:    FINAL ORDER    :

DATE OF FILING :  24.08.2017

ORDER No.       09       

DATE.  22.03.2018   

SHRI NARAYAN CHANDRA CHATTERJEE, MEMBER

          This case has been filed by the Petitioner Bikash Kumar Saha, Muragachha, Nakashipara, Dist. Nadia praying for an order against the OP to restore the electricity connection and compensation of Rs. 50,000/- with other reliefs mentioned in the petition.

            The case of the petitioner is that he had an electricity connection in his house vide consumer No. ID No. 334070129 and service connection No. 12757/D.  The OP sent a notice to the complainant for the due payment of March, 2017 for Rs. 76/- and also for an outstanding bill of Feb, 17 for Rs. 2575/- and total Rs. 2671/- within 31.03.2017.  The last date of payment i.e., 31.03.17 was a working day and on that day also the complainant had opportunity to pay the said bills, but the OP arbitrarily disconnected the complainant’s electric connection on 30.03.17.   So the cause of action arose on and from 30.03.17 when the OP disconnected the said electric connection.   On 30.03.17 the complainant informed the matter to the OP for the adjustment of Rs. 147/- of a bill dated 10.04.2003 from the bill of March, 2017 for Rs. 76/-.  Complainant informed the matter to the higher authority of W.B.S.E.D.C.L., Kalyani, Nadia on 30.03.2017.  

            OP has contested the case by filing a written version denying and disputing, inter alia, the claim and contention of the complainant with prayer for dismissal of the case with cost.   OP has also stated that the complainant did not pay total Rs. 2651/- including an outstanding bill Rs. 2575/-.  Then the OP sent a notice to the complainant for payment of the dues of March’17 for Rs. 76/- and also for payment of the outstanding dues till Feb, 17 for Rs. 2575/- i.e., total Rs. 2651/- within 31.03.17.  It is fact that on 30.03.17 the complainant informed the matter before the Regional Manager, W.B.S.E.D.C.L., Kalyani for adjustment of Rs. 147/- of a bill dated 10.04.2003 but it has been already adjusted on 29-03-2017 vide document No. 130802633049 dtd. 29-03-17 and total due amount Rs. 2730/-. The basis of average bill in the previous year and in the current year is absolutely proper which was raised according to the provisions of the Indian Electricity Act and Rules. 

:Points for consideration:

1. Is the case maintainable both in law and fact?
2. Is the complainant a consumer?
3. Is the OP, WBSEDCL guilty for deficiency in service as alleged?
4. Is the complainant entitled to get the relief/reliefs as prayed for?

:DECISION WITH REASON:

            All the points are taken up together for consideration and decision.  Seen and perused the petition of complaint and written version filed by the Ops. and other relevant materials on record and the BNA filed by the complainant.   

            Now after due consideration of the materials on record and arguments of Ld. Lawyers of both sides, we find that admittedly the complainant is a consumer under the OP.    Admittedly this Forum has jurisdiction of both pecuniary and territorial to hear and to dispose of this case. 

            Admittedly the complainant did not pay an outstanding bill till Feb’2017 for Rs. 2575 and a bill of March 2017 for Rs. 76/- total Rs. 2651/-. It is also clear from the ‘Annexure – 9’ filed by the complainant that OP sent a letter to the complainant on 18.03.17 with instruction that payment to be made within 31.03.2017.  It is also clear from ‘Annexure – 2’, meter reading card that the electric connection of the complainant was disconnected on 30.03.17 by the OP. 

            Now the question arises why the OP disconnected the line of the complainant on 30.03.17 in spite of sending a notice on 18.03.17 with instruction that payment to be made within 31.03.2017.  OP did not file any document in support of their argument why they disconnected the line of the complainant before 31.03.2017.  Admittedly the complainant had ample opportunity to pay the dues within 31.03.2017. This activity of the OP leads to negligence of their duty as alleged by the complainant. 

            In view of the aforesaid discussion made here in before, we find sufficient reason to hold that the complainant is entitled to get the reliefs as prayed for.  All points are disposed of accordingly.  In result the case succeeds. 

            Hence, it is,

Ordered,

            That the case / application is allowed on contest.  The OP is directed to regenerate the bill with 10 installments as per provisions of W.B.E.R.C. within 30 days from the date of order. After payment of the 1^st installment by the complainant, the OP is also directed to connect the electric connection of the complainant without any delay. Thereafter the complainant will pay the rest 9 (nine) installments regularly. The OP is further directed to pay the compensation for Rs.2000/- to the complainant within 30 days from this date. In default of the above, the complainant is at liberty to take appropriate steps against the OP as per C.P. Act 1986.

Let a plain copy of this final order be supplied to the parties / their Ld. Advocates / agents forthwith free of cost or send by ordinary post.