Bihar

Muzaffarpur

CC/171/2013

Amresh Kumar, - Complainant(s)

Versus

Commercial Superintendent, Parcel, East Central Railway & Others - Opp.Party(s)

Sri Amar Nath

10 Mar 2016

ORDER

                                                  District Consumer Forum, Muzaffarpur

          Complain Case No. –212/2000

   Sri- Janak Pd.  S./o  Ramashish Pd., Villge+post- Dubha, P.S- Sakara, District – Muzaffarpur …………………………………………..………………Complainants 

V/s

1. Assistant Electrical Engineer, R.E.cum supply  Subdivion Dholi Muzaffarpur
2.   Executive engineer  Urban area, Ramdayalu Nagar Muzaffarpur  ….............................................................................…opposite parties.

Date of order- 22-01-2016

                                                                                                  Present.

1. Shri Govind Prasad Singh

                                                                                                                        President,

       Consumer Forum Muzaffarpur

2.  Smt. Archana Singh

      Member

       Consumer Forum Muzaffarpur

For complainants-    Sri- Ramraj Pd.Singh, Ratnesh Kumar, Sri Amarnath, Dinesh

                                     Kr. Sharma -advocate

For opposite party-    no power filed

Order

           

            The complainant has filed this case of his claim of Rs. 1,00,000/-  for his  damage of his crops due to no supply of proper electricity in time on dated 28-07-2000.

            The case of complainant appears from his complaint petition supported with an affidavit that he has taken the connection of S.H.B from the Electricity Board for running his boring on 22-03-1991. At the starting stage he was not properly provided electricity as such he cannt loss his motor and he suffered the losses in his agriculture work further in the year 1994  became one phase of line  from transformer became burnt as such no question arises for run of his boring as such he inform the electricity board but no action was taken as such he suffered physical and mental harassment  the said fact was also published  in news paper Prabhat Khabar on 10-10-1994 and  23-03-1999 and in the year 1997. Further in March 1994 the line connection has been  disconnected by the board after giving him a notice and   the electric Department  has continuously send wrong bills  showing   the wrong amount which he was not bond to pay as such he has suffered mental, physical harassment for Rs. 1,00,000/-  and file his case accordingly.     

            The complainant has filed Xerox copy of  Electricity Bill for Rs. 40113/- dated 12-06-2000 for 3 month in the name of complainant he has further filed the several original electricity bill dated 25-11-1994, 27-03-1997, 27-02-1997,29-01-1996, 31-08-1995, 30-06-1995, 30-03-1995 and  23-02-1995 paper publication cutting and letter dated  15-09-2005 regarding the information of wrong billing singed by several about 55 persons  which are  annexure 1 to 11. He has further filed spot inspection made by  learned lawyer  Sri Amarnath advocate and dated  23-012-2006 and report of another advocate Sri Basant Kumar on  23-12-2006 as per order dated 16-05-2006 the learned advocate Sri Basant  Kumar  was appointed has pleader Commissioner by the forum but has submitted his report mentioned above. 

            In this case opposite party appeared and filed his written statement on             20-06-2001 alleged therein that there was due of Rs. 34,122.88 paisa  against the complainant  till December 1999 and as further submitted that the line connection of complainant was never disturbed if any defect arises in the transformer it can be inform to the Assistant Engineer as well as junior Engineer and on his report  any  bill  if shown is not required, to be deposited as such complainant has never  inform the any competent  officer of  electricity board  in any time and has not filed  any proof of disturbances in his electric connection if the complainant will produce the report of said officer the access bill can be adjusted o.p. has filed  statement  of dues dated              21-09-2001.

            Considering the facts, circumstances material available with the record as well as allegation of respective parties  it appears before us that the case of complainant is only for harassment of mental, physical by false billing  how it was became false and wrong  he is not found able to prove in any way there was due arises against him from December 1999 which he never deposited as it is not apparent of his behalf that he  has paid any amount for electricity energy  which he has used in the said period as per the objection raised by the opposite party he was at his liberty to if produce  any report of concern officers regarding the defect in his line in not supply of electricity the access bill cannot be suitably  corrected but it he not has taken any steps in this regard as such it appears before us that the conduct of complainant is not bonafide and his claim of Rs. 1000/- is not substantiate by any fact or any papers  how it occurs he has not given any explanatory  detail in his complaint petition accordingly in our believe the case of complainant is not found able to prove and he is not tenable  

.                Accordingly the case and the same is dismissed with cost.

 

Member                                                                                 President