09
APPELLANTS/COMPLAINANTS :
1. M/s CESC Ltd,
Having its Registered Office at-
CESC House, Chowringhee Square,
Kolkata-700 001 , P.S- Hare Street.
RESPONDENTS/O.P.S : :
1. Kartick Chandra Mukherjee,
Of 6C, Rajani Bhattacharjee Lane,
Kolkata- 700 026
BEFORE :HONBLE JUSTICE:
MEMBER : Shri. A.K. Ray.
MEMBER : Shri S. Coari.
FOR THE PETITIONER /APPELLANT : Shri A. Mukherjee. Advocate.
FOR THE RESPONDENT/O.P.S : Shri D. Halder . Advocate.
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Shri. A.K. Ray. Member
The Appeal is directed against the order dated 12.12.08 passed by the Dist Forum, Kolkata Unit –ii in case no 376 of 2008 wherein the complaint was allowed on contest with a direction upon the OPs to restore electric supply to the Complainant’s meter no 3586323 forthwith with cost of Rs. 1000/- to be paid to the Complainant. The OPs were further directed to abate Rs. 7,000/ from the electric bills of the Complainant for the aforesaid meter and also would raise fresh bills for the month of March ,2008 and onwards in order to give effect to the instant order after cancelling the disputed bills.
2. The Complainant Kartik Chandra Mukherjee is a consumer of the CESC Ltd having a domestic meter no. 3586323 since 3.12.05. He lives on the first floor of a property which was divided amongst the heirs by virtue of an amicable settlement deed dated 14.01.97. In the said flat there are two meters in the name of his father and mother and the said meter is used by one of the legal heirs and illegal occupant on the second floor and the ground floor till date. After demise of his father and mother the Complainant wrote to the CESC authority on 31.5.06 for disconnection of the meter in the name of the dead person, but the CESC Ltd did not take any steps till date. Complainant used to enjoy the electric meter standing in the name of his mother, Late Lakshmimoni Mukherjee up to 3.12.05 and as such the demand for payment of bill for the year 2006 in the name of his late mother upon him was illegal. One meter was installed on 3.12.05 in the name of the Complainant and he paid electric bills regularly except the disputed bills of March and April, 2008. He paid all other bills regularly . He again sent another letter on 18.1.08 to the CESC Ltd for disconnection of the meter in the name of the dead person. Suddenly in March, 2008 the Appellant Company who were the OPs before the Forum below claimed Rs. 7,160/- for consumption of 45 units against which the Complainant sent a written reply on 19.3.08 disputing the bill. The Appellant/OP however claimed Rs. 14,200/- in the bill of April, 2008 for consumption of 39 units. He wrote to the OP on 22.4.08 for rectification of the bill for March, 2008 but the CESC Ltd did not take any steps. The OP also threatened him for disconnection of electric connection in the bill of April, 2008 for non-payment of 3rd party’s dues. The Complainant stated that one of the legal heirs of the above premises exclusively used the disputed 2 meters in question and as such the CESC authority had no legal right to raise and claim the disputed amount to the Complainant. He further contended that for the dues, if any, pending in the name of a deceased person claim should have been made in the next month’s bill but not after expiry of a long period of time; as such the CESC authority had no right to claim the disputed amount to the Complainant. He accordingly, moved the Forum below for a direction on the OPs not to disconnect the electricity in the interim period, to cancel the bills for March, 08 and April ,08 and to accept the amount for consumption of 45 units and 39 units without adding the disputed amounts till disposal of the case and to disconnect the meter standing in the name of Late Lakshmimoni Mukherjee still existing in the above premises and to pay compensation and cost.
3. The Appellant M/s CESC Ltd who was the OP before the Forum below contested the case by filing their written version denying the allegations but admitting that the Complainant was their consumer with domestic meter no. 3586323. During inspection on site on 25.2.08 it was found that prior to obtaining a meter in his name on 3.12.05 the Complainant was a joint beneficiary of the supply standing in the name of his deceased mother. Bills amounting to Rs. 22,181.67/- were in arrears for non-payment in respect of the meter of his mother. The other 2 beneficiaries were his two brothers,viz, Kalyan Chandra Mukherjee and Kamal Chandra Mukherjee. The CESC Ltd in their registered letter dated 6.3.08 addressed to the Complainant and his two brothers informed them that they were liable to clear the residential arrear dues of Rs. 21,000/- of the erst while consumer, late Laksman Mukherjee as joint beneficiaries by paying Rs. 7,000/- each and accordingly the OPs debited Rs. 7,000/- in the bills of each of the beneficiaries for the month of March, 2008. Due to error Rs. 7,000/- was one again debited for the bill of April, 08. The other two beneficiaries started paying the debited amounts in installments but the Complainant denied to pay his proportionate liability and stopped paying his consumption bills since March,08. He thus tried to shoulder off his proportionate share of liability upon his brother Kumaresh Chandra Mukherjee without making him a party to the proceeding. They further argued that the Complainant did not produce any consent or no objection from the other co-sharers along with his letter for dis-connection of the meter standing in the name of his deceased mother.
