In the District Consumer Disputes Redressal Forum, Murshidabad
Berhampore, Murshidabad.
Case No. CC/82 /2015
Date of filing: 23/06/2015 Date of Final Order: 22/07/2016
Probir Kumar Pan.
S/O- Late Sakti Charan Pan.
22/A, K.K. Banerjee Road, P.O.& P.S.- Berhampore.
Dist- Murshidabad, PIN-742101.(W.B.) ……………………………... Complainant
- Vs-
1).Station Manager,
C.C.C. W.B.S.E.D.C.L, Gorabazar.
P.O.&P.S.- Berhampore.
Dist.- Murshidabad. Pin.-742101.
2).Subir Kumar Pan, S/O- Late Sakti Charan Pan
22/A, K.K. Banerjee Road, P.O.& P.S.- Berhampore.
Dist- Murshidabad, PIN-742101.(W.B.) ………….….………… Opposite Party
Mr. Gagannath Bhattacharjee. Ld. Adv..…….……………………………. for the complainant
Mr.Siddhartha Sankar Dhar Ld. Advocate……………………………..for the Opposite Party No.1
Mr.Sanka Prasad Saha. Ld. Advocate…………………………………….for the Opposite Party No.2.
Present: Hon’ble Member,Samaresh Kumar Mitra.
Hon’ble Member,Pranati Ali.
FINAL ORDER
Samaresh KumarMitra,Member.
Brief facts of the complaint is that two electric connections are standing in the name of Sakti Charan Pan father of the complainant, being consumer I.D.No.313012915 for ground floor and consumer I.D. No.313024977 for 1st Floor in the same residential premises. That after the death of said Sakti Charan Pan his two sons Subir Kumar Pan & Probir Kumar Pan are living in separate mess in the said premises. Subir Kumar Pan is living in the ground floor with his family and enjoying electric connection being I.D. No.313012916 and Probir Kumar Pan is living in the 1st floor and using electric connection being I.D. No.-313024977. The complainant applied to OP No.1 for transfer the electric connection I.D. No.313024977 in his name and to shift the electric meter & main switch at his control area. The OP No.1 on proper enquiry transferred the electric connection in the name of the complainant and the complainant is paying bills regularly as per meter reading but did not shift the meter & main switch at his control area on the plea that OP No.2 objected it. The petitioner is afraid that the meter may be tampered by any other person as the meter & switch is now situated outside the control area of the petitioner. OP No.1 compelled the petitioner to deposit a sum of Rs.4731.00 as security desposit, Rs 3600.00 as service connection charge and Rs.414.00 as security deposit for change of ownership, though no new connection or meter was installed nor the meter & main switch was installed today. The complainant moved repeatedly to the OP No.1 to shift the meter & main switch at his control area but till todate the OP No.1 answered properly for which the complainant filed the instant complaint before this Forum for redressal.
The OP No.1 appeared by its advocate and filed written version and denied the allegation as leveled against him and averred that the electric connection having consumer ID 313024977 exists at 22/A, K.K. Banerjee Road at Berhampore. The meter was in the name of Sakti Charan Pan. The petitioner Prabir Kumar Pan applied for change of name of the above connection in his name in prescribed Form of WBSEDCL as per rules of WBSEDCL the other legal heirs of Sakti Charan Pan shall give their no objection in respect of transferred of name from Sakti Charan Pan into the name of the petitioner. The wife of Sakti Charan Pan by an affidavit expressed her no objection. The petitioner never expressed that Sakti Charan Pan has some other legal heirs. That on the basis of declaration of the petitioner the OP No.1 changed the name of the connection. Thereafter the petitioner applied for load extension, the work order issued but the OP No.1 could not perform the work due to objection of other legal heir of Late Sakti Charan Pan i.e. Subir Kumar Pan. This answering OP communicated the matter to the Complainant by a letter. That on 16.10.2014 the petitioner requested this OP to shift the meter at his occupied place but this OP asked this petitioner to submit the objection from his brother Probir Kumar Pan. But the complainant could not file the same so the OP No.1 failed to perform execution work due to family problem.
The OP No.2 appeared by its advocate and filed written version denying allegations as leveled against him and averred that the electric connection bearing ID No.313024977 was in the name of Sakti Charan Pan who resided in a two storied building appertaining to holding No.22/A, K.K.Banerjee Road, Gorabazar within Berhampore Municipality as owner. He died leaving behind wife Radha Rani Pan and two sons Subir Kumar Pan & Prabir Kumar Pan and two daughters Purnima Bhowmick & Sima Pan. The said house property has not been partitioned by metes and bounds between the aforesaid co-owners or co-sharers. The Complainant for getting connection in his name applied before the OP No.1 without obtaining no objection from other legal heirs. Knowing such the OP No.2 filed objection before the OP No.1 along with other sisters. OP No.1 has no authority to change and/or transfer the meter connection only in the name of the complainant without obtaining N.O.C from other legal heirs of Late Sakti Charan Pan. So this complaint is not maintainable and liable to be dismissed with cost.
