In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 245 / 2008.
1) Shanti Ashram Trust,
56B, Kalighat Road, Kolkata-700026. ---------- Complainant
---Versus---
1) CESC Limited,
CESC House, Chowringee Square, Kolkata-700001.
2) Senior Commercial Executive, CESC Ltd., South Regional Office,
6, Mandevilla Gardens, Kolkata-700029.
3) District Engineer, CESC Ltd., South Regional Office,
6, Mandaville Garden, Kolkata-700029. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 39 Dated 31/08/2012.
The petition of complaint has been filed by the complainant Shanti Ashram Trust against the o.ps. CESC Ltd. The case of the complainants in short is that complainant being the sole trustee of Public Charitable Trust situated on 56, Kalighat Road, P.S. Kalighat and Bishnudas Bhattacherjee through his constituted attorney who is the trustee of the said trust and there was electric meter in the said trust and o.p. no.1 disconnected consumer no.16063032001 and took away the said meter and gave a new meter to Alo Bhattacherjee , SANTI – A – SHRAM TRUST beyond the knowledge of complainant trustee. Hence the case was filed by complainant with the prayer contained in the prayer portion of the petition of complaint.
O.p. nos.1 to 3 had appeared in this case by filing w/v and subsequently Alo Bhattacherjee was impleaded in this case.
The case of o.p. nos.1 to 3 is that complainant gave consent letter in favour of Alo Bhattacherjee for installation of meter in the name of Alo Bhattacherjee in the application form for electricity meter and further submitted that the instant case has got no merit and liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. Record reveals that o.p. nos.1 to 3 were directed to file the consent letter alleged to have been issued by complainant / trustee but surprisingly enough o.p. nos.1 to 3 did not file the said consent letter before this Forum and presumption of non-production of documents goes in favour of complainant and considering the entire materials on record and having regards to such non-production of documents we are of the view that o.p. nos.1 to 3 had sufficient deficiency being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.p. nos.1 to 3 with cost. O.p. nos.1 to 3 are jointly and/or severally directed to reinstall the electricity connection in respect of the aforesaid consumer number of the complainant which has been illegally transferred in the name of Alo Bhattacherjee by way of changing the consumer no.16063028018 in favour of complainant and are further directed to pay to the complainant compensation of Rs.10,000/- (Rupees ten thousand) only for his harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties at free of cost.
