DATE OF FILING                    :     21/03/2014

DATE OF S/R                            :      02/05/2014

DATE OF FINAL ORDER      :     14/11/2014

SRI ACHYUT KUMAR JANA

S/o Sri Basudeb Jana, Sitapur, Amardaha,

P.S. Shyampur,

Howrah-711312..........................................................................  COMPLAINANT.

Divisional Engineer

• WBSEDCL 13,Netaji Subhas Road.

  Howrah, 711101

   

• Station Manager, WBSEDCL

  Garchumuk CC. Centre P.S. Shyampur,

  Dist Howrah

Kolkata 700 089...............................................................................OPPOSITE PARTIES.

                                       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 complainantby filing a petition U S 12 of the C .P. Act, 1986 ( as amended upto date ) has prayed for a direction to be given upon the O.Ps. to refund a sum of Rs. 100 for disconnection and reconnection charges together with restoration of normal supply at the complainant’s premises along with compensation and litigation costs including other relief/s as the Forum may deem fit and proper.

1. The brief facts of the case is that the supply line of the complainant was disconnected on 27/02/2014 for non payment of outstanding energy charges for the month of December, 2013 for Rs. 306/- and subsequently paid the bills along with Rs. 100/- as disconnection and reconnection charges but in spite of payment made by the complainant the o.ps. did not pay any attention towards restoration of normal power supply which caused his mental agony. So finding no other alternative complainant filed this instant petition praying foraforesaid reliefs.

    

2. The o.ps. on the other hand by filing written version contended interalia denied all the allegations made by the complainant.The o.ps. opined that the amount of Rs. 100/- as disconnection and reconnection charges was levied due to non payment of energy bill for January, 2014 within the due date i.e., 05-02-2014 and subsequently paid on 06-02-2014 and as per computerized system it happens to fall upon disconnection consumer for which charges so levied was justified though no physical disconnection was made on 27-02-2014 followed by disconnection notice / order issued due to non payment of outstandingenergy bills for the month of December, 2013 for Rs. 306/- and the service line was reconnected on 28-02-204 on record after realization of arrear outstanding amount together with necessary charges as per norms . So question of negligence on the part of these answering o.ps. were not tenable to the appropriate court for law which the prayer of the complainant be liable to be rejected with 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

1. Whether the complainant is entitled to get any relief and compensation as prayed for

   DECISION  WITH   REASONS      :

    

1. Both the points are taken up together for consideration. We have carefully gone through the petition along with annexures filed by theo.ps. and noted its contents therein. It is admitted facts that the reconnection and disconnection charges of Rs. 100/- was levied upon the complainant for non payment of energy bill for the month of January, 2014 of Rs. F306/- where due date of payment was 05-02-2014 and subsequently paid on 06-02-2014 which falls under defaulting consumers categoryand no physical disconnection was done. As per WBSERC Regulations it was better not to realize any amount where physical disconnection was not activated resultant deviation of the rules and procedures which caused a part service deficiency in service. However, from the available records it is also noticed that the disconnection that was made on 27-02-2004 against non payment arrear outstanding dues of Rs. 306/- for December, 2013 was as pernorms looking from the available records i.e., serving of notice u/S 56(1) of theElectricity Act dated dd18-12-2013 which in turn with remarks “refused to accept” and subsequently reconnection order issued on 28-02-2014 trough computerized system vide no.GAR/RECON/887 dated 28-02-2014 under consumer sl. No. H670579 and no meter reading after disconnection/ reconnection of the line was made available as the premises is under Door lock condition.

    

2. Considering the above we find that the complainant is failed to prove the negligence on the part of the o.ps. with sufficient evidences. However, due to deviation of rules and procedures as elaborated above we are our candid opinion the complainant is entitled toget a relief on part.

   Both the points are accordingly disposed of.

    

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  157 of 2014 ( HDF 157 of 2014 )  be  allowed on contest with costs against o.ps. in part.

      The O.Ps. are hereby  be directed to restore the normal power supply at the complainant’s premises if not done earlier within 15 days from the date of this order.

      The complainant is  further entitled to litigation costs of Rs 2,000/- from the O.Ps.   within 30 days from the date of this order.

      No order as to compensation.

      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.