The brief fact of the case is that the complainant became owner of the property including the electric meter existing therein having consumer ID no.163134267 in the name of the Paresh Nath Neogi by virtue of purchase. The complainant duly mutated in the ROR and paying rent to the Govt. The said Paresh Nath Neogi expired on 20.06.2011 but his name still stands in the record of the OP No.1 office. He several times requested the OP to change the erstwhile name by the name of the petitioner. He applied in the prescribed transfer Form on 26.09.2016 through his constituted attorney before the OP No.1. Thereafter the OP no.1 called for the constituted Attorney of the petitioner and made through inquiry on 29.09.2016 about the application when for the first time the constituted attorney of the petitioner found from the website of the OP no.1 a telephone no.9091350772 against the name of the deceased Paresh Nath Neogi but on enquiry it is found that the phone number belongs to one Ardhendu Neogi Secretary of a Club, who fradulalently introduced his name against the deceased Paresh Nath Neogi in connivance with the employees of the OP. The constituted Attorney of the complainant drew the attention of the OP no.1 regarding order of the Ld. Civil Judge (Jr.Divn.) 1st Court Hooghly in T.S. No.37 of 2016 on 31.08.2016 restraining the said Ardhendu Neogi and others from disturbing the peaceful possession of the petitioner over suit property in which the impugned electric line subsists till the disposal of the suit. Despite assurance from the OP no.1 to take steps in that regard but unfortunately the said OP denied to give any relief to this petitioner. The complainant also averred that the op no.1 is bound to render appropriate relief to the petitioner as per law of the land and the meter ought not to remain in the name of a dead person and the OP No.1 office is unduly influenced by the outsiders for reason best known to OP no.1. Hence he filed the instant complaint praying reliefs , a direction upon the OP no.1 to record the name of the petitioner in the office record as consumer in respect of Electricity supplied in the Consumer I.D. No.163134267, a decree directing the OP to pay a compensation amounting to Rs.50,000/- only for undue harassment of the petitioner and for illegally entertaining to pay the electric consumption charge by Ardhendu Neogi secretary of ‘Amra Kajon’ Club for wrongful gain, litigation and other reliefs as this petitioner is entitled to get as per equity.
The OP No.1 by filing written version denied the allegations as leveled against him and stated that the existing electric service connection stands in the name of Paresh Nath Neogi vide Consumer I.d. No. 163134267. The said consumer died on 4.2.2011 and the present complainant purchased the said property on 11.11.2013 in which the said connection existing. The present OP came to learn that series of cases in different courts by the complainant and his father Sisir Kumar Mukherjee filed two writ petitions before the high court at Kolkata against different persons including State of West Bengal. Similarly the complainant filed a M.P. case against Ardhendu Neogi the secretary ‘Amra Kajan’ & others before the SDEM court at Hooghly. He also filed a Title Suit before the Ld. Civil Judge (Jr. Divn.) at Chinsurah against Ardhendu Neogi the secretary ‘Amra Kajan’ & others for getting temporary injunction. The OP No.1 further stated that the complainant had applied to the office of the OP for change of the name in the service connection in place of Paresh Nath Neogi. In that matter one Ardhendu Neogi the secretary of Amra Kajan club of vill.- Haira, P.S.- Mogra, Dist.- Hooghly raised a strong objection so that complainant will not take any effective steps regarding said existing service connection as because some legal proceedings is still pending in different courts including Executive Magistrate, Civil Judge at Chinsurah and at Hon’ble High Court at Kolkata so the OP did not effect change of meter in the place of complainant in place of Paresh Nath Neogi. The OP No.1 asked the complainant to resolve anomalies, dispute arises with the local club and its members so that the OP can perform and effect the same as applied for but the complainant failed to do so.
The OP filed affidavit in chief which is also the replica of the written version so it is needless to discuss.
Both sides filed affidavit in chief and written notes of arguments which are taken into consideration during the passing of final order.
The argument as advanced by the advocates of the parties heard in full.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1). Whether the Complainant Shashwata Mukherjee is a ‘Consumer’ of the Opposite Party?
2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3).Whether the OPs carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Shashwata Mukherjee is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a ‘Consumer’ as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant is consuming electricity as provided by the OP Company and he is paying bills so the petitioner is a complainant to the OP and it is admitted by the OP Company being the service provider.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Hooghly. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The opposite party being the largest Electric Supply Company throughout the state having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. programs. So the role of OP Company for the development of the society is unquestionable.
The O.P. No.1 herein is the Assistant Engineer of an office of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The O.P. Company is providing power in the rural areas in different projects for a long period. That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffers from paying accumulated units at a higher rate and fails to provide powers to the consumers after taking quotation money. As a result the consumers suffer a lot and make their grievances for remedy before the appropriate Forums. The inaction/negligence/ discrepancies of the OP Company tantamount to deficiency of service for which the consumers are suffering a lot.
