IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/89/2018.
Date of Filing: Date of Admission: Date of Disposal:
16.05.18 06.06.18 29.05.19
Complainant: Md. Amanullah Saikh
S/O Abdulla Saikh, Vill Rajkhanda,
P.O.Maharul Anantapur,
P.S. Nabagram, Dist. MSD,
Pin 742184.
-Vs-
Opposite Party: 1. S.M., Nabagram CCC,
WBSEDCL Vill, P.O. And P.S. Nabagram,
Dist. MSD,
Pin 742181.
2. Assistant Engineer
WBSEDCL, Nabagram CCC
Vill, P.O. And P.S. Nabagram,
Dist. MSD,
Pin 742181.
Agent/Advocate for the Complainant : Sri. Md. Mahatab Ali.
Agent/Advocate for the Opposite Party : Sri. Siddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
One MD. Amanullah Saikh (here in after referred to as the Complainant) filed the case against the Station Manager WBSEDCL, Nabagram CCC and Another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant used to run a Rice and Wheat Mill after taking necessary permission from the DIC, Murshidabad for self-employment. The Complainant also obtained pollution certificate from the West Bengal Pollution Control Board and took electric connection for running his Rice and Wheat Mill vide consumer ID No. 300130866. The Complainant used to pay electricity bills to the OP No.1 and he paid all energy bills up to March, 2017 but the OPs disconnected the electric connection on 21.02.17 suddenly without any notice to the Complainant and assured that the electric connection would be restored very soon. Ultimately, the Complainant came to know on 04.05.18 that the OP would not restore the service connection. The OPs are guilty of negligence , deficiency in service and unfair trade practice. Hence the Complainant has prayed for a direction upon the OPs to restore his electric connection for running his Rice and Wheat Mill and to pay a compensation of Rs.10,000/- for harassment and mental agony.
The OPs contested the case by filing written version on 20.09.18 contending that the case is not maintainable. The OPs denied that the Complainant was running the Rice and Wheat Mill for self-employment and the OPs disconnected electric connection without any reasonable cause. It is the specific case of the OPs that the Complainant got industrial connection having consumer ID No.300130866 for running Rice and Wheat Mill but the Complainant used to run Saw Mill for which a task force consisting of the Range Officer, Berhampore (North), Inspector In-charge, Murshidabad, Officer In-charge of Nabagram PS and BDO , Nabagram conducted the joint inspection of the Saw Mill and found that the Complainant was running a Saw Mill un-authorisedly by using his electric connection meant for running Rice and Wheat Mill. So as per order of the SDO, Lalbagh, the connection has been disconnected by the OPs and the Range Officer, Berhampore (North) closed the unit and the OPs are entitled to get Rs.9,638/- from the Complainant as outstanding dues. There is no deficiency in service on the part of the OPs. The OPs prayed for dismissal of the Complaint.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as she hired services of the OPs for consideration.
The Ld Advocate for the OP Nos.1&2 submits that the Complainant is not a Consumer.
On going through the complaint, written version,evidence and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986 as he hired services of the OPs for consideration.
Point No.2
The Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Ld. Advocate for the Complainant submits that the OPs disconnected the electricity on 21.02.17 without any reasonable cause and the Complainant never ran any Saw Mill un-authorisedly. He argues that the Complainant applied for licence for running a Saw Mill from the Forest Department and planned to run the Saw Mill by a
diesel engine but the Complainant never ran any Saw Mill as he did not get any licence from the Forest Department.
It is urged that the disconnection of electricity on 21.02.17 was not reasonable and justified. He submits that the OPs may be directed to restore the electric connection and to pay compensation of Rs.10,000/- for harassment and mental agony.
In reply, the Ld. Advocate for the OPs submits that the Complainant used to enjoy electricity vide Consumer ID No. 300130866 for running his Rice and Wheat Mill but the OPs disconnected the electricity on 21.02.17 as per direction of the SDO.
It is urged that a joint inspection was held on 21.02.17 by a task force consisting of Range Officer, Berhampore (North), Inspector In-charge, Murshidabad Police Station, Officer In-charge, Nabagram PS and BDO , Nabagram and it was found that the Complainant was running a Saw Mill un-authorisedly by using the electric connection meant for Rice and Wheat Mill without any licence for running his Saw Mill, as a result, the electric connection was disconnected as per order of the SDO, Lalbagh and the Range Officer, Berhampore (North) closed the unit. He submits that there is no deficiency in service on the part of the OPs and OPs are duty bound to act in accordance with law and as per direction of the SDO, Lalbagh.
We have gone through the written Complaint, Written Version, Evidence of the Complainant and xerox copies of documents.
Admittedly, the Complainant used to run his Rice and Wheat Mill by taking electric connection from the OPS. Admittedly, the electric connection was an industrial connection having Consumer ID No.300130866 but it has been asserted by the Complainant that he used to run his Rice and Wheat Mill for self-employment. It is also asserted in his evidence that he used to run the Rice and Wheat Mill to earn his livelihood. The Complainant has filed a xerox copy of Memo No. 502/EN dated 21.02.17 issued by the BDO, Nabagram addressed to the SDO, Lalbagh from which it appears that the Saw Mill of the Complainant was closed by Range Officer and electricity was disconnected when it was brought to be notice of the Electricity Department. The said memo was also signed by the BDO, Nabagram, Forest Range Officer, Berhampore North Range, One Sub-Assistant Engineer and one ASI of Nabagram PS. The Complainant has suppressed the said fact and has not disclosed the said fact in his complaint and he has denied the fact of running his Saw Mill on 27.02.17 in his evidence.
It is the version of the OPs that OPs disconnected the electricity of the Complainant as per direction of the SDO as the Complainant used to run a Saw Mill un-authorisedly without having any licence by using the electric connection meant in running Rice and Wheat Mill.
Considering facts and circumstances, we do not find any reason to hold that the OPs disconnected the electricity of the Complainant without any reason on 21.02.17. We find no deficiency in service on the part of the OPs. Hence, we hold that the Complainant is not entitled to get any relief.
Reasons for delay
The Case was filed on 16.05.18 and admitted on 06.06.18 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No.CC/89/2018 be and the same is hereby dismissed on contest against the OPs without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member President.
