CESC ltd. South Regional Office , 6, Mandevilla Gardens, Kol-19

Advocate.soniaAdvocate.sonia Senior Member
edited September 2014 in Judgments
4

C.C.no. 167 of 2008

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 PARGANAS

Judges Court Road, Alipore, Kolkata – 700 027

C.C. no._167___ of 2008


Date of filing_18.7.2008 Date of Disposal_24/03/09_

Before: President : Shri Dipak Shyam Roy


Member(S): A Roy Chowdhury & Sharmi Basu


COMPLAINANT : Sri Badal Sarma, ,s/o late Jogendra Chandra Sarma, of 14/13C, Bosepukur Road, P.S. Kasba, Kolkata - 42


- VERSUS -


O.P./O.P.'S : 1) District Engineer, CESC ltd. South Regional Office , 6, Mandevilla Gardens, Kol-19

2) Sri Ashim Kumar Sarma, s/o late Jogendra Chandra Sarma, of 17/5, Bosepukur Road, P.S. Kasba, Kol-42, Dist. 24 Pgs (S)

________________________________________________________________________

J U D G E M E N T

This application under Section 12 read with Section 13 of the C.P Act, 1986 has been filed by the complainant Sri Badal Sarka against the O.Ps CESC ltd. Through its District Engineer(South) and Sri Ashim Kumar Sarma, the brother of the complainant.

The fact of the case in brief as made out in the petition of complaint is that the complainant is the joint owner having undivided 50% share in the flat situate at Sonartari Apartment of 17/5, Bosepukur Road, P.S. Kolkata – 42 and possessing the same jointly with other co owners Smt. Renuka Sarma ,the mother of the complainant. The father of the complainant since deceased was a consumer under the O.P CESC vide Consumer no. 02119125006 and Meter no. 2884472. After his death the said meter was changed in the name of the complainant on his prayer. From the bill of 2007 the complainant suddenly came to know that his name was deleted and the name of O.P-2 Ashim Kumar Sarma was incorporated. The complainant made request to the O.P CESC for rectification of the name of the consumer but the O.P-1 did not act upon it. The complainant has now prayed for a direction upon the O.P-1 to rectify the name of the consumer deleting the name of the O.P-2 and incorporating the name of the complainant and also has prayed for cost of this case.

The O.P-1 has contested the case filing written version and has admitted that the electric meter of the complainant's father , on his death, was transfered in the name of the complainant on production of a Deed of Gift. But the said supply of the complainant was disconnected on 27.2.2007 for outstanding dues. After discontinuance of supply, the Grievance Redressal Officer of the O.P no.1 received one objection letter dated 1.3.2007 from the complainant's mother Smt. Renuka Sarma ,claiming to be the original heir and successor of the electric meter of her deceased husband. With her consent and on payment of outstanding dues against the said meter, and on payment of a fresh security deposit of Rs. 700/- and after fulfilling required formalities , the disputed meter was transferred in the name of O.P-2, who is the another son of Smt. Renuka Sarma. The O.P-1 has alleged that the complainant has another electric line in the said premises and he failed to produce any legal document to prevent the O.P-1 to place its legitimate claim over the meter. The O.P-1 has also challenged the maintainability of the case on the ground that it is an internal disputes between the legal heirs of the original consumer.

The O.P-2 has also filed separate written version and has contended that the meter in question was disconnected by the CESC ltd and thereafter after demise of the original consumer the O.P-2 applied for conversion of his name of the said meter in his favour and complied with necessary formalities and made payment of requisite charges and the said meter was converted in his name and as such according to him there is no illegality on the part of the O.P-1. He prays for dismissal of the case.

Point for decision in this case are (i) whether the case is maintainable ,(ii) whether the dispute is a consumer dispute, (iii) whether it is the dispute civil in nature and (iv) whether the complainant is entitled to get relief as prayed for.

Decision of the Forum :-

The complainant has filed Evidenced on Affidavit and both the O.Ps have filed his evidence on affidavit .

Admittedly the parent of the complainant and the O.P-2 were the joint owners of the premises in question. From the Deed of Gift furnished by the complainant it transpires that his father has gifted his share of the said property in favour of the complainant. The property being undivided the legal heirs of the deceased, original consumer, are entitled to apply for change of the name in favour of one of them. Here no illegality was caused in changing the name of the meter. The evidence of the complainant is completely silent regarding the allegation made by the O.P-1 that electric charges were lying outstanding. Therefore, for non payment of dues it was very much within the competence of the O.P-1 to disconnect the line.

