West Bengal

Paschim Midnapore

CC/138/2011

Sk. Atiur Rahaman - Complainant(s)

Versus

Chairman, W.B.S.E.D.C.L. Ltd - Opp.Party(s)

30 Aug 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.138/2011                                                         Date of disposal: 30/08/2012                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff: Mr. Swadesh Kumar Mandal, Advocate.

    For the Defendant/O.P.S.                          : Mr. Swapan Kumar Bhattacharya, Advocate.

            Sk. Atiur Rahaman, son of Late Sk. Motahar Ali, of vill. Simulia, P.O. Rani Simulia,

            P.S. Ghatal Dist-Paschim Medinipur………Complainant.

                                                              Vs.

1. Chairman, W.B.S.E.D.C.L. Ltd., at Bidyut Bhaban, Salt Lake City, Kolkata-700091
2. Station Manager, Birsingha Group Electric Supply, W.B.S.E.D.C.Ltd., at & P.O.- Birsingha, P.S.-Ghatal, Dist-Paschim Medinipur
3. Divisional Manager(D. E.), D Division, Ghatal, W.B.S.E.D.C.Ltd., at P.O.& P.S.-Ghatal, Dist-Paschim Medinipur…………………….Ops.

      The case of the complainant, in short, is as follows

The complainant filed this case praying for a declaration to the effect that the bills as shown in the schedule of complaint are illegal, absurd, baseless and without jurisdiction and a direction to the Ops to waive the defective and illegal bills.   The complainant also prayed for direction upon the Ops for preparation of the bills in respect of the service connection of the complainant after taking proper care and not to disconnect the service connection being No.T/R/STN-964.

The case of the complainant, in a nutshell, is that the complainant’s father Motahar Ali installed a submersible pump in his land through service connection No.T/R/STN-964 and the Consumer No. was L-520190.  The said connection was disconnected up to 2007 due to mechanical defect.  Thereafter, the complainant made a prayer before the Op No.2 for reconnection of electricity line to the submersible pump which was duly allowed on payment of necessary fees by the complainant.  The complainant further stated that due to some mechanical defect of the submersible pump, the same remained unserviceable since 1998 to 10/09/2007 but

Contd………….P/2

 

- ( 2 ) -

the Ops issued a bill for Rs.27,791/- for the period from April 2007 to March 2008 asking the complainant to pay the amount by 28/1/2008.  Against this, on 26/6/2009 the Op No.2 got the matter verified in which he revealed that the submersible pump of the complainant remained unserviceable up to 10/9/2007.  Since 10/9/2007 the complainant went to pay the electric bill of the submersible pump but the Ops did not agree to receive the current bill and asked the complainant to pay the arrear amount of Rs.54, 665/- as per bill of October 2010 which included the amount for the period from May 2008.  Then the complainant requested the Ops to rectify the bills but he was asked to pay the amount of bill.  Thereafter, the complainant sent  a lawyer’s notice to the Ops. but the Ops. are now giving threat by their men to the complainant for payment of the bill and also for disconnection in the event of non-payment. 

                The Ops contested the case by filing a W/O.  The specific contention of the Ops. in their W/O was that the complainant is not a consumer under the Ops and as such he has no right to file this case.  They further contended that over the self-same matter a case bearing No.CC-153/2010 was filed by the complainant who has been suppressed and for such conduct also the complainant is not entitled to get any relief.  Further, the Ops. contended that the actual consumer had defaulted in payment of electric bill for a long time for which a huge amount was due from him and accordingly the Ops have the right to take proper action under the law.

     It is now for our consideration as to whether the complainant is entitled to get the relief as claimed.

Decisions with reasons

    This is an admitted position that the father of the complainant was a consumer under the Ops and the bills were issued by the Ops in the name of the complainant’s father.  The complainant’s father Sk. Motahar Ali has died.  Thereafter, the complainant did not think it necessary to get the service connection changed in his name as per proper procedure.  Needless to say that in order to file a complaint before this Forum one has to be a consumer as defined in Section 2D (i & ii) of the consumer protection Act, the complainant has nothing to show that he is a consumer under the Ops.  So, the Ops rightly contended that this case is not maintainable because the complainant is not a consumer under them.

     Moreover, the Ops contended that previously the complainant had filed a case bearing No.CC-153/2010 on the self-same cause of action which could not be disputed by the complainant at the time of hearing this case.  In the present petition of complaint we do not find any reference of that case.  This amount to suppression of material fact which also goes against the complainant.

Contd………….P/3

 

- ( 3 ) -

However, since we have found that the complainant is not a consumer under the Ops, the present case is not maintainable.

                    Hence it is

                                      Ordered

                                                      that the case be dismissed on contest, however, without any cost.

Dic. & Corrected by me

                                                         I agree               I agree                       

              

         President                                Member             Member                      President

                                                                                                                 District Forum

                                                                                                              Paschim Medinipur.