C.F. CASE No. : CC/09/91
COMPLAINANT : Biren Sarkar
S/o Late Nakul Sarkar
Vill + P.O. Petuabhanga,
P.S. Nakashipara,
Dist. Nadia
OPPOSITE PARTY/OP : Station Manager,
Bethuadahari Group Electric Supply,
West Bengal State Electricity
Distribution Co. Ltd.,
Vill. Bethuadahari,
P.S. Nakashipara, Dist. Nadia
PRESENT : KANAILAL CHAKRABORTY PRESIDENT
: SMT SHIBANI BHATTACHARYA MEMBER
DATE OF DELIVERY
OF JUDGMENT : 16th April, 2010
: J U D G M E N T :
In brief, the case of the complainant is that he has a service connection under the OP bearing No. D/22698. From this connection, he regularly gets electricity for domestic purpose and pays the bills also sent by the OP. Subsequently, he prayed before the OP to transfer his domestic connection in the category of commercial and accordingly he deposited the requisite money also. But till to date the OP has not corrected his electric bills. On 09.11.09 he sent a letter to the OP, but no reply is yet given to him. Rather for the last 3 & half months there is no electric connection at his house yet the OP sent electric bills and he paid the bill amount also. Due to non-transferring his meter from domestic category to commercial category and disconnection of electric line also this complainant suffered financial loss as he has a brickfield which is the only source of his income. It is quite clear that due to non-supply of electricity the brickfield cannot run and production of brick will stop also. So having no other alternative he has filed this case praying for the reliefs as stated in the petition of complaint.
OP has filed a written version in this case, inter alia, stating that the complainant initially applied for a domestic connection on 08.09.06 and accordingly, electric connection was given to him which is domestic in category. Thereafter, he deposited additional security deposit for commercial purpose on 05.10.07 based on office quotation and at present bills are being raised as per commercial rate changing the category from domestic to commercial. It is not at all true that the complainant has no electric connection for the last 3 & half months. On 26.11.09 the category of the complainant was replaced and accordingly, bills were supplied to him also. He all along enjoys electric connection. So no question of any financial suffering to him does arise. So the complainant has no cause of action to file this case and the same is liable to be dismissed against him.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On a careful perusal of the petition of complaint along with annexed documents filed by the complainant and the written version filed the OP and also after hearing the arguments advanced by the ld. lawyers for the parties it is available on record that admittedly this complainant is a consumer under the OP having original domestic service connection No. D/22698. There is no dispute regarding payment of bills by the complainant sent by the OP. It is also admitted by the OP that the complainant applied for transferring his domestic connection into commercial category and he deposited the requisite money before the OP also. The fact is that though this money was deposited on 05.10.07, but actually the connection is transferred from domestic to commercial category on 26.11.09. Complainant’s allegation is that due to belated transfer of this service connection from domestic to commercial, he has suffered financial loss. But at the time of argument ld. lawyer for the complainant submits that for the period from 05.07.07 to 26.11.09 the OP has not demanded any commercial charges upon the previous bills sent by him. So we find that no extra charge was levied by the OP upon this complainant. Rather from the documents filed by the OP on the date of argument it is available that commercial charge took effect on the bills since 30.11.09 which is also admitted by the ld. lawyer for the complainant. Regarding disconnection of electricity at his premises it is the complainant’s case that he could not enjoy electricity for 3 & half months prior to the date of filing this case. This case was filed on 18.11.09. From 'Annexure – 10B’ it is available that between the period from 12.06.09 to 19.09.09 the meter reading of the complainant was taken by the OP and the complainant enjoyed 342 units during that period for which the bill was supplied to the complainant and the said bill amount was duly paid by the complainant also. There is no other oral or documentary evidence to show that the complainant had no electric connection at his premises during that period. Ld. lawyer for the OP frankly submits that the complainant has not able to establish that he had no electric connection at his premises for the above said period. Change of connection from domestic to commercial category is already done by the OP which is admitted by the complainant also in course of his argument.
Therefore, considering the facts of this case and after hearing the arguments on both sides our considered view is that the OP has already transferred the service connection to the complainant from domestic category to commercial category and the complainant enjoys electricity all along. He has not suffered any financial loss due to transfer of the service connection from domestic category to commercial category after the lapse of 2 years. Rather we find that all the demands of the complainant are duly fulfilled up by the OP. In such a situation our considered view is that the complainant has no merit in this case at all now as all the reliefs as prayed by the complainant are given by the OP. In result the case fails.
Hence,
Ordered,
That the case, CC/09/91 be and the same is dismissed on contest without any cost.
Let a copy of this judgment be delivered to the parties free of cost.
