West Bengal

Kolkata-II(Central)

CC/382/2014

Krishna Mohan Chatterjee - Complainant(s)

Versus

Dist. Engineer, CESC Ltd. North Regional Office - Opp.Party(s)

Ld. Lawyer

24 Mar 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II.
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/382/2014
 
1. Krishna Mohan Chatterjee
580/1, Jawpur Road, P.S. Dum Dum, Kolkata-700074.
2. Swapna Chatterjee
580/1, Jawpur Road, P.S.Dum Dum, Kolkata-700074.
3. Ayan Chatterjee
580/1, Jawpur Road, P.S. Dum Dum, Kolkata-700074.
4. Santanu Chatterjee
580/1, Jawpur Road, P.S.Dum Dum, Kolkata-700074.
...........Complainant(s)
Versus
1. Dist. Engineer, CESC Ltd. North Regional Office
226A & B, Acharya Prafulla Chandra Road, Kolkata-700004.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'ABLE MR. Ashok Kumar Chanda MEMBER
 HON'ABLE MRS. Sangita Paul MEMBER
 
For the Complainant:Ld. Lawyer, Advocate
 Ld. Lawyer, Advocate
 Ld. Lawyer, Advocate
 Ld. Lawyer, Advocate
For the Opp. Party:
Ops are present.
 
ORDER

Complainants Krishna Mohan Chatterjee, Swapna Chatterjee, Ayan Chatterjee & Santanu Chatterjee by filing this complaint has submitted that they are the bona fide domestic consumers under the op in respect of supply of electricity to the above premises of complainants being Consumer Nos. 48098175004, 48098174007, 48098177009 & 48098176001 against Meter Nos. 3003574, 1802987, 4331279 & 1720105.

          Fact remains that complainants are harassed by the op for the low voltage in the supply line since two to three months, resulting in malfunctioning of electrical appliances like refrigerator, fans and other appliances of daily use and also to mention the damage and non-function of one of the AC unit and compressor due to voltage fluctuation.

          Fact remains that complainants have already deposited to the op the prescribed amount of money of Rs. 10,000/- for granting additional load to their meters before installing their AC units.  But instead of this the complainants suffering from low voltage supply from the op.  That the above teething problem with the op the complainants informed both on telephone and through written communications and lastly the complainants have served a legal notice through their Ld. Advocate but no action has been taken by the op for the redressal of the problem to which they have been under problem since long.

          For the inaction on the part of the op, complainants have suffered much and which tantamounts a negligent and deficiency in service of the op and in the above circumstances, complainants have prayed for redressal by directing the op to remove the technical snag and voltage fluctuation problem so as to restore normal catering of the power supply to the above residents in order to enable the complainants to utilize the electrical appliances without any problem.

          On the other hand op CESC by filing written statement submitted that on 29.04.2014 and 14.05.2014 complainants made two written complaints to District Engineer for voltage problem but to which they are unable to run the Air Conditioner and the company personnel inspected the premises and did not find any sign of low voltage at that time.

          Meters were installed with adequate strength to cater electricity to the premises of the complainants as disclosed by the consumers and or demanded by the complainants and the company cannot take any responsibility for the use of electricity made beyond the connected load.  Normally Air Conditioners are provided with online starters/MCB which in the event of any fault or supposed to trip and de-energies the faulty equipment, to restrict the damage and in the instant case, such arrangement was not existing as per Company’s inspection done at site and the cause of damage of AC Machine was due to low voltage, cannot be asserted.

          It is further submitted that Krishna Mohan Chatterjee, complainant no.1 was provided a mertered supply on 22.08.2001 through meter No. 3003574 with a demanded load of 0.40 KW and Security Deposit held with the Company of Rs. 127/- only and as per his monthly demand, he has to pay additional security deposit of Rs. 1,981/- and Krishna Mohan Chatterjee has not applied for additional load for running AC Machine, refrigerator, pump, microwave oven, washing machine, electric chimney, fans etc. and he has violated the Electricity Act, 2003 and penalty may be imposed u/s 135 of the said Act.

          On 04.06.2012 Smt. Swapna Chatterjee, complainant no.2 applied for additional load of 1.3 KW and the company provided a security bill of Rs. 4,348/- for payment and after such payment the company removed the existing meter bearing No. 1802987 and installed a higher capacity meter being Meter No. 4073554 on 16.06.2012 to meet the additional load or maximum demand of 1.63 KW Security deposit held with the company of Rs. 4,588/- only.

          Ayan Chatterjee, complainant no.3 was provided a meter supply on 11.10.2010 through meter No. 4331279 with a demand load of 0.30 KW and Security deposit held with the company of Rs. 342/- and as per his monthly demand, he has to pay additional security deposit of Rs. 2,417/- and Ayan Chatterjee, complainant no.3 has got connection by suppressing his surname and applied to the company for electricity in the name of Ayan Kumar instead of Ayan Chatterjee.  Complainant no.3 has not applied for additional load for running AC Machine, regrigerator, microwave oven, washing machine, electric chimney, pump etc. and he has violated the Electricity Act, 2003.

          On 04.06.2012 complainant no.4 Santanu Kr. Chatterjee applied for additional load of 2 KW and the Company provided a Security Bill of Rs. 5,620/- for payment and existing meter being No. 1720105 was in adequate capacity to meet the additional load or maximum demand of 2.30 KW security deposit held with the company of Rs. 5,893/- only.