The complainant filed evidence on affidavit in which he assailed that he & his elder brother Subir Kumar Pan is living separate mess in the said premises. His brother Subir Kumar Pan is living with his family in the ground floor and consuming electricity & paying electric bills as per meter reading of the electric connection I.D. No.-313012915. He applied for changing his name before OP No.1 who after enquiry changed the name of the connection and he is paying bills since then in his name. But the OP No.2 did not shift the Switch & Meter in the controlled area of the complainant on the plea that OP No.2 objected it. He further assailed that he never submitted any affidavit or any document to OP No.1 or anywhere stating that his father has no other legal heirs. He paid the fees for service connection charge amounting to Rs.3600.00 but no service has been provided from the end of the OP No.1 in relation to service connection No.313024977.
The argument as advanced by the parties/agents heard in full.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1). Whether the Complainant ‘Probir Kumar Pan.’ is a ‘Consumer’ of the Opposite Party?
2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3).Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Probir Kumar Pan is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is enjoying electricity as a beneficiary and presently the connection has changed in his name, so he is a consumer of the OP No.1 as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The opposite party No.1 being the largest Electric Supply Company throughout the state having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. Programs. So the role of OP Company for the development of the society is unquestionable.
The O.P. No.1 herein is the Station Manager of an office of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The O.P. No.1 Company is providing power in the rural areas in different projects for a long period. That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffer from paying accumulated units at a higher rate. As a consequence the consumers suffer a lot and make their grievances for remedy.
It appears from the case record that the complainant paid the fees amounting to Rs.414.00 for change of ownership, Rs.4731.00 for load enhancement/extension & Rs.3600.00 for service connection charge and he is paying electric bills regularly in relation to the meter reading. He produced the Xerox copies of the bill payment receipts. In the written version the OP No.1 averred that the name of the connection has changed from deceased Sakti Charan Pan to Probir Kumar Pan and the consumer Probir Kumar Pan is enjoying the power as provided by OP No.1. But the Meter & Switch has not been shifted in the controlled area of the complainant as the OP No.2 objected. The father of the Complainant & OP No.2 died in the year 1977 and since then the two sons are consuming power and paying bills in the name of a deceased person which is in contravention with the provisions of law. The complainant in dispute for the sake of his necessity applied for changing his name from his deceased father and also prayed for shifting the meter& switch in his controlled area before the OP No.1. After perusing the documents and conducting enquiry the OP No.1 changed the name of the connection that he is using for a prolonged period. But failed to shift the switch & meter in the controlled area of the Complainant for which the complainant filed the instant complaint. It appears from the case record and from the arguments that the complainant and OP No.2 are residing in a building in two floors and they are brothers and they are consuming powers provided by the OP NO.1 and the meters & switches are in the ground floor.
So from the above discussion we can see that the complainant prayed for sift of meter & switch in his portion for the safety & security of his power connection and every consumer should try to look after the gadgets or fittings which is annexed for proper functioning of his power connection. So his prayer for shift of meter & switch in his portion/ controlled area is reasonable and expected.
So we may conclude that there is no impediment to shift the meter & switch in the controlled area of the complainant and the objection of the OP No.2 is not tenable at this point.
4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant abled to prove his case and the Opposite Party is not liable to pay any compensation for deficiency of service.
ORDER
Hence it is ordered that the complaint be and the same is allowed in part on contest with no order as to cost against the Opposite party.
The OP No.1 is directed to shift the meter & switch of connection I.D. No.-313024977 lying in the name of this complainant in the controlled area of the complainant within 30 days from the receiving of this order for the safety & security of the connection. And report before this forum as early as possible.
OP No.2 is directed not to disturb the complainant in peaceful enjoyment of power. He is also restricted to cause any obstruction during the shift of switch & meter by the OP No.1 in the controlled area of the complainant.
The OP No.1 is at liberty to take the police protection during the shift of switch & meter from the existing place to the controlled area of the complainant for the sake of safety & security of the connection enjoying by the complainant.
No other reliefs are awarded to the complainant.
At the event of failure to comply with the order the Opposite Party shall pay cost @ Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 30 days by depositing the accrued amount, if any, in the fund of “Consumer Legal Aid Account”.
Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.
Dictated and corrected by me.
Member, President-in- Charge.