Now the mother of the complainant who is also the owner of 50% share of the property asked the CESC to change the name in favour of his son who is the O.P-2 in this case. The meter was changed in the name of O.P-2 on payment payment of dues and on payment of requisite deposits. The complainant cannot claim that he is the only authorised person under law to enjoy the electricity from the meter of his deceased father. As such there is nothing wrong in giving electric supply in the name of the O.P-2 with the consent of his mother who is admittedly the 50% owner of the house. If the complainant wants to enjoy electricity further, his duty is to apply for the electricity and to comply with all formalities including payment of necessary fees thereof.

Here after disconnection of the electric connection on the allegation of non payment of alleged dues and after changing the name of the meter in the name of another person, the complainant has ceased to be a consumer and there is no deficiency in service on the part of the O.P-1 CESC. , for which it cannot be held that the case is maintainable.

The dispute here is a dispute between the two brothers which is a dispute civil in nature and therefore, we pass following orders :-

The case be and the same is dismissed on contest without cost.



Member Member President


Dictated and corrected by me


President

Comments

  • edited April 2011
    Respected Sir

    I Rizwan Ahmed applied for a new metre I got ametre but the wire connection has not given
    my (MA Bill no is 03/60008/11/6/1) and metre no is 4380647 ther are not giving any reply
    so plz look after my problem.


    Yours Respectly
    Rizwan Ahmed
  • edited June 2011
    Respected Sir,
    I,Mr.Jason Clayton Hardy,of the below mentioned address and of the Consumer No.02079101059 regret to inform you that I have been receiving very very high electricity bills for sometime now.If you study my bills for the past few months you will be shocked to see the massive increase in the total UNIT consumption every month-there is something terribly wrong with the whole setup and I would be extremely grateful to your kind self if you would kindly aid me with this problem as I am financially unable to cope with these big bills.
    For your kind information my electric meter is a new one which I received about a year ago and I live in a two room flat of about 300sq m and the following are the electronic gadgets used at home-which do not match the bills I receive;
    2 Ceiling Fans
    1 Stand Fan
    3 Tube Lights
    4 CFC Lights
    1 LCD TV
    1 Home Theatre
    1 Samsung Refrigerator
    1 Set Top Box
    1 Mixer n Grinder.
    Please note that I do not have an Air Conditioner but my electricity bills are more than my neighbour who has an AC and an Oven and an Iron-I have no complaints with his bills but definitely I know something is wrong with my bills.
    I therefore request you to look into the matter and take necessary action to avoid this happening next month and I will be always grateful to you for this.
    Thanking you,
    Jason Clayton Hardy
    28A Palm Avenue South Regional Office
    Kolkata 700019 6,Mandeville Gardens
    Kolkata 700019
  • edited November 2011
    consumer no 75093065034
    please note My oct'11 bill is showing a Total 300 Unit Consumtion which is all time in compariosn with the last one year. my highest consumtion was 232 unit in the month of may'11 which was hot summer. please look into it .
  • viveka505viveka505 Junior Member
    edited January 2012
    Re: CESC Ltd Consumer no.75096041009 LP-29/18/6/2. Tapas Kumar Pathak, Advocate, High Court at Calcutta, Pathak House, 1-Tarapith, Kolkata-700078.

    Sir,
    My opposite building is being developed/ under construction. They had their electric meter connected to LP-29/18/6/1 all along. But since it has been connected to LP-29/18/6/2 about a month ago, it has come to my notice that the power supply line has been affected.The voltage is fluctuating very frequently and noticeably. Whenever their welding work or polishing motor work is going on all my electrical instruments are shivering at risk. My costly desktop, laptop, cooker, fridge, TV are at risk. Two tube light sets have lost life.

    I request to send expert team immediately and save the consumer from the risk by stopping fluctuations of Voltage in power supply; failing which you would have to pay for the entire loss of this consumer including 1 choke, 4 starters, 2 tube lamps which I have lost in this one month causing disturbance to my professional loss too, which the Hon'ble Court may consider to repay to me.

    TAPAS KUMAR PATHAK, Advocate, High Court at Calcutta, Pathak House, 1-Tarapith, Kolkata-700078. e-Mail ID: viveka505@rediffmail.com
    Mobile No. 9836612808.
  • edited June 2012
    Frequent fluctuation in voltage supply.

    Re: CESC Ltd Consumer no.08141105027 LP-76/9/4/6/2. Khuku Moni Halder, 3rd -Flr; FL-C2; 9/25 Netaji Nagar; Kolkata 40

    Sir,
    Please note that since last 10 days the supply voltage in our area has been abbruptly fluctuated. Due to this fluctuation the fan, tube light and AC is not working properly. In the last night the compressor of my AC has been tripped for several time. May after few days the Ceiling Fan, the AC will be dameged due to this fluctuation. It is not possible to replace or change my electronics good very frequently beacuse this is very expensive.

