DATE OF FILING : 10-09-2013.
DATE OF S/R : 03-10-2013.
DATE OF FINAL ORDER : 02-04-2014.
Ram Kumar Show,
son of late Nandkishore Show,
residing at 64/2, Joybibi Road, Ghusuri, P.S. Belur ( old Bally ),
District – Howrah.----------------------------------------------------- COMPLAINANT.
- Versus -
1. Sr. Manager,
Loss Control Cell,
CESC Ltd., Eastern Building ( 4th floor ),
15/1, Chowringhee Square, Kolkata – 69.
2. The District Engineer,
CESC Ltd., 433/1, G.T. Road ( N ),
P.S. Golabari, District – Howrah.
PIN – 1.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case was filed by the complainant U/S 12 of the C .P. Act,1986 ( as
amended upto date ) against alleging deficiency in service and unfair trade practice U/S 2(1)(o), 2(1)(g) and 2(1)( r ) of the C.P. Act, 1986 wherein the complainant has prayed for a direction to be given upon the O.Ps. i.e., CESC Ltd Authority, to refrain for realizing the outstanding dues amounting to Rs. 35,361/- in the name of Dilip Kumar show of 105/3, , Joybibi Road, Ghusuri, District – Howrah, against Consumer no. 62050055006.
2. The brief facts of the case of the complainant is that the complainant is residing at
64/2, Joybibi Road, Ghusuri, P.S. Belur ( old Bally ),District – Howrah.-, consuming electricity through meter no. under Consumer no. 62051087004, suddenly received a notice for disconnection of his power supply at the scheduled premises in a letter dated 27-08-2013 from the o.ps. against nonpayment of outstanding arrear charges under Consumer no. 62050055006 of Rs. 35,361/- in respect of Shri Dilip Kr. Show was holding a separate premises in spite of the facts that he paid all the bills regularly without any default. Being aggrieved complainant filed this instant case with the aforesaid prayers before the Forum.
3. Notices were served upon the o.ps. The o.ps. appeared and filed written version mentioning that the case is not maintainable in law as well as in facts. The o.ps. admitted the facts that the arrear energy bill was claimed against non payment amounting to Rs. 35,361/- of the consumer namely Shri Dilip Kr. Show under consumer no. 62050055006 in a separate premises where there is a direct nexus with this complainant and that to this particular complainant shall have to pay the outstanding dues failure of which the electric line under Consumer no. 62051087004 will automatically disconnected as per law and also the instant case has no merit and liable to be dismissed with exemplary costs.
3. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
4. Both the points are taken up together for consideration. Perused the evidence, documents adduced by both the parties. Considered.
5. No doubt it is a admitted facts that the present complainant is a bonafide consumer having consumer no. 62050055006 residing at 64/2, Joybibi Road, Ghusuri, P.S. Belur ( old Bally ),District – Howrah, paid electric bills regularly without any default.
6. The point of dispute is that the complainant declined to pay the arrear dues of Rs. 35,361/- of a consumer having consumer no. 62050055006 in a separate premises namely Shri Dilip Kr. Show.
7. It is astonishing to note that the o.p. or his representative through a letter dated 27-08-2013 claimed an outstanding dues of Rs. 35,361/- against separate consumer having separate consumer no. O.P. threatened disconnection of power supply of the present complainant who is consuming electricity in a separate premises with holding different consumer no. and separate meter which is in contravence of the WBSERC Regulation / Provision of the Electricity Act, 2003. It is clearly stated therein that the recovery of the arrears should be realized within the specific time bound but within two years from the date of disputed/arrear bills so served. But in this situation the o.ps. ought to have realized the balance of outstanding amount within the limited time. But the o.ps. failed to realize from the complainant / consumer except attempts for realization made after 8 years from the date of assessment so as to say the O.P. disconnected the power supply at the consumer premises on 31-05-2005 which is not desirable at this juncture from the o.p. resulting cot of suffering and agony to the complainant. It tantamounts to gross deficiency in service and unfair trade practice.
8. Considering the above we have our considered opinion that the o.ps. have caused deficiency in service and adopted unfair trade practice to some extent by not taking proper action for realization of the outstanding dues so assessed i.r.o. pilferage of electricity in time resulting tremendous hardship to the complainant including prolonged mental agony.
Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law his demand requires to be fulfilled in part.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 315 of 2013 ( HDF 315 of 2013 ) be and the same is allowed on contest without costs against o.ps.
The O.Ps. CESC Authority is hereby directed not to disconnect the power supply at the schedule premises of the complainant against realization of outstanding dues of other consumer bearing consumer no. 62050055006 in the name of Shri Dilip Kr. Show residing in a separate premises.
The o.ps. CESC Authority is also directed to refrain for realizing the outstanding dues of Rs. 35,361/- in the name of Dilip Kr. Show from the complainant.
No costs as to compensation and litigation are awarded.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