The case of the complainant is that he became owner of the property including the electric meter existing therein having consumer ID no.163134267 in the name of the Paresh Nath Neogi by virtue of purchase. He mutated his name in the ROR and paying rent to the Govt. The said Paresh Nath Neogi expired on 20.06.2011 but his name still stands in the record of the OP No.1 office. He several times requested the OP to change the erstwhile name by the name of the petitioner. He applied in the prescribed transfer Form on 26.09.2016 through his constituted attorney before the OP No.1. Thereafter the OP no.1 called for the constituted Attorney of the petitioner and made through inquiry on 29.09.2016 about the application when for the first time the constituted attorney of the petitioner found from the website of the OP no.1 a telephone no.9091350772 against the name of the deceased Paresh Nath Neogi but on enquiry it is found that the phone No belongs to one Ardhendu Neogi Secretary of a Club, who fradulalently introduced his name against the deceased Paresh Nath Neogi in connivance with the employees of the OP. The constituted Attorney of the complainant drew the attention of the OP no.1 regarding order of the Ld. Civil Judge (Jr.Divn.) 1st Court Hooghly in T.S. No.37 of 2016 on 31.08.2016 restraining the said Ardhendu Neogi and others from disturbing the peaceful possession of the petitioner over suit property in which the impugned electric line subsists till the disposal of the suit. The OP No.1 asked the father of the complainant to obtain no objection certificate from the said Ardhendu Neogi who is nothing but an intruder tried to create third party interest. This act of OP No.1 is nothing but a humiliation on the part of the petitioner. It also reveals that the OP No.1 is collecting bills from the said Ardhendu Neogi issued electric bills in the name of erstwhile owner Paresh Nath Neogi. The petitioner was compelled to move before the High Court Kolkata and the OP no.1 mutated the name of the complainant in place of erstwhile owner Paresh Nath Neogi as per direction of Hon’ble High Court of Kolkata so the prayer no.1 is resolved and the complainant intimated this Forum on 10.11.2017. Hence the complainant prays for compensation for harassment, mental agony and causing monetary loss to this complainant.
The case of the OP No.1 is that the existing electric service connection stands in the name of Paresh Nath Neogi vide Consumer I.d. No. 163134267. The said consumer died on 4.2.2011 and the present complainant purchased the said property on 11.11.2013 in which the said connection existing. The present OP came to know that series of cases in different courts by the complainant and his father Sisir Kumar Mukherjee filed including two writ petitions before the high court at Kolkata against different persons including State of West Bengal. Similarly the complainant filed a M.P. case against Ardhendu Neogi the secretary ‘Amra Kajan’ & others before the SDEM court at Hooghly. He also filed a Title Suit before the Ld. Civil Judge (Jr. Divn.) at Chinsurah, against Ardhendu Neogi the secretary ‘Amra Kajan’ & others for getting temporary injunction. The OP No.1 further stated that the complainant had applied to the office of the OP for change of the name in the service connection in place of Paresh Nath Neogi. In that matter one Ardhendu Neogi the secretary of Amra Kajan club of Vill.- Haira, P.S.- Mogra, Dist.- Hooghly raised a strong objection so that complainant could not take any effective steps regarding said existing service connection as because some legal proceedings is still pending in different courts including Executive Magistrate, Civil Judge at Chinsurah and at Hon’ble High Court at Kolkata so the OP did not effect change of meter in the place of complainant in place of Paresh Nath Neogi. The OP No.1 asked the complainant to resolve anomalies, dispute arises with the local club and its members so that the OP can perform and effect the same as applied for but the complainant failed to do so.
Perusing the case record, complaint petition, written version and documents and hearing the arguments that this complainant after purchasing the property tried to mutate his name in the place of erstwhile owner and approached & applied before the OP No.1 but the OP No.1 could not do the same as a third party being the secretary of a local club intervened and put objection regarding the change of name. It is not clear from the case record that why the OP No.1 entertained the prayer of the third party. The complainant being the owner of the property in which the meter exists applied for changing his name in the prescribed Form. But his prayer was turned down by the OP No.1 reason best known to him. The complainant being a law abiding citizen compelled to take the recourse of law before the appropriate Forums. Eventually the OP No.1 compelled to change the name of the complainant in compliance to the order of Hon’ble High Court, Kolkata. So from the face of the case record it is well established that this complainant suffered at the behest of negligence on the part of the OP No.1. He not only deficient in providing service to this complainant but also willfully avoided the prayer of this complainant and filing written version and argument before this Forum tried to evade his responsibility by name of pendency of suits before judicial and quasi judicial forums . His apathetic attitude caused sufferings to the law abiding citizen who is fully aware of his rights. The deficiency of the OP No.1 is well proved. Despite getting information from this complainant the higher authority of the OP No.1 remained silent. So we may safely conclude that the complainant compelled to take the recourse of different courts/Forums for getting his dispute redressed for the omission or avoidance on the part of the OP No.1.
4). whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the complainant abled to prove his case. So the Opposite Party no.1 is liable to pay compensation to this complainant.
ORDER
Hence, ordered that the complaint case being No.182/2016 be and the same is allowed on contest against the opposite party no.1 with a litigation cost of Rs.5000/-.
Prayer No.(i) has already been complied by OP No.1 as discussed in point No.3 at page no.6 of this order.
The Opposite Party No.1 is directed to pay compensation of Rs.10,000/- to this complainant for undue harassment.
All the payments are to be made within 30 days from the date of this order.
OP No.2&3 are exonerated from this proceeding.
At the event of failure to comply with the order the Opposite Party shall pay cost @ Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 30 days by depositing the accrued amount, if any, in the Consumer legal Aid Account.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.