          Krishna Mohan Chatterjee complainant no.1 and Ayan Chatterjee complainant no.3 enhanced their sanctioned load for running AC Machine, refrigerator, microwave oven, washing machine, electric chimney, pump etc. apart from televisions, fans, bulbs and tube lights.  So the company has no obligation to see whether the AC Machine was having proper safety measures or whether the AC was having free from all its manufacturing defects and the complainants did not produce any documents to show that the AC Machine was free from all its manufacturing and inherent defects and the cause of damage of alleged low voltage of supply it at all.

          In fact four meters were provided in favour of four individual names and by splitting the load, complainant no.1 obtained four numbers of meters in four different names which as per law is not permissible and he had taken meters in the names of his wife and two sons who are made parties in the instant case.  So the allegations is made in the complaint are all false and vexatious and there was no negligence and deficiency on the part of the op for which they prayed for dismissal of this case.

 

                                                     Decision with reasons

          On proper consideration of the complaint and written version and also considering the materials on record and further hearing the Ld. Lawyers of the op and also the complainant, it is clear that complainants have their four separate meters in the same premises and they are by relation husband, wife and son or mother etc.

          Fact remains that in respect of Santanu Chatterjee being Meter No. 1720105 is inadequate capacity to meet the additional load.  Similarly Ayan Chatterjee has not prayed for additional load and he has not prayed for sanction of additional load for running AC Machine, refrigerator, microwave oven, washing machine, electric chimney, pump etc. and his load of meter is 0.30 KW.

          But in the meantime Swapana Chatterjee, complainant no.2 applied for additional load of 1.3 KW and on payment security bill, company removed the existing meter bearing No. 1802987 and installed a higher capacity meter being Meter No. 4073554 on 16.06.2012 to meet the additional load upto maximum demand of 1.63 KW security deposit held with the company of Rs. 4,588/- only, whereas Krishna Mohan Chatterjee complainant no.1 present meter load is 0.40 KW.  But he has not applied for additional load for running AC Machine, refrigerator, microwave oven, washing machine, electric chimney, pump etc. for use.

          After proper evaluation of the evidence and materials on record, it is found that op authority as per complaint of the complainant no.1 on 29.04.2014 and 14.05.2014 Electricity Company visited the said house of the complainant and inspected the premises and did not find any sign of low voltage at that time and meters were installed with adequate strength to cater electricity to the premises of the complainant as per their demands as disclosed at the time of getting such connection.  So the company cannot take any responsibility for use of electricity made beyond the connected load.

          Further it was found that at the time of inspection that certain precautionary arrangement was not there when the inspection was done at site and fact remains that complainant suffered loss due to their use of excess load by using different type of electricity equipment’s through their load factor is daily the consumption level of electricity.

          Fact remains that complainant ought to have filed separate application before the Electrical Authority op for enhancement of their load as per their requirement but that has not been done.  Only Swapna Chaterjee increased her load factor from 1.3 KW to additional load 1.63 KW and deposited security amount and as per prayer op installed higher capacity of meter being Meter No. 4073554 on 16.06.2012 and that has not been denied by the complainant. 

          But in the complaint it is mentioned that Swapna Chatterjee meter No. is 1802987 but that is false.  But other there persons Krishna Mohan Chatterjee, Ayan Chatterjee and Santanu Chatterjee did not pray for additional load and for existing higher capacity of meters for which it is found that it is the fault on the part of the complainant nos. 1,3 & 4.

          Most interesting factor is that Swapana Chatterjee’s meter has been changed as per her prayer and high capacity power has been already fixed and complainant no.2 has been enjoying the same but a false complaint is filed by complainant no.3 in this case.  At the same time it is proved that other complainants also submitted a false story to get relief.  But in fact it is their duty to file such application for enhancement of higher capacity meter but that has not been done.  But only Swapna Chatterjee in the meantime has changed it and got a higher capacity meter.  So, it is clear that there was no fault on the part of op.  So, question of low voltage is completely false and vexatious and truth is that Krishna Mohan Chatterjee, Ayan Chatterjee and Santanu Chatterjee have not changed their meters capacity as yet but they are enjoying the load of electricity consumption which is not possible for such meter to cater such load. 

          So, apparently the act of the complainant nos. 1, 3 & 4 tantamounts to one kind of commission of theft of electricity indirectly.

          In the light of the above observation, we are convinced to hold that the present complaint is vexatious, false and fabricated and only to harass the op this complaint is filed and for which we are dismissing this complaint as a vexatious complaint and invariably penalty shall be imposed for filing such vexatious complaint against op.

 

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is dismissed on contest against the op with cost.

          Complainant nos. 1, 3 & 4 are hereby directed to pay penal cost of Rs. 5,000/- each to this Forum within 15 days from the date of this order failing which for non-compliance of the Forum’s order and for disobeyance of Forum’s order, penal action u/s 27 of C.P. Act 1986 shall be started against them for which they may be imposed further penalty and fine for that cause.      

 

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'ABLE MR. Ashok Kumar Chanda]
MEMBER
 
[HON'ABLE MRS. Sangita Paul]
MEMBER

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