Date of Filing:   22.08.2019.                                                                                    Date of Disposal: 07.12.2022. 

Complainant                :Smt. Sunita Ghosh, W/O Anil Ghosh, Vill.&P.O.Panduk, P.S. Ousgram, Dist. Purba Bardhaman. 

-VERSUS -

Opposite Party            :1. Divisional Manager Rural, W.B.S.E.D.C.L.  having Office at Frezer Avenue, Power Housing Complex, Purba Bardhaman, Pin 713152.

2. The Station Manager, W.B.S.E.D.C.L, Guskara Group Electric Supply, P.O. Guskara, Dist. Purba Burdwan, Pin-

3. The Assistant Engineer, Gushkara Customer Care Centre, P.O. Gushkara, Dist. Purba Burdwan, Pin 713128.           

Present                                   : Mohammad Muizzuddeen             -Hon’ble President.

                                                : Mrs. Lipika Ghosh                         - Hon’ble Member.

                                                : Mr. Atanu Kr. Dutta.                     - Hon’ble Member.   

Appeared for the Complainant           : Sri Kalyan Kumar Bandhu.  Ld. Advocate.

Appeared for the Opposite Party        :  None.

FINAL ORDER

            The complainant files hazira.

Today is fixed for passing ex parte order.

            On 22.08.2019 the complainant Sunita Ghosh lodged this  complaint u/S 12 of the   C. P. Act, 1986 against the Opposite Parties (O.P.s).

            The case of the complainant, in brief, is that the complainant was the proprietor of Ghosh Concern, engaged in a business, constructed for the purpose of her livelihood under a scheme floated by the Govt. of West Bengal, namely K.V.I.C.  Upon the application for provisional registration as a tiny unit for manufacturing of rice milling, husking Atta Chakki and wheat grinding and in this connect ion a clearance certificate from the Pollution Control Board had also been obtained to initiate the process of manufacture supply of electric energy had  required before the OPs as 20 H.P. motor. On 19.07.2007 the complainant had filled up an application form requesting 20 H.P motor electricity connection before the OP No.2 and the OP Nos. 2 & 3 orally informed the complainant that to avail  such facility, she had to bear the charges for changing the present 25 K.V. Transformer to a 63 K.V. Transformer  for the use  of the tiny  industrial unit and the OPs had orally informed the complainant that to avail the cost of 100 K.V Transformer otherwise the OPs would not     provide the complainant with 63 K.V. Transformer. For the purpose of her livelihood, the complainant was compelled to agree to provide the cost of 100 K.V. Transformer. Thereafter, provisional quotation was received by the complainant where she has to pay Rs. 3880/- for P.P. Box,  Rs. 24,700/- for security money, Rs.415/- for Service Connection and Rs.45, 082/- for up- gradation of the transformer, in total she paid Rs. 74,077/- on 11.03.2008. The OPs had set up a 100K.V. Transformer in place of 63  K.V. Transformer and the OPs had not set up any separate 25 K.V. transformer only for the official use of the complainant. The complainant had orally protested by question why the complainant had to bear the cost of supplying the electricity in all over the village but they failed to give any sufficient answer. On 02.05.2018 the complainant received a huge electric bill amounting to Rs. 1037/- and she decided to disconnect the said electric line permanently. On 11.05.2018 the complainant had  applied for the permanent disconnection of the electric line before the OPs and on the same day she paid Rs.40/- as disconnection charge and the line had been disconnected on the same day. On 15.5.2018 the complainant paid Rs. 1037 as against the Bill dt. 2.5.2018 and on 03.12.2018 the complainant had applied before the OP No.3 for refunding of security deposit, proportionate cost for up gradation of transformer, cost of P.P. Box, S.C. charge etc. But on 13.09.2018 the OPs sent a bill amounting to Rs. 12,859/- even after permanent disconnection of the electric line on 11.5.2018. On 13.09.2018 the OPs had informed the complainant that she was only entitled to get Rs. 9139/- after deducting Rs.12, 859/- as the bill from June to September, 2018. A legal notice had been sent on 12.02.2019 to the OP No.1 with a request to pay the legitimate claim amount but the same has been refused by OP No.1. In this way, they committed deficiency in service.

            The cause of action arose on and from 03.12.2018 with the application made by the complainant demanding refund of Security Deposit and  the same is continuing till date.

            Upon this background,  the complainant prayed for directing the OPs to refund a sum of Rs.24,700/- as Security Deposit, Rs. 45,082/- for the price of up-gradation of the transformer, Rs.3888/- for P.P. Box and Rs.50, 0 00/- for non-setting up of a  separate 25 K.V. transformer and Rs. 50,000/- for distributing electric connection in all  over the village from the said transformer and Rs.10,000/- as compensation for mental pain, agony and harassment along with Rs.10,000/- as litigation cost.

                                                           Findings

            On 16.10.2019 the OPs appeared with an undertaking to file Vokalatnama.  As the OP did not file any Vokalatnama and W/V within the stipulated period for filing the same,  the case was fixed for ex parte hearing but ultimately the case is heard ex parte.

            In order to prove the case, the complainant filed evidence –on-affidavit. Complainant also filed Xerox copies of receipt for disconnection charge, one electric bill, one quotation for security deposit and other charges for electric connection and money receipt as per the quotation which has been given by the complainant.

