West Bengal

South 24 Parganas

CC/157/2015

Tarun Kanti Laskar. - Complainant(s)

Versus

1.West Bengal State Electricity Distribution Co. Ltd. - Opp.Party(s)

Debesh Halder.

31 Dec 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. ___157   OF ___2015____

 

DATE OF FILING : 30.3.2015     DATE OF PASSING JUDGEMENT:_31.12 .2015__

 

Present                        :   President       :  

 

                                        Member(s)    :  Smt.  Sharmi Basu  & Subrata Sarker                                      

 

COMPLAINANT                  :  Tarun Kanti Laskar, of Radha Krishna Apartment, 4A, 4^th Floor, R.K. Pally, Teghoria, Sonarpur, Kolkata – 150.

 

-VERSUS  -

 

O.P/O.Ps                                :  1. WBSEDCL, Vidyut Bhavan, Block-DJ, Sector-III, Salt Lake, Kolkata-91.

                                                  2.    Station Manager, WBSEDCL, Ghasiara , Sonarpur, Kol-150.

                                                  3.   Divisional Engineer, WBSEDCL, Garia Division, S-24PGs,Garia,                   

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

            The petition of complaint made under section 12 of the C.P Act ,1986 has been filed by the complainant against the O.Ps on the ground of deficiency in service on the part of  the O.P .

             It is the short case of the complainant that complainant is a consumer of electricity undr the O.Ps bearing Consumer No.ID-101538526 and Meter no.L2779260-N used for domestic purpose . The case of the complainant is that ye used only 2-CFL Lamp, 2 Fan , 1-TV and one Refrigerator and residing at the said flat only two numbers. Complainant received a bill for the month of August, September and October, 2014 a sum of Rs.3,018/- which was not sent by the O.Ps as per actual meter reading and the bills are illegal. Accordingly he made a complaint on 7.8.2014 . . The O.Ps also sent another bill for the month of October 2014 to December, 2014 which is also excessive and not on the basis of actual meter reading and the amount shown is Rs.4506/- and outstanding amount is Rs.2066/- without any basis . The allegation of the complainant is that the meter is defective for which excessive bill is being sent . He requested to the O.Ps for redressal of his grievance but the O.Ps did not pay any heed to it and hence this case praying for sending the meter ot trhe Govt. Testing Department for report and not to disconnection the electric line in the meantime , cost and compeantion.

            Though the O.Ps appeared but did not file written version and case proceeded exparte agaisnt them.

Points for Decision

1. Whether the complainant is a Consumer or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

Decision with reasons

            All the points are taken together as they are interlinked.

            We have gone through the petition of complaint and all other documents brought before this Forum by the complainant. The O.P WBSEDCL has not appears before this Forum even after valid service of notice. We have no other alternative but to adjudicate the instant case exparte against the O.Ps and all the documents filed by the complainant being unchallenged piece of testimony are considered as true.

            From the record it appears that on 10.10.2014 O.P informed the complainant through a letter that it was observed repeatedly that the matter in dispute was O.K. But from the record it also appears that relevant inspection of the matter was performed neither in presence of the complainant nor he was informed for the same. This act of the O.Ps amounts to deficiency in service and we are of the opinion that the O.Ps should inspect the disputed meter and to test the same by a competent person whether the meter is defective or not in presence of the complainant with prior intimation and till the aforesaid inspection is completed, the O.Ps should not claim the outstanding amount as mentioned in the petition of complaint.

            Therefore, the case of the complainant is allowed in part exparte without cost.

            Hence,

Ordered

That the case is allowed in part without cost .

The O.Ps are jointly and/or severally directed to inspect the disputed meter and to test the same by a competent person whether the meter is defective or not in presence of the complainant with prior intimation to the complainant and till the aforesaid inspection is completed, the O.Ps are directed not to claim any outstanding amount as mentioned in the petition of complaint and the process should be completed within 30 days from the date of this order.

O.Ps are strictly directed not to disconnect the electric connection at the residence of the complainant till execution of this order.

In the facts and circumstances of the case, we pass no order as to cost and compensation.

Let a plain copy of judgement be supplied to the parties free of cost as per rule.

 

Member                                   Member                                              

 

Dictated and corrected by me

 

            Member

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

            Ordered

That the case is allowed in part without cost .

The O.Ps are jointly and/or severally directed to inspect the disputed meter and to test the same by a competent person whether the meter is defective or not in presence of the complainant with prior intimation to the complainant and till the aforesaid inspection is completed, the O.Ps are directed not to claim any outstanding amount as mentioned in the petition of complaint and the process should be completed within 30 days from the date of this order.

O.Ps are strictly directed not to disconnect the electric connection at the residence of the complainant till execution of this order.

In the facts and circumstances of the case, we pass no order as to cost and compensation.

Let a plain copy of judgement be supplied to the parties free of cost as per rule.

 

 

Member                                   Member