In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.
Case No. CC/45/2022.
Date of filing: 24/03/2022. Date of Final Order: 12/06/2024.
Sri Sambhu Nath Mukherjee,
s/o Late Bhupati Nath Mukherjee,
r/o holding no. 5, ward no. 13,
B.N. Das Road, Lalbagan- Padripara,
P.O. & P.S. Chandannagar,
Dist. Hooghly, PIN. 712136. ……complainant
-vs
- Station Manager,
Chandernagore West Bengal State
Electricity Distribution Company Limited,
CCC- II, Barabazar, P.O & P.S. Chandannagar,
Dist. Hooghly, PIN. 712136.
- The Chairman & Managing Director,
West Bengal State Electricity Distribution Company Limited,
Bidyut Bhavan, Block DJ, Sector- II, Bidhannagar, Kolkata- 700091.
- The Chief Engineer,
West Bengal State Electricity Distribution Company Limited,
Bidyut Bhavan, Block DJ, Sector- II, Bidhannagar, Kolkata- 700091.
- Sri Subir Dey,
s/o Sri Ranjit Kumar Dey,
holding no. 4, ward no. 13,Lalbagan- Padripara,
P.O. & P.S. Chandannagar, Dist. Hooghly, PIN. 712136.
…….opposite parties
Before: President, Shri Debasish Bandyopadhyay.
Member, Babita Chaudhuri.
FINAL ORDER/JUDGEMENT
Presented by:-
Shri Debasish Bandyopadhyay, President.
Brief fact of this case:- This case has been filed U/s. 35 (a) (ii) of the Consumer Protection Act, 2019 by the complainant stating that the petitioner is a bona fide consumer under OP-1 and regularly pays the necessary electricity service charges for the electricity consumed by him as and when billed by OP-1 inasmuch the petitioner does expect the bona fide reciprocal services for all time to come from OP-1 and OP-1 does not coerce, harass, neglect and not to cause any deficiency in services and not to pinch the petitioner and causing harm to his interest, being hand in gloves with any third party OP-4 for his unlawful gains and undue profits, as manifested in this involved case.
The petitioner’s house situates at the adjacent southern side of a third party OP-4 being owner of holding no.4 ward no.13, B.N. Das Road, Lalbagan Padripara, P.O&P.S Chandannagar Dist Hooghly, Pin-712136. OP-1 should be quite duty bound to offer necessary service to the petitioner hereof for all time and always, ensuring not to indulge in any unfair means and trade practices purportedly committing negligence including harassment to the time-testedly old senior citizen petitioner. It is shocking that OP-1 illegally, unethically and violating the legal provisions of Indian Electricity Act 2003 and rules framed there under motivatedly fixed the company’s electric meter and other accessories to the very old building of the petitioner for fresh and new electricity connection to the adjacent neighbourOP-4 in this petition. Surprisingly OP-1 became hand in gloves with OP-4 for his personal gain and unlawful profit by passing the electricity act and rules, including the service rules of the employees of the West Bengal State Electricity Distribution Company Limited. In this way OP-1 made himself legally actionable for unfair trade and business practices, negligence, deficiency in services and such other provisions of the Consumer Protection Act 2019.
The aged petitioner lodged a copy of written complaint to the OP-1 on 13.5.2019 and even physically made representation through his own to the local station manager, WBSEDCL, CCC II, Barabazar, Chandannagar, Dist-Hooghly Pin-712136 OP-1 on 13.5.2019 but nothing came out, contrarily in OP-1’s half/hearted reply letter no. CGES/II/290 dt.31.5.2019 he incorrectly affirmed that after inspection it is seen that the matter is not at all related with electrical issue which may create any foul on hindrance. It was completely factual aberration and a full fledged distorted projection in written communication, unfurling and confirming an illegal nexus between OP-1 and the adjacent third party OP-4., flagrantly flashing an all out illegal and deliberately negligence, unfair business practices and above all glowingly showing deficiency in services of OP-1 towards the consumer even though regularly the petitioner consumer offers to the OP-1 the relevant consideration amount whenever billed and received by OP-1 accordingly.
The petitioner waited and waited but nothing came out from the OP-1 to mitigate petitioner’s headache and sufferings to the petitioner as a consumer once again sent a Regd. A/D notice to OP-1 the service provider on 28.9.2020 alongwith a copy thereof to the Chief Engineer, WBSEDCL, Bidyut Bhavan, urging him to take necessary action within 7 days of the notice or to be liable to pay the liquidated damage if electric meter, box etc. are not shifted from his outside wall of the building which was refused by him and had been produced the same before the Calcutta High Court with the related writ petition.
