Dated of filing : 08.03.2016

Date of hearing :18.10.2016

       The instant appeal under Section 15 of the Consumer Protection Act, 1986 ( hereinafter referred to as “the Act” ) is at the behest of the Opposite Parties to impeach the judgement/final order dated 1901.2016made by the Ld. District Consumer Disputes Redressal Forum, North 24-Parganas at  Barasat ( in short, Ld. District Forum ) in Consumer Complaint No. 438/2015 whereby the complaint initiated by the Respondent herein U/s. 12 of the Act was  allowed on contest with directions upon the Appellants to pay interest on security deposit and costs amounting to RS.3554/-,to pay compensation  of Rs.2000/-, failing which the Appellants shall have to pay a sum of Rs.50/- per day from the date of  order till its  realisation.

       The Respondent herein lodged the complaint with the allegation of deficiency on the part of the Appellants for non- payment of interest on security deposit. Succinctly put, the respondent being complainant approached the Ld. District Forum alleging that he has maintained security deposit of Rs.1300/- since  25.11.1997 and  RS.1497/- since 16.09.2010. Being a Consumer of WBSEDCL being ID No. 153043101 on completion of each financial year he is entitled to interest accrued on the security deposit but inspite of several correspondences and reminders the appellant s /Opposite Parties has never adjusted order paid the  interest on security  deposits. The situation compelled him to approach Regional Grievance Redressal Officer  (RGRO) on 22.04.2013 and by an order dated 22.03.2013 the RGRO passed an order directing the Opposite Parties to pay interest @6% p.a. and also to adjust extra security deposit with the current electricity bill but  it remain unattended. Thereafter, the respondent approached  the ombudsmen and by an order dated 05.02.2014 the Ld. ombudsmen passed an order directing the Appellants/Opposite  Parties – (a) to pay simple interest  @6% p.a. on the security  deposit held by the complainant as on 01.05.2013 and also simple interest @ 10% p.a. from the said date to the date of actual adjustment ; (b) further  to pay simple interest @6% and 10%p.a. on the security deposit held by the complainant as on  01.05.2014 from the date to the date of actual adjustment. The order was duly communicated to the Appellant No.1 but it  yielded no result . The letters and correspondences made by the complainants went in vain. Hence, the respondent approached the Ld. District Forum wit prayer for certain reliefs, viz – (i) interest on security deposit as ordered by the ombudsman; (ii) cost amounting to Rs.3554/- and (iii) compensation towards harassment and agony etc.

       The appellants being Opposite Parties by filing a joint written version have stated that as per order of RGRO the detailed break up of security  deposits of Rs.21300/- and Rs.1493/- made on 25.11.1997 and 16.09.2010 respectively has already been sent to the complainant by Speed Post on 14.08.2014 but no further communication is made from the complainant. It has also been stated  that as per order of Ombudsman the security deposit  has been adjusted and this  will reflect on the next energy bills of the complainant. Therefore, the complaint  should be  rejected.

       After assessing the materials on record, the Ld. District Forum by the impugned order allowed the complaint with  certain directions, as indicated above, which prompted the  Opposite Parties to prefer this appeal.

       We have heard Mr. Alok Mukhopadhyay, Ld. Advocate for the Appellants as well as the Respondent n person. We have also scrutinised the materials on record.

       Upon  hearing the Ld. Advocates appearing for the parties and on going  through the ma trials on record it would  reveal  that the respondent is a Consumer of WBSEDCL, Consumer ID being  153043101 under the Noapara Group Electric Supply. Being consumer, respondent tendered two security deposits for  Rs.1300/- and Rs.1493/- on 25.11.1997 and  16.09.2010 respectively.

       The latest regulation issued by the West Bengal Electricity Regulatory Commission on Security Deposits as contained in regulation 52/WBERC dated  02.04.2013 under Clause 4.2.6 and 4.2.9. According to these regulations, the Appellants are supposed  to refund /adjust the interest on security deposit i the billing month of May of each year. It also provides that non-payment/non-adjustment of interest on Security Deposits to eligible consumer shall attract interest  @ 10% p.a. in addition to other penalties as per regulation.

       I this back drop, the respondent had to approach the RGRO, 24-Parganas ( North ) Region and by an order dated  20.08.2013 the RGRO passed an order to the effect that as per existing norms of WBSEDCL, 6% interest p.a. will be provided over the existing security deposited by the complainant/respondent and that will be adjusted along with  the extra security if it is calculated over the trend of consumption pattern by the consumer with the bills of the  complainant consumer. So as per demand of the complainant consumer whole meter will be furnished in writing within 15 days on the date of receipt of the order. As the said order has not  been complied with the respondent had to move before the Ld. Ombudsman for redressal of his grievances. After hearing the parties, the Ld. Ombudsman has held that the demand of the respondent for extra interest for the failure of the Appellants  for time adjustment of the interest is justified and the appellant should pay simple interest @  10% p.a. in addition to the simple interest @ 6% p.a. payable in general on security deposit.

        I is astonishing to note that inspite of order passed by a competent authority appointed under the provisions of Electricity Act, 2003 the appellants particularly the appellant  no.1 turned a deaf ear and failed to keep the commitment in accordance with the regulation of West Bengal Electricity Regulatory Commission.

       Ld. Advocate appearing for the appellant has submitted that a Consumer Forum has no jurisdiction to execute the order passed by Ombudsman in accordance with the provisions of Section 42(6) of the Electricity Act, 2003 and as such the impugned order should be set aside. The respondent, who appeared in person, on the other hand has contended that being a Consumer he approached the authorities in accordance with the provisions of Electricity Act, 2003 and when the Appellants defy to keep commitment in implementing the regulations of West Bengal Electricity Regulatory Commission in respect of payment of an interest on Security Deposit, the Appellant were deficient in services and, therefore, the Ld. District Forum was quite justified in passing the order impugned.

       After giving due consideration made by the parties, we find that the Ld. District Forum has appreciated the matter from proper perspective. The Appellants should have complied  with the order passed by the   Ld. Ombudsman. The cynical or lackadaisical approach of  the Appellants in complying with the  order of a lawful authority compelled a Consumer to approach the Ld. District Forum. Surprisingly enough, inspite of the  order of Ld. District Forum, the Appellants did not take any pain to appreciate the real state of affairs and unnecessarily  preferred this appeal just to cause delay in execution of the order at the cost of public exchequer. Therefore, the appeal being devoid of merit deserves dismissal with costs which I quantify at Rs.2000/-.

       Consequently, appeal is dismissed on contest with costs of RS.2000/- to be paid by the Appellants in favour of Respondent i.e. the Complainant of the case.

       The impugned judgement and final order are hereby affirmed.

The  Registrar of the Commission is directed to send a copy of the order to the Ld. District Consumer Disputes Redressal Forum, North 24-Parganas at Barasat for information.