Sadhan Mondal v. Station Manager, Krishnagar Group Electricity Supply
2009-12-01
PRANAB KUMAR DEB
body2009
DigiLaw.ai
Judgment :- (1.) The instant application has been filed, challenging the impugned order dated 21.5.2009 passed by the learned Additional District Judge, 4th Court, Krishnagar, Nadia. (2.) Challenging the meter bill amounting to Rs. 54,417/-, the petitioner/plaintiff herein filed a suit for permanent injunction with a prayer for an order restraining the defendant from disconnecting the electric connection for non payment of the bill amounting to Rs.54,417/-. (3.) Immediately after the representation of the suit, a separate application for temporary injunction was filed. The learned Court below was pleased to reject the prayer for ad interim injunction. Challenging the order, a misc. appeal was preferred. The learned District Judge granted ad interim order of injunction for a limited period at the time of admission of the appeal. On hearing of the aforesaid application for injunction, the learned Appellate Court was pleased to reject the application filed by the petitioner for temporary injunction. In the wake of such dismissal of the misc. appeal, the present revisional application has been filed. (4.) Referring to the provision contained in 3.1.1 of the West Bengal Electricity Regulatory Commission (ESC) Regulations, 2004, it is submitted by Mr. Chatterjee that the meter reading for the energy consumed and the other particulars as may be required shall be done preferably in presence of the consumer or his representative. The Act also provides that the meter reading shall be recorded on a meter card or a book or any other document and meter reader will sign on it in token of its recording and also get the signature of the consumer or its representative. In case of refusal to sign by the consumer or its representative or their non-availability, the meter reading recorded by meter reader will be taken prima facie as correct. It is submitted that since an inflated bill has been submitted that without proper recording of the meter and without having signature of the consumer recorded in the meter card, the claim for payment of Rs. 54,417/-, is not sustainable in law. It is argued that the learned Appellate Court has not appreciated this fact in rejecting the application for temporary injunction filed on behalf of the petitioner. (5.) Challenging the contention of the petitioner, Mr. Chattopadhyay has submitted since there is provision for preferring appeal against the alleged inflated bill, the petitioner could have availed of the opportunity that was available to him.
(5.) Challenging the contention of the petitioner, Mr. Chattopadhyay has submitted since there is provision for preferring appeal against the alleged inflated bill, the petitioner could have availed of the opportunity that was available to him. The procedures provided in 3.1.1 of the West Bengal Electricity Regulatory Commission (ESC) Regulations, 2004, have not been followed, the learned Trial Court as well as the Appellate Court rightly rejected the application for temporary injunction in favour of the petitioner. (6.) Section 3.1.1 of the West Bengal Electricity Regulatory Commission (ESC) Regulations, 2004 provides that the meter reading for the energy consumed and the other particulars as may be required shall be done preferably in presence of the consumer or his representative. The meter reading shall be recorded on a meter card or a book or any other document and meter reader will sign on it in token of its recording and also get the signature of the consumer or its representative. In case of refusal to sign by the consumer or its representative or their non-availability, the meter reading recorded by meter reader will be taken prima facie as correct. In case of monthly billing meter reading should normally be done between a period of 28 days and 32 days of the last meter reading unless specifically exempted by the commission in deserving cases keeping in view the area of operation of the licensee, type of consumer etc. In case of bi-monthly or quarterly billing the period will be extended by 30 days and 61 days respectively. (7.) Whether the meter reading was done in presence of the consumer or not that is to be decided by the learned Trial Court in considering the application for temporary injunction. Whether the consumer refused to sign on the meter card or not that is also to be looked into at the time of disposal of the application for temporary injunction filed by the petitioner. All these aspects have not been properly dealt with by the learned Trial Court as well as the Appellate Court in rejecting the application for temporary injunction. The impugned order, as such, is not sustainable in law.
All these aspects have not been properly dealt with by the learned Trial Court as well as the Appellate Court in rejecting the application for temporary injunction. The impugned order, as such, is not sustainable in law. (8.) Accordingly, in allowing of the present revisional application, direction is given to the learned Civil Judge, (Junior Division), 1st Court, Krishnagar, Nadia to hear out and dispose of the application for temporary injunction within a period of one month from the date of communication of this order. Till the application for temporary injunction is disposed of, the opposite party shall not disconnect the electric connection, if it has not been disconnected in the meantime. Urgent xerox certified copy of this order, if applied for, be given to the parties. Appeal allowed.