Sri Pradip Kumar Ghosh filed a consumer case on 11 Jun 2018 against Station Manager, Anandapur C.C.C., W.B.S.E.D.C.L in the Paschim Midnapore Consumer Court. The case no is CC/203/2017 and the judgment uploaded on 11 Jun 2018.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PASCHIM MEDINIPUR.
Bibekananda Pramanik, President
and
Pulak Kumar Singha, Member
Complaint Case No.203/2017
Pradip Kumar Ghosh, S/o-Gopal Chandra Ghosh,
Vill-Salanga, P.O.-Parshura, P.S.-Keshpur,
Dist- Paschim Medinipur.
………..……Complainant.
Vs.
Station Manager, Anandapur, CCC, WBSEDCL, Anandapur,
P.O. & P.S.-Anandapur, Dist- Paschim Medinipur.
.....……….….Opp. Party.
For the Complainant: Mr. Ashim Kumar Dutta, Advocate.
For the O.P. : Mr. Swapan Kumar Bhattacharya, Advocate.
Date of filling:- 27/12/2017
Decided on : - 11/06/2018
ORDER
Pulak Kumar Singha, Member –In short the case of the complainant is that complainant due to cultivation installed one mini deep tube well in his land in the year 2015 and for running said pump, as per his application he deposited required amount. O.P. installed electric connection with meter on 03/03/2015 vide I.D. no.201501690 and meter no. YX013397. Suddenly the transformer burned by short circuit or other problem and complainant informed the O.P. but O.P. without enquired and without changing the meter sent a bill on 09/03/2016 of Rs.76,217/-. On request of O.P. complainant deposited Rs. 40,000/- on 30/01/2017 with the assurance to change the transformer and meter in question. But O.P. did not change the same rather sent another bill of Rs.95,227/- bill date 06/01/2017. Due to non-supply of electric connection complainant lost Rs.1,00,000/- from
Contd………………….P/2
( 2 )
the income from cultivation. O.P. is deficient in service. Complainant appeared before this Forum for getting relief as per payer of complaint.
O.P. contested the case by filing written statement denying the allegations of complainant, stating inter alia that after receiving complaint from the complainant in respect of failure of DTR, O.P. inspected the premises and found that DTR is in OK condition and meter in question of said connection is in running condition. O.P. submits that to avoid payment of electric bill complainant filed a false case against the O.P. Due to huge unpaid outstanding bill O.P. disconnected the electric line. O.P. prays for dismissal of the case.
Decision with reasons
We carefully perused the complaint, written statement, evidence and documents and also consider the argument of both sides, it appears that as per prayer of complainant, O.P. installed one electric connection (STW) for mini deep tubewell of complainant for cultivation of his land on 03/03/2015. Complainant alleged that O.P. sent illegal bill without meter reading and due to short circuit the transformer in question was burned. O.P. also disconnected the electric connection due to non-payment of outstanding electric bill.
Complainant to prove his case filed examination-in-chief with affidavit and filed some documents and tendered himself as witness in evidence. In cross-examination of O.P., complainant admitted that Boro-paddy cultivation starts from the month of poush and ends in the month of jaistha. Complainant admitted that he paid Rs.40,000/- to the O.P. as arrear electric bill. He further stated that after the Boro cultivation,we generally disconnected the electric line from the meter. O.P. also submitted examination-in-chief with affidavit of one Mansa Mal, Station Manager, who tendered himself as witness in evidence as OPW-1 and produced some documents.
In cross-examination OPW-1 stated that we have no information as to whether the transformer of the complainant became burnt due to thundering of light.
It appears from the letter dated 05/01/2016 addressed to the O.P. by the complainant (Exhibit-I) in respect of information of defective meter. But from the documents and evidence it reveals that O.P’s investigating team inspected the meter in question and also complain in respect of burnt of transformer due to lighting and found both meter and transformer are in O.K. condition and electric line is running condition. From original electric bills it appears that in every bill period of consumption is duly noted and accordingly bill is also prepared. It appears from (Exhbit-1 to 4) payment receipt, besides the service connection charges complainant paid Rs.11,000/-, bill for June, 2015 and Rs.13,050/- bill for Feb, 2016. But O.P. sent monthly electric consumption bill to
Contd………………….P/3
( 3 )
the complainant where complainant did not pay the bill according the bill period as such due to non-payment of bills outstanding are recorded in the subsequent period bills. From the payment receipt it also appears that electric connection in question was disconnected and reconnected in few occasions after payment of requisite fees.
In view of the discussions here in above we find from the electric bill that bill dated 06/01/2017 outstanding balance of electric bill shown after payment of earlier dated bill and subsequently complainant paid Rs.40,000/- as arrear bill but not paid full amount as per meter reading electric bill as on 06/01/2017. We carefully observed and perused the documents that complainant did not pay the electric bill which consumed by STW connection in question to the O.P., as such O.P. disconnected the electric line in question as per rules of Electricity Act. Complainant fails to prove his case as per complaint as such he is not entitled to get any relief. On the other hand O.P. has no negligence or deficient in service.
Thus the complainant case fails.
Hence, it is,
Ordered
that the complaint case be and the same is dismissed on contest against O.P. without cost.
Let plain copy of this order be given to the parties free of cost.
Dictated and Corrected by me
Sd/- P.K. Singha Sd/- B. Pramanik.
Member President
District Forum
Paschim Medinipur
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