WEST BENGAL STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CALCUTTA
Honble Mr. Justice A.K. Bhattacharjee, President;
Mr. Monoranjan Ghosh & Mrs. S. Dutta, Members
CESC LTD.—Petitioner
versus
AJIT KUMAR GHOSH—Respondent
Case No. S.C. 263/R of 1997—Decided on 12.12.1997
Revision Petition - CDF Case - The court upheld the order for re-connection of the DC line, emphasizing that if the premises already contained a DC line, there should be no difficulty in reconnecting it. The court also noted that the order had become final as no appeal was filed against it.
Fact of the Case:
The revision petition was filed against two orders, one directing the re-connection of the DC line and the other confirming the execution of the re-connection order. The petitioner objected to complying with the re-connection order, citing discontinued supply in the DC line on technical grounds.
Finding of the Court:
The court found that the order for re-connection should be upheld, as the existence of the DC line in the premises warranted its re-connection. The court also noted that the order had become final due to the absence of an appeal against it.
Issues: The main issue was the compliance with the order for re-connection of the DC line, despite the petitioner's objection based on discontinued supply and technical grounds.
Ratio Decidendi: The court emphasized that if the premises already contained a DC line, there should be no difficulty in reconnecting it, and noted that the order had become final due to the absence of an appeal against it.
Final Decision: The revision petition was rejected and dismissed, and the petitioner was directed to re-connect the line. The court also advised bringing any genuine technical reasons or subsequent supervening circumstances to the notice of the Executing Court.
Mr. Justice A.K. Bhattacharjee, President— This is a revision petition against two orders dated 25.7.1995 passed in CDF Case. No. 1043/95 and dated 6.2.1997 passed in CDF Execution Case No. 200/95. No copy of order dated 25.7.1995 has been furnished by the revision petitioner at though a copy of order dated 6.2.1997 has been filed.
2. It appears from the documents filed that order dated 25.7.1995 was passed in the main Case No. 1043/95 directing the CESC to reconnect the DC line of the petitioner/complainant which was dis-connected for non-payment of charges. The CESC raises an objection that it was their policy not to give any new connection in DC line and they propose to instal a new meter in the AC line. As there was no AC line in me premises, the complainant was not agreeable to the proposal of the CESC. The learned CDF had considered both parties submission and ordered that the DC line should be re-connected. No appeal was filed against the said order and the order was put to execution in CDF Execution Case No. 200/95. The said execution case was disposed of by the impugned order dated 6.2.1997 in which the Forum held that its order in the main case shall prevail and the same must be executed by the CESC Ltd.
3. In the revision petition which has been filed after the expiry of two years from the date of disposal of the main case, the revision petitioner, namely, the CESC Ltd. has stated that the order for re-connection cannot be complied with as supply in the DC line has been dis-continued by the CESC long time ago on technical grounds. The fact however, remains that DC line is still in existence in Calcutta and in some premises both the AC and DC lines are co-existing. We, however, appreciate the objection raised by the CESC that there should be no order for the installation of a fresh DC line on account of the policy of the Corporation. But, the line which was in existence and which is sought to be re-connected stands on a different footing. Hence, if the premises in question already contains DC line there should normally be no difficulty to reconnect it. In that view of the matter the order passed by the CDF in the execution case cannot be said to be bad. There is also no jurisdictional error in the order.
4. We have also noted that no appeal was filed against the main order. So the order has become final.
Considering the entire circumstances we are not inclined to allow the revision petition. The revision petitioner shall re-connect the line and if it is really not possible to re-connect the line for genuine technical reasons or for subsequent supervening circumstances, the matter should be brought to the notice of the Executing Court. With the above observations the revision petition is rejected and dismissed.
Revision Petition dismissed.
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