AI Structured Summary
Not yet generated for this judgment
Judgment
BY an order dated 12.1.1993 passed by this Commission in those cases, it was directed to the Appellant, West Bengal State Electricity Board to restore the electric line of the complainant within 7 days from the date of communication of the said order by the respective complainants/consumers in original proceeding Nos. 7/92, 8/92, 9/92, 10/92, 11/92, 12/92, 13/92, 14/92, 16/92, 17/92 and 18/92 without any condition. It was further directed that the bills of the respective consumers would be revised by W.B.S.E.B. as per circular dated 3.6.1992 given retrospective effect from 16.11.91 by which the circular dated 23.10.1991 was made inoperative and upon such revision of the disputed bills of the complainants/consumers they would pay 50% of those revised bills and the balance to be paid by two equal instalments one in month of February and another in the month of March after receiving the revised bills from the Board and in default to comply with the said direction by the complainants/consumers, the board was given liberty to take action in accordance with law.
IT was further directed that the current consumption bills on account of electricity be paid by the consumers/complainants as usual in terms of the Rules of the Board or its subordinate offices. It was again directed that thereafter all the bills of the complainants/consumers would be drawn on the basis of revised notification dated 3.6.1992 issued on behalf of the West Bengal State Electricity Board.
The West Bengal State Electricity Board on the basis of said order restored electric lines, some of the complainants/consumers but the electric lines of some other complainants/consumers were not restored for the reasons best known to West Bengal State Electricity Board. As a result some of the consumers/complainants namely Badal Roy, Byomkesh Mondal, Niranjan Midda Gopal Ch. Ghutia, Nadiabasi Panja and Jaydev Kapat sworn an affidavit to the effect that inspite of the order of the Hon''ble Commission, The West Bengal State Electricity Board did not reconnect their electric lines.
DURING hearing of the allegations for non-compliance of the order dated 12.1.93 passed by this Commission, the Ld. Advocate of the West Bengal State Electricity Board submitted that the Board was not aware of the petition filed by the respondents for non-compliance of the order dated 12.1.93 passed by this Commission. It was further contended by the West Bengal State Electricity Board, the appellant herein that it had not received any copy of the affidavit filed by the petitioners/respondents in respect of the allegations that board had not restored their electric connections as per earlier order of the State Commission dated 12.1.93. Although this Commission did not pay much importance on the aforesaid submissions made by the Ld. Advocate on behalf of the State Electricity Board still for the ends of justice by an order dated 18.1.1994 of this Commission, the Appellant, West Bengal State Electricity Board was given 7 days time to comply with the order dated 12.1.93 passed by this Commission. The next date was fixed on 27.1.94 for compliance. On 27.1.94 the respondents who are the consumers/complainants submitted certain documents showing the communication of the earlier orders to the Board inspite of all orders passed on contested hearing but the West Bengal State Electricity Board did not restore the electric line of the complainants/ consumers as per order. Again, West Bengal State Electricity Board was given another chance for 7 days time for compliance of the orders of this Commission repeatedly violated and in the event of failure to comply with the same inasmuch as to restore the electric lines of the consumers/complainants, it was ordered to issue warrant of arrest against the functionaries of the West Bengal State Electricity Board. The next date was fixed on 8.2.1994.
ON 8.2.1994, the Ld. Advocate appearing on behalf of the West Bengal State Electricity Board came out with new approach that the respondents who have alleged non-compliance of the order by the West Bengal State Electricity Board never enjoyed the electricity or had any electric connections to their respective units, thus according to the Ld. Advocate of the West Bengal State Electricity Board, the question of restoration of electric lines did not arise at all. It was further contended by him that as such there was no violation of the order dated 12.1.93 passed by this Commission. In view of the aforesaid submissions made by the Ld. Advocate on behalf of the West Bengal State Electricity Board the respondents were directed to make an affidavit to the effect of their enjoyment of electricity from the West Bengal State Electricity Board and the matter was fixed on 18.2.1994 for necessary orders. ON 18.2.94 and thereafter for certain date the State Commission could not hold its sitting due to certain unavoidable circumstances. Lastly the matter was further heard on 31.3.94 when the respective complainants/consumers who alleged of non-compliance of the order dated 12.1.93 by the West Bengal State Electricity Board, submitted the certain documents such as electricity consumption bills, receipts for security deposits and service charges etc. which proved beyond doubt that they had not enjoying Electricity and/or had electric connections to their respective units and in the perspective of the said documents it appeared that the submissions made by the Ld. Advocate of the West Bengal State Electricity Board were patently belied submissions before this Commission in order to avoid their liabilities under Sections 25 & 27 of the Consumer Protection Act. Hence ordered that as the West Bengal State Electricity Board failed and/or omitted to comply with the order dated 12.1.93 passed by this Commission inasmuch as restore the electric lines of the aggrieved consumers/complainants as per order dt. 12.1.93 it must restore the electric lines of the complainants within 7 days hereof without any excuse. We impose the penalty of Rs. 10,000/- on each of the functionaries of the West Bengal State Electricity Board namely Station Superintendent, Mathurapur Group Electric Supply, District Engineer (O&M), South 24 Parganas, West Bengal State Electricity Board and the Secretary, West Bengal State Electricity Board for their failure and /or omission to comply with the order of this Commission repeatedly as per provisions of Section 27 of the C.P. Act, 1986 and the said fine would be paid to the respondents by the Corporation from their own funds within 15 days from the date of communication of this order and subsequently be realised from the said functionaries as per principle laid down in the case of Lucknow Development Authorities v. M.K. Gupta reported in A.I.R. 1994 S.C. Page 787 and in default to comply the orders as aforesaid warrant of arrest would be issued against the said functionaries for their civil imprisonment for three months as per law. Penalty imposed.