IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/87/2016.
Date of Filing: 03.06.2016. Date of Final Order: 25.01.2017.
Complainant: Kamiruddin Sk, S/O Late Jahir Sk, Vill. Anuppur, P.O. Ramna Seikhdighi,
P.S. Sagardighi, Dist. Murshidabad, Pin -742235.
-Vs-
Opposite Party: A.E. & Station Manager, Raghurathganj CCC, P.O.&P.S. Raghunathganj,
Dist. Murshidabad. Pin -742227.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
Instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 for the direction to the OP of not to disconnection the electric line of the complainant without settlement of non-supply of insulator as well as prepared and sending bills without taking meter reading with a sum of Rs.1, 17,627/- as outstanding from February, 2014 to February, 2016.
The complainant’s case, in brief, is that the complainant is a consumer of the OP for the electric connection of his submersible pump for agricultural field. According to the complainant, since installation of the pump the OP did not supply the insulator, for which he cannot operate the pump and his cultivation was hampered. Therefore, the complainant, on several times, requested to the OP to settle the matter but the OP did not pay any heed. In addition the OP used to send bills without taking any meter reading . So, the complainant did not pay the bills. This act of the OP is nothing but deficiency in service. Besides this, the OP served a notice on 4.5.2016 to the complainant for disconnection of electric line. Then the complainant came to this Forum for proper redress.
On the other hand the OP appeared in this case by filing written version where he denied all the allegations. The OP also stated that the electric connection of the complainant was effected on 21.01.2014 and the OP sent bills regularly. But the complainant did not pay the bills; even he ran his submersible pump continuously. The OP further stated that the OP took meter reading as 27433 units through the enlisted agency, but the complainant was reluctant to pay the bills. For that a huge amount was unpaid by the complainant. Due to this the OP sent a disconnection notice to the complainant and for non-compliance of that notice the line was disconnected on 20.05.2016. So, the OP has no deficiency in service on their part and is entitled to get all the dues.
The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.
Decision with Reasons.
It is pertinent to mention that the complainant has submitted some documents in support of his case. The OP also submitted documents in this case.
Perused the document in the record, we observed that the complainant has an outstanding amount of Rs.1,17,627/- from the month of February, 2014 to February, 2016 as well as he received a disconnection notice on 04.05.2016 both are admitted facts. According to the allegation of the complainant, the OP used to prepare the bill without meter reading is evident in the copy of yellow card which is with marking as “000000” only on first day, though without date and signature. It is a gross-negligence /deficiency in service on the side of the OP.
Regarding the outstanding amount, we observed that the meter was installed on 21.01.2014 and the outstanding starts from February, 2014. So since inception the complainant did not pay the bills till today, which made this outstanding with total bill amount of full two years. The OP mentioned outstanding amount in every bill to aware the complainant but he was reluctant to pay, though he consumed the electricity regularly. Astonishingly, when the OP sent the disconnection notice, then the complainant filed this case, which clearly opens the intention of the complainant. But the complainant has to realize that he has to pay the consumed electricity charges.
Besides this, the complainant’s another allegation was in the complaint that the OP did not supply insulator for which he was unable to operate the pump and he faced a huge loss in cultivation. But all documents i.e copies of electric bills are evident that he consumed the electricity. So, the complainant has failed to prove the allegation as well as it is proved that he was not in clean hands. So, he is not entitled to get any compensation as prayed for.
On the basis of the above discussions and materials on record, we are of the view that the complainant is entitled to get restoration of electric line, as electricity is an essential matter, but on the basis of prior deposition of Rs.37,627/- out of Rs.1,17,627/- . After deposition by the complainant, the OP will restore the electric line of the complainant within 10 days from the date of deposit of Rs.37, 627/- and then the complainant will repay the rest outstanding amount by 8 monthly equal installments.
Hence,
Ordered
that the Consumer Complaint No. 87/2016 be and the same is hereby allowed on contest in part without any order as to cost.
The complainant is directed to deposit the amount of Rs.37, 627/- to the OP as early as possible.
The complainant is also directed to pay Rs. (1, 17,627.00 – 37,627.00) = Rs.80, 000/- in 8 equal monthly installments commencing from 1st week of March 2017. .
The OP is directed to restore the connection of the complainant within 10 days from the date of receiving Rs.37, 627/- from the complainant.
The complainant is further directed to pay the current bills, after restoration of electric line, as per dates mentioned in the Bill.
In default of any installment or current bill, the OP is at liberty to disconnection the electric line of the complainant forthwith.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member President.
