West Bengal

Bankura

CC/128/2015

Sk. Ibrahim - Complainant(s)

Versus

Station Manager, Kotulpur C.C.C - Opp.Party(s)

Self

31 May 2017

ORDER

Fact of the case in short is that this Complainant applied for new electric connection before O.P., for running a Husking Machine as well as Oil Mill under the name and style “Torab Bani Husking & Oil Mill” on 21-01-2014.  So, he deposited Rs.2,000/- as Earnest Money on 06-02-2014 and also deposited Rs.52,737/-  on 19-06-2014 as  Security Deposit on the basis of quotation given by the O.P..  Subsequently, this Complainant submitted application to the O.P. stating inter alia for returning of the Security Deposit as well as Earnest Money deposited by him but; this O.P. has not returned same to this Complainant.  So, this Complainant has filed this case and prays for compensation to the tune of Rs.2,00,000/- for loss of his business and further compensation of Rs.50,000/- for wasting time.

This Complainant is being contested by the O.P.  WBSEDCL by filing W/V in the form of petition stating inter alia that the O.P. informed the Complainant by sending letter regarding refund of money by cheque ; but this Complainant refused to accept the cheque.  So, the O.P. has made prayer for dismissal of this case.

                                                                     Points for Determination.

1)  Is the case maintainable ?

2)  Whether the Complainant is entitled to any relief as prayed for.

3)  Whether the Complainant is a consumer ?

4)  Whether there was any deficiency in service in the matter of refund of Security Deposit

       and Earnest Money to Complainant.

                                                                      Decision with reasons.

In this case the Complainant who is conducting this case in person argued inter alia that this Complainant deposited Rs.2,000/-  on 06-02-2014 as Earnest Money and Rs.52,737/-  as Security Deposit to the O.P. for getting electric connection in his Husking Mill ; but subsequently this Complainant submitted application for refund of the Earnest Money as well as the Security Deposit to the O.P. ; but O.P. has not refunded the same.  Complainant has also submitted further that he applies for electric connection for running Husking and Oil Mill, for the purpose of earning his livelihood by means of self-employment.  So, he has filed this case.

Ld. Advocate for the O.P. argued inter alia that O.P. get several intimation to Complainant to receive cheque of security deposit ; but he refused to accept the same.

In reply Complainant argued inter alia that no interest of the Security Deposit has been paid and the cheque was prepared without any interest on Security Deposit.  He has also argued that no Earnest Money has been returned.

We have carefully heard the submissions made by the Ld. Advocate for the O.P. and the Complainant who is taking this case in person.

Let us seen whether Complainant is comes under the definition of consumer as per provision of C. P. Act, 1986.

We find that Complainant submitted that he applied for case electric connection to run a Husking & Oil Mill for the purpose of earning his livelihood by means of self employment.  This fact has not been challenged by O.P.  either in W/V or at the time of argument.

So, we hold that Complainant intends to install case Husking & Oil Mill for the purpose of earning his livelihood by means of self-employment.

So, in view of sec 2(1)(d) explanations of C.P. Act, 1986 and in view of decision of Hon’ble Apex Court reported in 2016(3) CPR 323(S.C.).  We hold that this Complainant is Consumer as defined in explanation of sec. 2(1) (d) of C. P. Act, 1986.   So, this case is maintainable.

Let us seen whether the Complainant is entitled to return Security Deposit along with interest and earnest money as claimed.  It appears that it is undisputed that the Complainant deposited Rs.2,000/-  as Earnest Money and Rs.57,737/-  as  Security Deposit for getting case electric connection.  It also reveals from copy of the letter given by Complainant to O.P. that this Complainant submitted application expressing his inability to get electric connection for which he applied, for return of Earnest Money of Rs.2,000/- and Security Deposit of Rs.52,737/-  to  O.P.

It is undisputed that this O.P. sent letter to this Complainant on 18-10-2016 requesting him to collect the refundable amount from Kotulpur C.C.C. WBSEDCL Bankura / O.P. within 25-10-2016.

It also reveals from another copy of letter dated 01-12-2016 given by O.P. to the D.E. & D.M. Bishnupur Division stating inter alia to permit him to return cheque of Security Deposit bearing No.989160 Rs.52,737/- to D. M. Bankura.

So, it is undisputed that the O.P. had intention to refund the amount of Security Deposit ; but we find that no interest was included in the said Security Deposit.

As per sub-section 4 of section 47 that “the distribution licensee shall pay interest equivalent to the Bank rate or more, as may be specified by the concerned State Commission  on the security referred to in sub-section 1 and refund of security on the request of person who give such security “.

So, we find that as per sub-section 4 of section 47 of the Electricity Act, 2003 that the O.P. licensee must be interest equivalent to the Bank rate or more as may be specified of the concerned State Commission on the security referred to in sub-section 1 and refund of security and refund such security on the request who get such security.

So, we hold that the Complainant is entitled to interest equivalent to bank rate on the Security Deposit i.e. on Rs.57,737/- deposited by him ; but this O.P. has intended to refund the Security Deposit without any interest as per sub-section 4 of section 47 of the Electricity Act, 2003.

So, we hold that it is a unfair trade practice on the part of the O.P. and it may also be called as deficiency in service.

In view of the above facts & circumstances and discussion made above we hold that if

interest on Security Deposit is awarded @ 7 % p.a.  then none would be prejudiced.

We also hold that Complainant is also entitled to refund of Earnest Money of Rs.2,000/- but; he is not entitled to get interest on the Earnest Money.

We do not like to impose any compensation as no evidence have been adduced by the Complainant in support of his prayer for compensation.  Moreover, O.P. is ready to refund amount of security deposit ; but Complainant refused to receive the same.  He could receive the said amount and claimed for interest.  So, there were latches on the part of Complainant.

In view of the above facts & circumstances Complainant is entitled to refund of security deposit with simple interest @ 7 % p.a.  as well as return of Earnest Money of Rs.2,000/-.

No amount is awarded as compensation.

Hence, it is

                                                                                   Ordered

That the Complaint be and same is hereby allowed on contest ; but without cost.

O.P. Station Manager, Kotulpur C.C.C. of WBSEDCL is hereby directed to refund Rs.57,737/- deposited by Complainant as Security Deposited along with its simple interest @ 7% p.a. from the date of deposit till it’s payment by thirty (30) days from the date of receipt of copy of Judgement.

O.P. is also further directed to refund Rs.2,000/- deposited by Complainant as Earnest Money by thirty (30) days from the date of receipt of copy of Judgement failing which it will carry simple interest @ 7 % p.a. till it’s full realization.

The other prayers like compensation, etc. made by the Complainant is hereby rejected.

If the O.P. fails to pay the amount awarded / directed above within stipulated period then Complainant is at liberty to realize the same with due course of law.

Thus the Complaint is hereby disposed of.

Let a plain copy of this Judgement be supplied to the parties free of cost.