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. 318 / 2011.
1) Hamida Khatoon,
73/14/A, Topsia Road, Kolkata-700039. ---------- Complainant
---Versus---
1) Ms/. CESC Ltd.,
CESC House, Kolkata-700001.
2) District Engineer, M/s. CESC Limited,
South Regional Office, 6, Mandeville Gardens, Kolkaya-700019. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 11 Dated 29/05/2012.
The instant petition has been filed by the complainant Hamida Khatoon against the o.ps. M/s. CESE Ltd. with a prayer for installation for electric meter and complainant is an unemployed woman and the said meter is required for her livelihood purpose as she has been running a self-employment business. Complainant has further stated that she does not have any nexus with third party and she is ready to pay all the charges for the meter for running her self-employment business and o.ps. denied to entertain her prayer. Hence the case.
O.ps. had entered their appearance in this case by filing w/v stating therein that the instant case is not maintainable since complainant has opted for installation of new meter for commercial purpose and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.ps. rejected the prayer of complainant simply on the ground that complainant sought for the said meter for running her business for commercial purpose. In this regard we would like to highlight the decision of the Hon’ble Supreme Court of India published in (2009) 3 WBLR (SC) 321 and said decision has been referred by the Hon’ble State Commission, West Bengal in order dt. 15.2.2011 vide FA no.396 of 2010 and the Hon’ble State Commission has been pleased to observe the findings as stated herein “The expression ‘supplied’ is not the synonym of ‘sale’. Further upon careful reading of Section 2(1)(d)(ii) it is distinctly clear that if the consumer gets supply of electricity even for carrying on its commercial activities but not for making any commerce in respect of such supply, then also he will remain as a Consumer of electricity. In view of the decision of the Hon’ble Supreme Court as above and upon interpretation of the said section we are of the view that the findings made by the Forum below that complaint is not maintainable as the complainant got the supply of electricity for commercial purpose cannot, therefore, be sustained”.
In view of the decision and findings above we are of the view that CESC (o.ps) had deficiency in service for not providing new electric meter to the complainant being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are hereby directed to install new electric meter on receipt of necessary security money and meter cost and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only to the complainant for her harassment and mental agony and litigation cost of Rs.1000/- (one thousand) only. O.ps. are directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
