DATE OF FILING : 05-07-2013. DATE OF S/R : 31-07-2013. DATE OF FINAL ORDER : 08-11-2013. Sri Kaustav Hazra, son of Kalyan Hazra, residing at 110/4, Kali Kundu Lane, P.S. Shibpur, District - Howrah, PIN – 711101.------------------------------------------------------------------ COMPLAINANT. - Versus - CESC Ltd., having its regional office at 433/1, G.T. Road ( North ), District –Howrah, PIN – 711101...----------------------------------------------------------------OPPOSITE PARTY. 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 complainant U/S 12 of the C.P. Act, 1986, as amended against the O.P. CESC Authority alleging deficiency in service U/S 2(1)(g), 2(1)(o) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction upon the O.P. CESC Authority for deleting/ refund the arrear outstanding dues of Rs. 2,522/- for the month March,2013 sent to the complainant including other relief/s as compensation and litigation costs. 2. The brief facts of the case is that the complainant is a bonafied consumer being 5802811600 of domestic connection used to pay the energy bill as consumed by the complainant regularly without any default. But on surprisingly he noticed that O.P. recorded /claiming outstanding dues of Rs. 2,522/- for the billing month March, 2013 which he ( the complainant ) declined to pay the same in spite of the facts that he paid all the bills time to time. The complainant requested the O.P. CESC Authority to delete / refund the same but O.P. CESC Authority refused to act. Finally finding no other alternative complainant filed the instant case alleging deficiency in service U/S 21)(g) & 2(1)(o) of the C.P. Act, 1986 as he suffered harassment, mental agony. The complainant prayed for relief and compensation before the Forum in connection with the complaint petition. 3. The O.P. CESC Authority contesting the case contending interalia that the case is not maintainable in law as in facts. The allegations as made in the petition baseless with an intention to harass the O.P. The O.P. admitted the facts the outstanding bill was claimed as per the order of the WBERC vide Order no. 36/WBERC dated 12-09-2007 as per Clause no. 3.4.2 of the said Order and the outstanding dues so claimed was justified and reasonable and requested to dismiss this particular complaint with costs. 4. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.P. CESC Authority ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 4. Both the points are taken up together for consideration. Perused the enclosure issued by the O.P. CESC Authority . On proper scanning of the argument as advanced by the agents of both parties and also reviewing the materials documents filed by the parties, the brief of the complaint, and also written version we have searched out some of the points as per complaint which are to be decided in this case to arrive at just conclusion. 5. The main contention of the O.P. CESC Authority is that the complainant shall have to pay the outstanding dues ( monthly energy charge ) amounting to the Rs. 2,522/- of one Ajit Kr. Kar of the same premises under consumer no. 5802811600, meter no. 2034783 whose service connection was disconnected on 20-02-2010 for nonpayment of monthly consumption bills and that to the complainant Kaustav Hazra is using the same portion which was previously occupied by Shri Ajit Kr. Kar. 6. But the pertinent question come in respect of the complainant Shri Kaustav Hazra it is noticed that the complainant is availing and/ or enjoying electricity services from the O.P. vide consumer no. 58028115010, meter no. 3908695. 7. From the above we must say that the procedure/ action taken on the part of the O.P. CESC Authority is just to harass the complainant for arbitrarily claiming unrealized outstanding dues of Rs. 2,522/- in the name of the Ajit Kr. Kar where there is no nexus with the complainant for the electricity consumed charges from the complainant which is in contravention against the landmark judgment of Hon’ble Apex Court passed in C ivil Appeal No. 7899 of 2012 arising out of SLP( C ) No. 35573 of 2010 between North Eastern Electricity Company of Orissa Vs. M/s. Roghu Paper Mill where Apex Court exempted the respondent from paying up unduly claimed by the Nesco as outstanding dues and as such the O.P. CESC Authority is liable for their gross deficiency in service with regard to unjustified claim as outstanding from the complainant which caused harassment to the complainant for which the complainant has suffered mental pain and agony against which the complainant shall be compensated by the O.P. CESC Authority. In the result, we are of the view that this is a fit case where the prayer of the complainant shall be allowed. The points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 220 of 2013 ( HDF 220 of 2013 ) be allowed on contest with costs against the O.P. CESC Authority. The O.P. CESC Authority be directed to delete/exempt the unrealized amount of Rs. 2,522/- as claimed as outstanding from the complainant. The O.P. CESC Authority be directed to pay a damage and compensation of Rs.5,000/- to the complainant, a bonafide consumer for prolonged harassment caused to his family. The O.P. CESC Authority is also directed to pay Rs. 2,000/- as litigation costs. The entire cost of Rs. 7,000/- ( Rs 5,000 + 2,000/-) will be paid within 30 days from the date of this order failure of which a penal action @ 9% p.a. shall be paid till realization. The complainant is at liberty to put decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. | 