    I request to send expert team immediately and save the consumer from the risk by stopping fluctuations of Voltage in power supply; failing which you would have to pay for the entire loss of this consumer causing disturbance to my professional loss too, which the Hon'ble Court may consider to repay to me.

    Thanks
    Khuku Moni Halder
    Mobile No. 08420414716
    email - acharya.nilanjan@gmail.com
  • edited July 2012
    Receiving very high electricity bills.

    Respected Sir,

    I,Mr. Nagendra Nath Roy,of the below mentioned address and of the Consumer No.02072078001 regret to inform you that I have been receiving very very high electricity bills for sometime now.If you study my bills for the past few months you will be shocked to see the massive increase in the total UNIT consumption every month-there is something terribly wrong with the whole setup and I would be extremely grateful to your kind self if you would kindly aid me with this problem as I am financially unable to cope with these big bills.

    For your kind information that the following are the electronic gadgets used at home-which do not match the bills I receive;
    2 Ceiling Fans
    1 Table Fan
    1 Tube Light
    1 TV

    Please note that I do not have an Air Conditioner but my electricity bills are more than my neighbour who has an AC and an Oven and an Iron-I have no complaints with his bills but definitely I know something is wrong with my bills.

    I therefore request you to look into the matter and take necessary action to avoid this happening next month and I will be always grateful to you for this.

    Thanking you,

    Nagendra Nath Roy

    24/B, Old Ballygunge 2nd Lane South Regional Office
    Kolkata 700019 6,Mandeville Gardens
    Kolkata 700019
  • edited November 2012
    TO
    THE GRIEVANCE REDRESSAL OFFICER
    C E S C Ltd.
    South Regional Office , 6, Mandevilla Gardens, Kol-19

    FROM: DATED: 27.11.2012
    PAROMITA ROY
    2/61, Azadgarh, PO-Regent Park, Kolkata- 700 040.
    Consumer Number -08092010110

    SUB: COMPLAIN FOR HUGE AMOUNT OF ELECTRIC BILLS

    THIS IS TO BRING TO YOUR KIND NOTICE THAT THE ABOVE MENTIONED CONSUMER OF CESC WOULD LIKE TO INFORM YOU ABOUT YOUR HUGE BILLING AMOUNT AND METER READED UNITS OF LAST10 MONTHS WHICH ARE MORE OR LESS DUBOULE THAN PREVIOUS YEARS AND INCREASING ABNORMALY. NO POWER CONSUMABLE EQUIPMENTS BEING ADDED TO MY HOUSE AND USAGE ARE NORMAL AS BEFORE, BUT WHY THERE IS SO MUCH DIFFERENCE OF THE METER READING?
    I HAD CHECKED ALL THE WIRINGS, IT IS IN GOOD CONDITION. BUT STILL THE METER READING IS JUMPING UP CONTINUOUSLY.HOW CAN IT HAPPEN?
    AS I FEEL THERE MAY BE TWO WAYS 1) THEFT OF POWER FROM MY METER. 2) MECHANICAL FAULT OF THE METER? BUT IN BOTH CASES I AM PENALISE AND PAYING MONEY TO YOU, WHY SHOULD I BEAR IT?

    HERE IS THE METER READINGS OF LAST FEW MONTHS


    Current /Previous
    10.05/09 -117 UNITS
    31/01/11-166
    01/02/12- 121
    30/07/12-257
    03/11/12-261

    a) THE CURRENT CONSUMPTION UNITS IS IMPOSSIBLY HIGH COMPARED TO THE PREVIOUS YEAR.
    b) IN THE LAST FEW MONTHS THE RECORD HIGHEST UNITS ARE CONSUMED AS PER YOUR BILL.

    FOR THIS HUGE UNITS BILL I HAVE TO PAY THE MAXIMUM RATE PER UNIT FOR YOUR READING. IS IT A PREPLAND WAY TO SQUIZE US? WHY SHOULD I PAY MORE FOR YOUR MECHANICAL/MANUAL FAULTS?
    UNDER THESE CIRCUMSTANCES I AM REQUESTING YOU TO CHECK THE METER THROUGH
    YOUR TECHNICIAN AS EARLY AS YOU CAN. 2) CONSIDER THE HUGE AMOUNT BILLL OF Rs.1540/-WHICH IS DIFFICULT TO PAY AT A TIME.
    HOPE YOU WILL LOOK AFTER THIS MATTER AND TAKE THE NECESSARY ACTION AS EARLY AS POSSIBLE FOR OVERCOMING THE CONSUMER HARRASSMENT.