4. In his affidavit on evidence filed before the Forum below the Complainant stated amongst others that the OP CESC Ltd whimsically, deliberately and illegally disconnected his electric supply during pendency of the instant case by violating the provisions of law. After receiving the notice from the Forum below they (OPs) claimed an amount of Rs. 7370/- in the month of May, 08 for consumption of 39 / 62 units. He accordingly prayed for a direction on the OPs for cancelling their bills for the month of March, April, May, 08 and to raise a bill as per consumption of electricity for 45,39 & 62 units and not to claim the disputed amount in future in the subsequent bills.
5. In his reply on affidavit against the questionnaire filed by the OPs the Complainant stated amongst others that his mother expired on 21.7.93 and he got meter connection of electricity in his name on 3.12.05. He further stated that after receiving the new meter in his name he did not use the meter of his father and mother. He also admitted that he used two meters standing in the name of his father and mother up to the installation of a new meter in his name. He also accepted the liability to pay the dues if any (of the meter of his father and mother) up to the date of installation of a new meter in his name. He also admitted that he was the beneficiary of the aforesaid meter of his parents up to the date of installation of a meter in his name. In their affidavit in reply against the questionnaire filed by the Complainant the CESC Ltd stated inter alia that the Complainant along with his brother were the beneficiary user of one meter standing in the name of his mother Laksmimoni Mukherjee since deceased and he was a defaulter in respect of consumption from the said meter of his deceased mother.
6. We have heard the parties to this case at length and have perused the impugned order along with other written submissions of the parties. It has been admitted by the Complainant that he used to enjoy electricity from the meter standing in the name of his deceased mother till installation of a new meter in his name on 3.12.05. His mother expired on 21.07.93. It is thus clear that even after death of his mother he continued to be a beneficiary user of the meter of his deceased mother for a long time. In their written version filed before the Forum below the OP CESC Ltd, Appellant before us stated in para-8 (d) &(c) that the Complainant and his two brothers namely Kalyan Ch Mukherjee and Kamal Ch Mukherjee being joint beneficiaries of the supply in respect of the meter of their deceased mother were liable to pay Rs. 7,000/- each as proportionate share of the outstanding dues accumulated against his mother’s meter. It was further contended by the CESC Ltd that this amount of Rs. 7,000/- was debited in each of the bills of the beneficiaries for the month of March,08. Due to inadvertence an error crept in as a result of which Rs. 7,000/- was once again debited in the bill of April,08. This has since been abated but the Complainant not only denied to pay the debited amount which was his proportionate liability but also stopped paying his consumption bills since March, 08. We accordingly find it difficult to accept the impugned order of the Forum below as we are of the opinion that the present Respondent who was the Complainant before the Forum below is liable to pay his proportionate liability of Rs. 7,000/- to the CESC Ltd in order to liquidate the outstanding dues in respect of the meter of his deceased mother. We however feel that the CESC Ltd acted rather harshly and erroneously to disconnect the electric line of the Complainant during pendency of the complaint petition before the Forum below. We consider this act of the Appellant to be improper and irregular. Both the parties have relied on certain judgements which apparently do not fit into our instant case. The appeal therefore succeeds.
7. It is accordingly, ordered that the appeal be allowed on contest without cost. The impugned order of the Forum below be set aside. The Respondent who was the Complainant before the Forum below is directed to pay Rs. 7,000/- as proportionate liability in respect of the outstanding dues of the meter of his mother along with bills from March 08 onwards against his own meter. Payments as above are to be made by the Respondent within a fortnight from the date of communication of this order. The CESC Ltd, Appellant herein, is also directed to restore the electric connection of the Complainant immediately on receipt of the payments as aforesaid.
LCR be returned forthwith with a copy of this order.
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