District Consumer Forum, Muzaffarpur
Complain Case No. –212/2000
Sri- Janak Pd. S./o Ramashish Pd., Villge+post- Dubha, P.S- Sakara, District – Muzaffarpur …………………………………………..………………Complainants
V/s
- Assistant Electrical Engineer, R.E.cum supply Subdivion Dholi Muzaffarpur
- Executive engineer Urban area, Ramdayalu Nagar Muzaffarpur ….............................................................................…opposite parties.
Date of order- 22-01-2016
Present.
- Shri Govind Prasad Singh
President,
Consumer Forum Muzaffarpur
- Smt. Archana Singh
Member
Consumer Forum Muzaffarpur
For complainants- Sri- Ramraj Pd.Singh, Ratnesh Kumar, Sri Amarnath, Dinesh
Kr. Sharma -advocate
For opposite party- no power filed
Order
The complainant has filed this case of his claim of Rs. 1,00,000/- for his damage of his crops due to no supply of proper electricity in time on dated 28-07-2000.
The case of complainant appears from his complaint petition supported with an affidavit that he has taken the connection of S.H.B from the Electricity Board for running his boring on 22-03-1991. At the starting stage he was not properly provided electricity as such he cannt loss his motor and he suffered the losses in his agriculture work further in the year 1994 became one phase of line from transformer became burnt as such no question arises for run of his boring as such he inform the electricity board but no action was taken as such he suffered physical and mental harassment the said fact was also published in news paper Prabhat Khabar on 10-10-1994 and 23-03-1999 and in the year 1997. Further in March 1994 the line connection has been disconnected by the board after giving him a notice and the electric Department has continuously send wrong bills showing the wrong amount which he was not bond to pay as such he has suffered mental, physical harassment for Rs. 1,00,000/- and file his case accordingly.
The complainant has filed Xerox copy of Electricity Bill for Rs. 40113/- dated 12-06-2000 for 3 month in the name of complainant he has further filed the several original electricity bill dated 25-11-1994, 27-03-1997, 27-02-1997,29-01-1996, 31-08-1995, 30-06-1995, 30-03-1995 and 23-02-1995 paper publication cutting and letter dated 15-09-2005 regarding the information of wrong billing singed by several about 55 persons which are annexure 1 to 11. He has further filed spot inspection made by learned lawyer Sri Amarnath advocate and dated 23-012-2006 and report of another advocate Sri Basant Kumar on 23-12-2006 as per order dated 16-05-2006 the learned advocate Sri Basant Kumar was appointed has pleader Commissioner by the forum but has submitted his report mentioned above.
In this case opposite party appeared and filed his written statement on 20-06-2001 alleged therein that there was due of Rs. 34,122.88 paisa against the complainant till December 1999 and as further submitted that the line connection of complainant was never disturbed if any defect arises in the transformer it can be inform to the Assistant Engineer as well as junior Engineer and on his report any bill if shown is not required, to be deposited as such complainant has never inform the any competent officer of electricity board in any time and has not filed any proof of disturbances in his electric connection if the complainant will produce the report of said officer the access bill can be adjusted o.p. has filed statement of dues dated 21-09-2001.
Considering the facts, circumstances material available with the record as well as allegation of respective parties it appears before us that the case of complainant is only for harassment of mental, physical by false billing how it was became false and wrong he is not found able to prove in any way there was due arises against him from December 1999 which he never deposited as it is not apparent of his behalf that he has paid any amount for electricity energy which he has used in the said period as per the objection raised by the opposite party he was at his liberty to if produce any report of concern officers regarding the defect in his line in not supply of electricity the access bill cannot be suitably corrected but it he not has taken any steps in this regard as such it appears before us that the conduct of complainant is not bonafide and his claim of Rs. 1000/- is not substantiate by any fact or any papers how it occurs he has not given any explanatory detail in his complaint petition accordingly in our believe the case of complainant is not found able to prove and he is not tenable
. Accordingly the case and the same is dismissed with cost.
Member President