    THANKING YOU.
    YOURS SINCERELY

    PARAMITA ROY
  • edited May 2013
    Kindly rectify the spelling mistake of my name as BIMAL KANTI SUR in place of incorrect name written on the Electric Bill as MIMAL KANTI SUR.

    My Consumer Name : Old 05063079032 (PRINTED ON MA bill no. 01/02783/83/6 dated 31.01.85)


    New Consumer No. : 76035065006


    Please rectify at your end under advice to me

    BIMAL KANTI SUR
  • edited October 2013
    To
    The Regional Manager,

    CESC linited

    Dear sir,

    I would like inform you that today I have received green color (disconnection Notice and Bill ) , where it has mentioned that no payment has been received a/c July 2013 from your end.
    How ever , this is to inform you that I have paid the amount A/c July2 013 by one cheque ( Cheque No ;726424 of Corporation Bank, Jadavpur Br) total amount Rs1710.00 , which was debited on 11.09.2013 fro my account.

    Following are the Name and consumer No


    1.Goutam Basu:-07169042009 }
    2.Meena Basu:- 07169043006 ] D/24A, KATJUNAGAR, KLOKATA 700032 3.
    3.Bipasha Basu :-07169042018 ]

    4. Meena Basu : 07169069094 D/24, Katjunagar, Kolkata 700032



    I have attached Electricity Bills and bank document for onward correction of the current bills.

    I am an Ex Eveready personal and Mr BM Khaitan was our MD, I am a Senior citizen and my movement is restricted because of knee's problem. As a result , I will not be able to visit your Regional office . Hence I request to your kind good self,kindly rectify my account and send the fresh bills a/c August 2013 at your earliest. So that Payment can be made on TIME.

    Regards & Thanks

    Goutam Basu

    MO : 9830896479
    To
    The Regional Manager,

    CESC linited

    Dear sir,

    I would like inform you that today I have received green color (disconnection Notice and Bill ) , where it has mentioned that no payment has been received a/c July 2013 from your end.
    How ever , this is to inform you that I have paid the amount A/c July2 013 by one cheque ( Cheque No ;726424 of Corporation Bank, Jadavpur Br) total amount Rs1710.00 , which was debited on 11.09.2013 fro my account.

    Following are the Name and consumer No


    1.Goutam Basu:-07169042009 }
    2.Meena Basu:- 07169043006 ] D/24A, KATJUNAGAR, KLOKATA 700032 3.
    3.Bipasha Basu :-07169042018 ]

    4. Meena Basu : 07169069094 D/24, Katjunagar, Kolkata 700032



    I have attached Electricity Bills and bank document for onward correction of the current bills.

    I am an Ex Eveready personal and Mr BM Khaitan was our MD, I am a Senior citizen and my movement is restricted because of knee's problem. As a result , I will not be able to visit your Regional office . Hence I request to your kind good self,kindly rectify my account and send the fresh bills a/c August 2013 at your earliest. So that Payment can be made on TIME.

    Regards & Thanks

    Goutam Basu

    MO : 9830896479
    To
    The Regional Manager,

    CESC linited

    Dear sir,

    I would like inform you that today I have received green color (disconnection Notice and Bill ) , where it has mentioned that no payment has been received a/c July 2013 from your end.
    How ever , this is to inform you that I have paid the amount A/c July2 013 by one cheque ( Cheque No ;726424 of Corporation Bank, Jadavpur Br) total amount Rs1710.00 , which was debited on 11.09.2013 fro my account.

    Following are the Name and consumer No


    1.Goutam Basu:-07169042009 }
    2.Meena Basu:- 07169043006 ] D/24A, KATJUNAGAR, KLOKATA 700032 3.
    3.Bipasha Basu :-07169042018 ]

    4. Meena Basu : 07169069094 D/24, Katjunagar, Kolkata 700032



    I have attached Electricity Bills and bank document for onward correction of the current bills.

    I am an Ex Eveready personal and Mr BM Khaitan was our Chairman, I am a Senior citizen and my movement is restricted because of knee's problem. As a result , I will not be able to visit your Regional office . Hence I request to your kind good self,kindly rectify my account and send the fresh bills a/c August 2013 at your earliest. So that Payment can be made on TIME.

