West Bengal

Bankura

CC/30/2022

Vivek Kumar Kedia - Complainant(s)

Versus

Station Manager, Beliatore Customer Care Centre, WBSEDCL - Opp.Party(s)

Self

23 Mar 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 30/2022

Date of Filing : 29.09.2022

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant: Self

For the O.P. Ld Advocate Jayanta Chowdhury

Complainant                                                                                                          

Vivek Kumar Kedia,  S/o Sri Surendra Kumar Kedia, at Beliatore, P.O.& P.S. Beliatore, District- Bankura, PIN-722 203.                                                                                                                                                  

Opposite Party  

Station Manager, Beliatore Customer Care Centre, WBSEDCL, P.O. & P.S.Beliatore, District- Bankura, PIN-722 203.                                                                                                                                                  

 

FINAL ORDER / JUDGEMENT  

Order No.05                                                                                   

Dt. 23-03-2023

Both parties filed hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The complainant’s case is that he applied for electric connection on 12-08-2020 for domestic purpose on deposit of application fees before the O.P. but no quotation has still been sent to the complainant. Thereafter the complainant sent series of letters to the O.P. requesting for new service connection by letter dated: 12-11-20, 18-11-20, 19-01-21 and there was also exchange of reply between the parties in regard to the new service connection but ultimately the complainant failed to have new electric connection to his premises.

                                                                                                                                                                                       Contd……p/2

Page: 2

The O.P. was of the view that the complainant cannot get the service connection unless Outstanding dues (OSD) of Rs.1,26,476/- in the name of Ma Mansa Industries, located in the same premises, is cleared but thereafter agreed to the service connection subject to production of affidavit sworn by1^st Class Judicial Magistrate confirming on the fact that he has no connection with the said Ma Mansa Industries but the complainant could not comply with the same though he is ready and willing to produce the Notarial Affidavit on the subject matter.

Being frustrated the complainant has taken recourse to this Commission for appropriate relief for service connection to his premises together with statutory penalty for such inordinate delay in installing connection.

The O.P. contested the case by filing a written version contending inter alia that on inspection by the O.P. it was found that the premises for which the service connection has been applied for has already a service connection with Consumer I/D 232097833 having OSD of Rs.1,26,476/- along with LPSC (Late Payment Surcharge) of Rs.3,32,851/- in the name of said Ma Mansa Industries of which Smt. Puja Devi Kedia is the proprietor who is related to the present complainant as being the wife of complainant’s cousin brother Sri Anil Kumar Kedia. Said connection stands disconnected w.e.f. 21-03-2018 for non-payment of the OSD and LPSC as above and the O.P. has sent letter to the complainant for payment of the OSD & LPSC in order to get the new connection to his premises.

-:Decision with reasons:-

Having regard to the facts of the case, documents on record and contention and submission on both sides the Commission finds that the complainant has applied for new service connection to his premises but the O.P. does not comply with the same for non-payment of OSD & LPSC to the service connection No.232097833 alleged to be existing in the same premises and plot of land being enjoyed by the family members of the complainant and after disconnection of the above mentioned electric line w.e.f. 21-03-18 for non-payment of OSD & LPSC as above  the complainant applied to the O.P. for fresh new connection as if the previous service connection is different from the newly applied connection. The complainant could not place any material on record that Kedia family namely the complainant, Anil Kr. Kedia and his wife Puja Devi Kedia lives in separate mess having separate electric connection in the same premises and plot of land.

                                                                                                                                                                                                  Contd……p/3

Page: 3

It is the duty of the complainant to dispel doubt from the mind of all concerned by confirming the fact that Ma Mansa Industries is a separate entity located in different premises having no connection with the family of the complainant. Reluctance on the part of the complainant to swearing an affidavit by 1^st Class Judicial Magistrate for confirmation of this fact lends support to the doubt regarding the entity of Ma Mansa Industries. The complainant and his family members being in common enjoyment and beneficiary of the electric connection from the said Ma Mansa Industries is not entitled to get a new connection to his premises without the payment of OSD & LPSC as claimed by the O.P.

Regulation 13.9 of Notification no.46/WBERC, dt.31-05-2010 framed by West Bengal Electricity Regulatory Commission clearly provides that for getting new electric connection for supply of electricity the intending consumer shall be required to pay all outstanding dues in respect of any other service connection held in his or her name located in the  area of supply and he shall also be responsible for payment of outstanding charges if it is established that he had a nexus with the previous  consumer (s) including the purchaser/the new Lessee and the Tenant of a property. Unless the complainant establishes his separate entity and status other than Ma Mansa Industries by any cogent evidence like Partition Deed he will be deemed having same and identical identity and interest with said Ma Mansa Industries the connection of which stands disconnected for non-payment of huge outstanding dues.

It is a case of nexus between the complainant and said Ma Mansa Industries to deprive the O.P. of their legitimate dues by way of application for fresh new connection.

Ld. Advocate for the complainant has cited three decisions namely W.P No.8631 of 2007, MAT No.392 of 2007 an C.O. No.3927 of 2010 all of Calcutta High Court but they are not applicable to the present case.

                                                                                                                                                                                           Contd……p/4

Page: 4

In consideration of the above facts and circumstances and the legal position involved in the matter the Commission thinks that the complainant has not come with clean hands before this Commission and the O.P. has rightly denied the electric connection  to the complainant he has applied for. However the complainant may get his new connection as applied for subject to payment of the entire outstanding dues as claimed by the O.P.

Accordingly the case is disposed of on merit but without cost in the light of the above observation.

Both parties be supplied copy of this order free of cost.

 

   __________________                   ________________               ________________

 HON’BLE   PRESIDENT        HON’BLE    MEMBER       HON’BLE    MEMBER