DATE OF FILING                    :     07-08-2013.

DATE OF S/R                            :      08-08-2013.

DATE OF FINAL ORDER      :     28-03-2014.

Rekha Biswas,

w/o. Debabrata Biswas

of 19, Guitendal Lane,

District – Howrah,

PIN – 711101, ….............................................................................................  COMPLAINANT.

• Versus -

   

  1.         Senior Manager,

              CESC Limited, Loss Control Cell,

              Eastern Building ( 4^th floor ),

              15/1, Chowringhee  Square,

              Kolkata – 700069.

   

  2.         District Engineer,

              CESC Limited,

              433/1, G.T. Road ( N ),

              Howrah – 711101...............................................................................................OPPOSITE PARTIES.

   

                                                  P    R    E     S    E    N     T

   

  President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

  Member      :      Shri P.K. Chatterjee.

        Member       :     Smt. Jhumki Saha.     

   

                                                   F  I   N   A    L       O    R   D    E     R

   

  1. The instant case was filed by the complainantU/S 12 of the C .P. Act,1986 ( as amended upto date ) against alleging deficiency in service and unfair trade practice U/S 2(1)(o), 2(1)(g) and 2(1)( r ) of the C.P. Act, 1986  wherein the complainant has prayed for a direction to be given upon the O.Ps. i.e., CESC Ltd Authority, for deleting the outstanding arrear charges of Rs. 1,84,147/-  in the name of late Sudhir Kr. Biswas, was running a grocery shop at the premises of 3, Joynarayan Santra Lane, against  Consumer no. 60005063009. 

2. The brief facts of the case of the complainant is that the complainant is residing at 19, Guitendal Lane, Howrah, consuming electricity through meter no. 1974863 under  Consumer no. 60003120008, suddenly received a notice for disconnection of her  power supply  at the scheduled premises in a letter dated 24-07-2013 from the o.ps. against non payment of outstanding arrear charges under  Consumer no. 60005063009 of Rs. 1,84,147/- in respect of late  Sudhir Kr. Biswas was holding a separate premises in spite of the facts that she paid all the bills regularly without any default. Being aggrieved complainant filed this instant case with the aforesaid prayers before the Forum.

3.         Notices were served upon the o.ps. The o.ps. appeared and filed written version mentioning that the case is not maintainable in law as well as in  facts. The o.ps. admitted the facts that the arrear energy bill was claimed against non payment amounting to Rs. 1,84,147/- of the consumer namely late  Sudhir Kr. Biswas was running a grocery shop under consumer no. 60005063009 in a separate premises where there is a direct nexus with this complainant and that to this particular complainant shall have to pay the outstanding dues failure of which the electric line under  Consumer no. 60005063008 will automatically disconnected as per law and also the instant case has no merit and liable to be dismissed with exemplary costs. 

4.  Upon pleadings of both parties two points arose for determination :

1. Is there any deficiency in service on the part of the O.Ps?

2. Whether the complainant is entitled to get any relief and compensation as prayed for?

    

    

   DECISION  WITH   REASONS      :

    

5. Both the points are taken up together for consideration. Perused the evidence, documents adduced by both the parties. Considered.

6. No doubt it is a admitted facts that the present complainant is a bonafide consumer having consumer no. 60003120008 residing at 19, Guitendal Lane, Howrah, paid electric bills regularly without any default.

7. The point of dispute is that the complainant declined to pay the arrear dues of Rs. 1,84,147/- of a consumer having consumer no. 60005063009 previously running a grocery shop in a separate premises died in the year 2002 namely late Sudhir Kr. Biswas.

8. It is astonished to note that the o.p. or his representative through a letter dated 24-07-2013 claimed an outstanding dues of Rs. 1,84,147/- against separate consumer having separate consumer no. was residing a separate premises with acaution for disconnection of power supply of the present complainant who consuming electricity in a separate premises with holding different consumer no. and separate meter which is in contravence of the WBSERCRegulation / Provision of theElectricity Act, 2003 wherein it is clearly stated that the recovery of the arrears should be realized within the specific time bound but within two years from the date of disputed/arrear bills so served. But in this situation the o.ps. ought to realize the balance of outstandingamount within the limited time but the o.ps. failed to realize from the complainant / consumer except this instant case which attempts for realization made after 3 years from the date of assessment so as to say the disconnected the power supply at the consumer premises on 28-03-2011 which is not desirable at this juncture from the o.p. resultant the consumer suffered a lot with mental agony tantamounts to gross deficiency in service and unfair trade practice by building up a cock and bull story.

 9. Considering the above we have our considered opinion that the o.ps. have caused deficiency in service and adopted unfair trade service to some extent by not taking proper action for realization of the outstanding dues so assessed i.r.o. pilferage of electricity in time resulting tremendous hardship to the complainant  including prolonged mental agony.

           Therefore, we are of the view that the complainant has a genuine demand and in view of the present position of law his demand requires to be fulfilled in part.

Both  the points are accordingly disposed of.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No.  271 of 2013 ( HDF  271 of 2013 )  be  and the same is allowed on contest without costs against o.ps.

      The O.Ps. CESC  Authority is hereby directed not  to disconnect the  power supply at the schedule  premises of the complainant against realization of outstanding dues to other consumer bearing  consumer no. 60005063009 in the name of late Sudhir Kr. Biswas residing in a separate premises.

      The o.ps. CESC Authority is also directed to refrain for realizing the outstanding dues of  Rs. 1,84,147/- in the name of late Sudhir Kr. Biswas from the complainant. 

      No costs as to  compensation and litigation are awarded.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F.,Howrah.