DATE OF FILING : 15-05-2013. DATE OF S/R : 10-06-2013. DATE OF FINAL ORDER : 26-09-2013. SK. SULTAN , s/o lt. Sk. Md. Mahasin Vill – Khurigachi, P.S. Shyampur, District – Howrah, PIN – 711 315.------------------------------------------------------------------- COMPLAINANT. - Versus - Station Manager, Gorchumuk E/S W.B.S.E.D.C.L. Vill – Ulughata (58 Gate) P.O. Khurigachi P.S. Shyampur, Dist – Howrah – 711 315.----------------------------------------------------OPPOSITE PARTY. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the o.p. for proper servicing of electric bill in his name at village – Khurigachi, Howrah. owHH 2. The O.P. i.e., Station Manager, WBSEDCL in his written version contended interalia that there is no deficiency in service as the service connection in the name of the petitioner at village & P.O. Khurigachi,Howrah, but actually the premises where the connection is effected is a computer training centre at Khurigachi, Howrah, in spite of the facts that the petitioner is inhabitant of some another adjacent village and as such the energy bill which has duly been served through courier is difficult to find out the petitioner other than the Yuba Computer Centre of 58, Gate, Khurigachi. The answering O.P. further stated that attempt has already been taken for spot billing system to mitigate / minimize such problem for which the case is liable to be dismissed with exemplary cost 3. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.Ps. ? ii) Whether the complainant is entitled to get any relief and compensation as prayed for ? DECISION WITH REASONS : 4. Both the points are taken up together for consideration. Admittedly the complainant is a bonafide consumer received the electric bill in late hours at his residential address in spite of the facts that the connection was effected at some other placed i.e. Yuba Computer Centre. 5. The point of dispute is that the complainant did not receive the energy bill in time for which he was harassed and suffers prolonged mental agony for deposition the electric bill to avoid disconnection and requested the O.P. to take proper action in order to receive the energy bill in proper and in due date to avoid the surcharges. 6. Moreover, the O.P. being a licensee did not take due care upon his bonafide consumer to ensure the energy bill in due time which is crystal clear from the minutes on the dated 11-11-2011 as per annexed letter followed by letters dated 09-04-2013 and 23-04-2013 of the complainant. 7. Accordingly we hold our considered opinion that the action of the O.P. for dispatching the energy bill at the point of the complainant / consumer premises is a deficient in nature which tantamount gross negligence and deficiency in service for which the complainant has the genuine demand to get rid of the present mental agony. Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 151 of 2013 ( HDF 151 of 2013 ) be allowed on contest with costs against o.p. The O.P. i.e., Station Manager, Gorchumuk, WBSEDCL Authoirty , henceforth be directed to ensure the energy bill by whatsoever means with dated receipt so that the complainant can deposit the electric bill in due period to avoid surcharge. The complainant do get an award of Rs. 2,000/- as compensation for prolonged harassment and mental agony and also Rs. 500/- as litigation costs. The O.P. directed to pay the entire amount of Rs. 2,500/- to the complainant within 30 days from the date of this order failure of which it shall carry an interest @ 9% p.a. till realization. The complainant is at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) Member, C.D.R.F.,Howrah. |