Illegal disconnection of electricity supply without valid legal notice and lack of evidence for theft of energy constitutes grounds for compensation and restoration of supply to the consumer.

Mr. Justice S.C. Datta, President—This is an appeal by the Calcutta Electric Supply Corporation against the decision of the Forum directing it to restore supply of electricity to the petitioner within a period of 15 days. The Forum directed the appellant to pay a sum of rupees 2,000/- as compensation.

2. The petitioner is a consumer of electricity and he receives supply in his premises through a meter installed in a portion of the building, which had been let out to another. The petitioner has all along been paying electric bills regularly till May, 1998. But on 24.6.1998 the supply of electricity was disconnected. On inquiry he came to learn that the supply has been disconnected for pilferage of energy and he was asked to deposit a sum of rupees one lakh for restoration of supply. The petitioner’s age is about 80 years and he is suffering a lot because of non-supply of electricity. So, he has brought this action claiming compensation for the sum of Rs. 1,50,000/- and for a direction upon the C.E.S.C. for restoration of supply.

3. The case was contested by the C.E.S.C by filing a written version. According to the opposite party the petitioner was guilty of tampering with the service apparatus, so as to by-pass registration in the meter and as such he was under charged for a pretty long time. On 24.6.1998 the pilferage was detected and the supply was immediately disconnected. The matter was reported to the police station and the petitioner was requested through letter of the same date to meet the C.E.S.C officer forthwith. But nobody turned up. Later a bill for the sum of rupees 3,992/- was sent to the petitioner towards unmetered consumption. They have denied other allegations.

4. The Forum noticed that the petitioner has been paying the electric bill regularly in respect of his meter and there is no outstanding amount. The C.E.S.C. has come out with a case of pilferage of energy. It appears that no G.D. Entry nor any F.I.R. was produced to substantiate the allegation about the theft of energy. It has been stated that the pilferage was noticed during inspection. But the said report is not forthcoming. The allegation of the petitioner is that the supply of energy to his premises was cut off without any valid legal notice. In reply the C.E.S.C. states that following detection of theft of energy they have disconnected the supply and simultaneously they have issued notice to the petitioner. It appears that the notice dated 24.6.1998 was not posted on that date but it was posted on 29.6.1998. The petitioner received it on 30.6.1998.

5. We have noticed earlier that there is no prima facie evidence to show that the petitioner replaced seals by spurious ones. The inspection reports have not been produced nor any explanation offered for its non-production. Likewise no copy of F.I.R. or G.D. Entry was produced. There is therefore practically no material to substantiate the allegation about the theft of energy by the petitioner.

6. We have earlier indicated that the petitioner was regularly paying charges for consumption of energy recorded through his meter. The notice of disconnection was received by the petitioner after the supply was disconnected. This action on the part of the C.E.S.C. is highly illegal and as such it cannot be supported. The petitioner is an octogenarian and he has been put to immense suffering by illegal disconnection. Having considered the entire matter in proper perspective, the Forum directed the payment of compensation of a sum of rupees 2,000/- only and restoration of supply. We find no reason to disagree. In our opinion the appeal is without any merit and so it is dismissed.

Appeal dismissed.

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