    Regards & Thanks

    Goutam Basu

    MO : 9830896479
  • edited October 2013
    The Regional Manager,

    CESC linited

    Dear sir,

    I would like inform you that today I have received green color (disconnection Notice and Bill ) , where it has mentioned that no payment has been received a/c July 2013 from your end.
    How ever , this is to inform you that I have paid the amount A/c July2 013 by one cheque ( Cheque No ;726424 of Corporation Bank, Jadavpur Br) total amount Rs1710.00 , which was debited on 11.09.2013 fro my account.

    Following are the Name and consumer No


    1.Goutam Basu:-07169042009 }
    2.Meena Basu:- 07169043006 ] D/24A, KATJUNAGAR, KLOKATA 700032 3.
    3.Bipasha Basu :-07169042018 ]

    4. Meena Basu : 07169069094 D/24, Katjunagar, Kolkata 700032



    I have attached Electricity Bills and bank document for onward correction of the current bills.

    I am an Ex Eveready personal and Mr BM Khaitan was our MD, I am a Senior citizen and my movement is restricted because of knee's problem. As a result , I will not be able to visit your Regional office . Hence I request to your kind good self,kindly rectify my account and send the fresh bills a/c August 2013 at your earliest. So that Payment can be made on TIME. kindly consider it urgent

    Regards & Thanks

    Goutam Basu

    MO : 9830896479
  • edited November 2013
    Payment maid but yeat no responce
  • edited December 2013
    Name and Address rectify in monthly Electricity Consumption Bill Consumer no 75232049049
    To,
    Senior Commercial Executive
    The Officeer - In - Charge
    CESC LTD
    6,Mandevilla Garden
    Kolkata - 700019


    Sub : Name and Address rectify in monthly Electricity Consumption Bill Consumer no 75232049049
    This is for your kind information that above mentioned consumer no. Name and Address
    should Rectify in monthly Electricity Consumption Bill


    Present Billing Name and Address:

    SUDAM JANA & PAMPA JANA
    843 KALIKAPUR(164,PURBALOK,MUKUNDAPUR)
    KOLKATA 700099
    LP: 213/12/4/2

    RECTIFICATION NAME & ADDRESS:

    SUDAM JANA & POMPA JANA
    164, PURBALOK, 8 TH STREET
    Premises No. 843 - KALIKAPUR
    1ST FLOOR, FLAT NO - F1
    P.O - MUKUNDAPUR
    KOLKATA 700099
    LP : 213/12/4/2


    pls do the needfull action at your end and oblige

    thanks

    sudam jana & pompa jana
  • edited January 2014
    The Dy. G.M. ( Central), Date:
    CESC Ltd.,
    South Regional Office
    6, Mandeville Gardens,
    Kolkata – 700 019.

    Dear Sir, Sub: Non receipt of Security deposit.

    Ref : Ex-consumer No. : 76042112008
    Transferred on : 22.8.2013.

    With reference to the above, I have not received the Security money against the above consumer
    number till date as my flat was already sold. I would therefore request you to please send the same immediately and oblige. In this connection, please also note that I have now been shifted to the
    following new address which is mentioned below and henceforth, you also send the letter /
    documents to my new address :

    JATINMOY DAS ( Mobile: 9836184052 )
    C/o Dipak Kumar De,
    37, Arabindanagar Road, Near Arabindanagar Shibmandir,
    P.O. Nandannagar, Belgharia,
    Kolkata – 700 083.

    Thanking you,

    Yours faithfully,



    ( JATINMOY DAS )
  • edited March 2014
    To
    The Chief Engineer
    CESC Limited
    6,Mandivilla Garden
    Kolkata.


    Sub: Replacement of Meter No.2404261and Consumer No.02142070041

    Dear Sir,
    I like to draw your kind attention that due to irregular meter reading I request your favour to change my meter (if needed) as mentioned with immediate effect.

    Requested to please do the needful and obliged.


    Thanking You
    Yours Faithfully



    (Sandip Mitra)




    From:-
    Sandip Mitra
    12/3U Dharmatala Road
    Latika Appertment,Flat-A
    Kolkata- 700030
    (M) 9038002242
    E-Mail.uma.export@gmail.com
  • edited March 2014


    we kind request to you to take action as soon as possible.
    Thanking you
    sunny.shaw.ss.@gmail.com
  • edited June 2014
    Last 12 hrs we do not hv power. only 2 old people are leaving this building I do not hv yr phone number. My consumer nbr is 02163001001 Lampost no 129/24. Kindly help us to rectify the problem.
    Ms manjushree Roy
  • edited September 2014
    Dear sir i am anwar sayeed live 12/11 tiljala shibtala lane kolkata 700039 i have paid my masd bill & security bill 24/07/2014 but not have my metar so you look this mateer
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