IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC/118/2015.

 Date of Filing: 25.08.2015.                                                                                                                                         Date of Final Order: 13.04.2016.

Complainant:  Mamud Ali, S/O Shanawaj Ali, Vill. Kharbona, P.O. Dhulian, P. S. Samserganj,

                         Dist. Murshidabad.

-Vs-

Opposite Party: The Station Manager, WBSEDCL, Dhulian Gr. Elec. Supply, Vill.&P.O. Dhulian

                P.S. Samserganj, Dist. Murshidabad.

                                                                 Present:

Sri Anupam Bhattacharyya   ………………….President.                      

Sri Samaresh Kumar Mitra ……………………..Member.

Smt. Pranati Ali                      …………………… Member.

FINAL ORDER

Sri Anupam Bhattacharyya, Presiding Member.

The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying   for immediate reconnection of the Service Line of the Complainant and Rs.50,000/- towards mental agony, pressure upon mind and physic to this complainant.

The complainant’s case, in brief, is that the OP-WBSEDCL he is a bona fide consumer under the OP. In the year 2013 he applied for an electric connection for his residential house and paid earnest money along with security deposit as per direction of the OP. After receiving such amount the OP on 23.10.13 gave the electric connection in the domestic premises of the complainant. Suddenly on 1.11.13 the OP, in absence of the complainant, went to the house of the complainant and disconnected the service line without any reason.  The complainant rushed to the office of the OP to know the cause of disconnection but he failed. The complainant many a times met with the OP to redress his grievance but the OP did not take care of it.  The act on the part of the OP is nothing but unilateral, whimsical and the OP has deficiency in service. Having no   other     relief the complainant has filed the instant complaint. Hence, the instant complaint case.

The written version filed by the OP-WBSEDCL, in brief, is that the complainant has applied for Electric connection for residence. Electric connection was effected on 23.10.2013. Subsequently, it was found that there was a previous Electric Connection in the same holding being Consumer No. ID-313045407. The said connection was disconnected for outstanding dues of Rs.15, 450/-. The petitioner suppressed the fact at the time of filing of application for New Connection. Due to such outstanding dues of the previous Electric connection in the same holding, the present Electric Connection has been disconnected as per rules. So, there is no deficiency in service. The complaint is liable to be dismissed. Hence, the instant written version.

Considering the pleadings of both parties the following points have been raised for the disposal of the case.

Point for decision.

1. Whether the case is maintainable in its present form and in law?
2. Whether the case is barred by law of limitation?
3. Whether the complainant is entitled to get relief as prayed for?
4. To what other relief/reliefs the complainant is entitled to get

                                                                 Decision with Reasons.

            Point Nos. 1 to 4.

            All the points are taken up together for the sake of convenience.

            The complainant has prayed for re-connection of the service line in his residence. He also prays for compensation of Rs.50, 000/- for mental pain, agony and harassment.

            The case of the OP is that the complainant has applied for Electric connection for residence. Electric connection was effected on 23.10.2013. Subsequently, it was found that there was a previous Electric Connection in the same holding being Consumer No. ID-313045407. The said connection was disconnected for outstanding dues of Rs.15, 450/-. The petitioner suppressed the fact at the time of filing of application for New Connection. Due to such outstanding dues of the previous Electric connection in the same holding, the present Electric Connection has been disconnected as per rules.

            The complainant has adduced evidence by way of affidavit. He has also filed the Xerox copy of meter reading card and some money receipts.

            The complainant is willing to pay Rs.15, 450/- by some installments so that he may get reconnection in his domestic premises.

            Hence,

                                                                   Ordered

that the Consumer Complaint No. 118/2015 be and the same is hereby allowed on contest in pat without any order as to cost.

            The complaint is directed to pay the entire bill amount of Rs.15, 450/- by 16 monthly installments @ Rs.1000/- for 15 installments and the remaining Rs. 450/- for last installment.

            The first installment is to be paid by the complainant as early as possible and the remaining installments are to be paid within the fortnight of each month.

            The OP –WBSEDCL is to re-connect the electric connection in the residential premises of the complainant within 7 days from the date of receiving the first installment.

            In default on the part of the OP, in spite of receiving the first installment, the OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.