W.B.S.E.B. vs KONA IRON And STEEL CO. LTD.

VIDE order dated 28.11.2000 the Forum ordered that the complainant firm is not liable to pay outstanding amount of Bulk GD Casting and Forging Pvt. Ltd. for obtaining new service connection for industrial use at its factory. The Forum further observed that W.B.S.E.B. will make earnest effort to increase the load capacity of the existing Sub Station in question and on such increase top priority should be given to the complainant for new service connection. Being aggrieved by this order the SEB has appealed.

THE name of the complainant is M/s. Kona Iron & Steel Co. which is a registered partnership firm. It applied for new service connection for industrial supply and deposited Rs. 500/- as application fee on 18.8.1998. But till now no connection was given. THE opposite party who is the appellant here resisted the application for new connection firstly on the ground that there is outstanding dues of Rs. 4,48,460/- of the Bulk GD Casting and Forging Pvt. Ltd. in the same premises and unless that payment is made no new service connection can be given. THE second ground of rejection is that the connected load was more than the capacity of existing Sub Station. It appears that the Forum overruled the first objection of the Board on the basis of two decisions of the Hon''ble Court. It has been held that the consumers were different. The petitioner is a potential consumer and he has deposited Rs. 500/- as application fee. According to the Forum the Bulk GD Casting and Forging Pvt. Ltd. was the consumer of the Board. It may have defaulted in the matter of making payment of bills. The consumers being different, their rights and obligations are also different. So it cannot be saddled with the liability of another consumer. We have considered the views of the Forum in this respect and fully agree with the same.

With regard to second ground of rejection of the application for few connection, we find that there is substance in the objection raised by the Board. In the written version it has been stated that the existing Sub Station failed due to overloading. For failure of the Sub Station public agitation occurred and police was required to be posted. It appears that the Forum noticed the susbtance of the objection of the Board in this regard but observed that the Board will make earnest effort to increase the load capacity of the existing Sub Station so as to cater to the need of the public in general. It is not known when the load capacity of the Sub Station would be increased. In our view the complainant may approach the Board after the capacity of Sub Station is increased. However before parting with the case we like to impress upon the Board to increase their load capacity and to effect supply to the public in general for the sake of quick industrialization of the State. With the above observation we dispose of the appeal. Appeal disposed of.