            From the very fact as mentioned in the complaint as well as from oral evidence, it is found that the complainant was running a tiny business for manufacturing rice milling, husking Atta Chakki, wheat grinding etc. and took a certificate from the Pollution Control Board and the business constructed for the purpose of her livelihood under the Scheme floated by the Govt. of West Bengal namely K.V.I.C. But no such evidence has been filed by the complainant that the business was under the Scheme floated by the Govt. of West Bengal including the trade licence. It may be evident that she has paid money as stated by her to the OPs for heavy loaded electric connection for the said business and it was given by the Electricity Board.  But from the nature of business as stated by the complainant either in complaint or in evidence, it is very clear that though it was for the purpose of her livelihood but not by means of  self-employment.

            From the documents i.e quotation, electric bill dt. 31.03.2018, money receipts dt. 11.3.2008 etc. given by the OPs , it is found that the complainant took electric connection from the OPs and according to her case, she was agreed to  the proposal of the OPs to avail cost of Rs.100 K.V.. transformer though 63 K.V. Transformer was required and if it be the fact, then the complainant cannot deny that the OPs have set up a 100 K.V. transformer  in place  of 63 K.V. transformer and prior to it, the complainant stated that she had to bear the charges for changing 25 K.V to 63 K.V. transformer for use of her  tiny units of industrial concern of the complainant and thereafter, the said proposal for installation of 100 K.V. transformer in respect of those transfers was accepted by the complainant. According to the Law of Contract, she cannot deny it and it is the discretion of the OPs to distribute the electricity connection to the villages from the said transformer. As the electricity is the public utility for not only the complainant but also for the village people. It is the evidence of the complaint that she had to pay Rs. 3880/- for P.P. Box, Rs. 24,700/- for security money Rs.415/- for Service Connection and Rs.45, 082/- for up gradation of the transformer, in total she paid Rs. 74,077/- . According to Electricity Law and Rules, the OPs are not bound to return the said amount to the complainant except the Security Deposit of Rs.24,700/- when disconnection was made, but the electric bill amount for the period before disconnection must have to be paid by the complainant.

            It is the case and the evidence of the complainant that on 02.05.2018 a huge amount of electric bill of Rs.1037/- was received by the complainant for running the said business and this amount is not termed as a ‘huge amount of electric bill’ and as the complainant paid the same, the matter was ended there. On 11.05.2018 the complainant prayed for    disconnection of the electric line and on the same day she paid the disconnection charge of Rs.40/- , as it appears from the Xerox copy of money receipt filed by her. But there is no case of the complainant that she applied for preparing the final electric bill as consumed by her up to 11.05.2018 and there is no documents filed by her that she paid the expected final bill to the OPs.

 It is also the case of the complainant that the OPs have sent a bill amounting to Rs.12,859/-even after permanent disconnection of the electric line on 11.05.2018.  It has already been stated that there was no prayer for preparation of final bill at the time of disconnection of electric line on 11.05.2018, nor any document is forthcoming on behalf of the complainant that she has paid the electric bill up to 11.05.2018. Naturally the OPs may send bills amounting to Rs. 12,859/- till 11.05.2018. Even though no bill has been submitted by the complainant to show that the OPs sent the bill amounting to Rs. 12,859/- . On the other hand, the complainant admitted in her complaint that the OPs had informed her that she had only entitled to get Rs. 9139/- as refund amount after deduction of Rs. 12,859/- as the bill from June to September, 2018 as per customs of conversion of trading bills by the W.B.S.E.D.C.L with previous consumption of electricity unit  the bill is drawn. The amount for consumption of unit of electricity and the payment date is fixed on the forwarding months and naturally the said bill is paid from June to September, 2018 and there is no lacuna on the part of the OPs and as per story of the complainant, the OPs informed that the complainant is entitled to Rs.9139/- after deducting Rs. 12,859/- from the Security Deposit of Rs. 24,700/- . Accordingly, the complainant is entitled to get refund of Rs.9, 139/- only . But without receiving the said money, she has lodged this case claiming Rs. of Rs.24,700/- as Security Deposit,  Rs. 45,082/- for the price of up-gradation of the transformer Rs.3888/- for P.P. Box and Rs.50, 0 00/- for non-setting up of separate 25 K.V. transformer and Rs. 50,000/- for distributing electric connection in all  over the village from the said transformer and Rs.10,000/- as compensation for mental pain, agony and harassment along with Rs.10,000/- as litigation cost and this prayer has no basis at all. The complainant is also not entitled to get those amounts as because without receiving the said amount of Rs.9,139/- the complainant,  at her own initiation , had initiated this case. 

             Under the above facts and circumstances, the OPs are liable to refund only             Rs. 9,139/- as per their information.

            Hence, it is

                                                     ORDERED

That the Consumer Complaint No. 134/2019 be and the same is dismissed ex parte against the OPs but without any cost.

            Let a copy of this order be given to the parties on free of cost.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

               Member                                             Member                                             President

     D.C.D.R.C , Purba Bardhaman.   D.C.D.R.C, Purba Bardhaman.           D.C.D.R.C , Purba Bardhaman.