West Bengal

Kolkata-I(North)

CC/11/364

Sheoji Shukla - Complainant(s)

Versus

M/s. CESC Ltd. and 2 others - Opp.Party(s)

16 Apr 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/11/364
 
1. Sheoji Shukla
49/5/H/36, Circular Garden Reach Road, Kolkata-700023.
Kolkata
WB
...........Complainant(s)
Versus
1. M/s. CESC Ltd. and 2 others
CESC House, Kolkata-700001.
Kolkata
WB
2. District Engineer, CESC Ltd.
P-18, Taratala Road, Kolkata-700088.
Kolkata
WB
3. Dinesh Gupta
49/5/1E, Karl Marx Sarani, Kolkata-700023.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Smt. Sharmi Basu MEMBER
 
PRESENT:
 
ORDER

In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.

 

CDF/Unit-I/Case No.364 / 2011.   

 

1)                   Sheoji Shukla,

            GR-FR.

            49/5/H/36 Circular Garden Reach Road,

            Kolkat23.                                                                                                          ---------- Complainant

---Versus---                                     

1)                   M/s. CESC Ltd.

            CESC House, Kolkata-1.

 

2)       District Engineer,  M/s. CESC Ltd.

South West Regional Office,

P-18, Taratala Road, Kolkata-88. P.S. Taratala.                                        ---------- Opposite Parties

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

                                        

Order No.   15    Dated  16-04-2013.

 

            The case of the complainant in short is that complainant’s average consumption of electricity is Rs.400/- to Rs.500/- per month and he regularly paid the same in time. Complainant received a bill for the month of Sept.2011 a sum of Rs.1810/- which is excessive all the previous bills and complainant received the aforesaid disputed bill and went to the o.ps. office requested for further inspection of the aforesaid meter, but o.ps. directed the complainant immediately to pay the aforesaid disputed bill otherwise threatened to disconnect the domestic electric line of complainant.

            Complainant further states that o.p. no.3 residing is another premises and he is employee of CESC Ltd.

            Complainant states that in violation of the Electricity Act, 2003, o.ps. installed a new meter to the complainant’s premises and due to such illegal act by o.ps. the complainant wrote a letter to o.ps. but no action taken till the date of filing the case.

            Complainant states that as per section 43 of the Electricity Act, 2003 an occupier has right to enjoy electricity but the present case, o.ps. illegally installed new meter to the complainant’s premises which is unfair trade practice on the part of o.ps. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. nos.1 and 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

 

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant used to receive electric bill @ Rs.400/- per month and further case of the complainant is that complainant received bill for consumption of electric charges for the month of Sept.2011 showing amount of Rs.1810/- which is excessive as per opinion of the complainant and he further states that o.ps. installed a new meter illegally in the premises of the complainant and has prayed for recalculation of monthly bill and has prayed for issuance of direction to o.ps. for removal of meter board from the complainant.

            In view of the findings above and on perusal of the entire materials on record we find that o.ps. sufficient deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest without cost against the o.ps. O.ps. are directed to remove the meter of o.p. no.3 from the premises of the complainant and are further directed to install a defect free meter in the house of the complainant and to recalculate the electric bill on and from the month of Sept.2011 and to remove the anomalies detected, if any, on examination of the existing meter lying in the house of the complainant. O.ps. are directed to comply this order within 45 days from the date of communication of this order.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Smt. Sharmi Basu]
MEMBER

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