As it appears from the postal report the same was refused by the said OP-3 that for the last time another Regd. A/D letter dated 1.12.2020 was sent to OP-2 praying for due justice etc., but the same was not considered. In spite of receiving the representation of the petitioner both written and physical OP-1 did not take any step to enquire into the matter.
Complainant filed the complaint petition praying direction upon the opposite party to pay a sum of Rs. 100000/- for mental pain, agony and relevant undue suffering and to pay a sum of Rs.500000/- deliberate willful, and illegal damage on the old residential house and to pay a sum of Rs.20000/- for litigation cost and to pay a sum of Rs.300000/- for payment of interest @ 10% p.a on total amount.
Defense Case:- The opposite party No. 1 contested the case by filing written version denying inter-alia all the material allegation as leveled against him and stated that those electrical meters was installed as way leave given by consumer. The present OP was not at all responsible regarding way leave for passing of electric service line and installation of electrical apparatus and equipments was given by electricity consumer. The present OP further submits that after getting written application submitted by OP-4 vide application no.5003164076 dt.25.11.21 and after deposited quotation amount Rs.1000/- the meter vide no.H 536640 was removed shifted on 25.11.2021 from the said premises. Another consumer applied on 25.11.2021 vide application no.5003164090 and deposited quotation amount Rs.2000/- the meter vide no.501585184 was also removed and shifted on 25.11.2021 from his premises. The present OP again submits the complainant is admitted in para 12 of the petition that the alleged meter has already removed and shifted by the present OP from the Meter box brick built room on 25.11.2021. The present OP again submits that the brick built meter room was not constructed by the present OP-1 but only two electric meters had been installed by OP as way permission was given by the consumer. The present OP was removed and shifted both the alleged meter without destructed the brick built meter room. In the circumstances the present OP further submits there is no deficiency of service held on the part of present OP as such he is not entitled to get any compensation as claimed.
The opposite party No. 4 contested the case by filing written version denying inter-alia all the material allegation as leveled against him and stated that the complainant is not a consumer of op no. 4 or the complainant has no consumer or merchandise relation with the op no. 4. Moreover no relief has been claimed against op no. 4 in this case by the complainant and the op no. 4 is a mis-joinder in this case and he is not a necessary party in this case and the writ petition touching only the property of the complainant of this case and the order of Hon’ble Judge Mr. Sabyasachi Bhattacharya dt. 3.2.2022 in the writ petition no. WPA 18382/2021 at the Calcutta High Court was honoured and complied with by the op no. 1 and this case has been filed with a prayer for compensation from op no. 1 only. So, the instant case is liable to be dismissed.
Issues/points for consideration
On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-
- Whether the complainant is the consumer of the opposite parties or not?
- Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?
- Is there any cause of action for filing this case by the complainant?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief which has been prayed by the complainant in this case or not?
Evidence on record
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition and denial of the written version of the answering opposite parties.
The answering opposite party nos. 1 and 4 filed evidence on affidavit which transpires the averments of the written version and so it is needless to discuss.
Argument highlighted by the ld. Lawyers of the parties
Complainant and opposite party nos. 1 and 4 filed written notes of argument. As per BNA the evidence on affidavit and written notes of argument of both sides are to be taken into consideration for passing final order.
Argument as advanced by the agents of the complainant and the opposite party nos. 1 and 4 heard in full. In course of argument ld. Lawyers of both sides have given emphasis on evidence and document produced by parties.
DECISIONS WITH REASONS
For the purpose of convenience of discussion and as the issues and / or questions involved in the points of considerations adopted in this case are interlinked and / or interconnected with one another, all the points of considerations are clubbed together and taken up for discussion jointly.
For the purpose of deciding the fate of the above noted points of considerations and to arrive at just and proper decision in this case, there is urgent necessity of making scrutiny of the materials of this case record. In this connection this District Commission after going through the materials of this case record finds that the complainant has claimed damage, compensation, litigation cost etc. from the OPs. In this regard the complainant side has relied on the decision passed in W.P.A No.18382 of 2021 where Hon’ble High Court has been pleased to grant opportunity/liberty to the writ petitioner (complainant of this case) for claiming damage/compensation. In this regard it is important to note that this District Commission has no power to award any compensation for damages suffered by complainant for the illegal activities of the OPs. As per provisions of section 9 of Civil Procedure Code and according to the provisions of section 34 of Specific Relief Act, Ld. Civil Court is the appropriate authority for awarding damages and compensation. But instead of filing the case before the Ld. Civil Court, the complainant has come before a wrong jurisdiction for getting damages / compensation.
Moreover, to prove the damage which is suffered by the complainant, the complainant side in course of trial has neither prayed any expert commission nor applied for expert opinion. Without getting such expert views there is no scope for assessing damages suffered by the complainant. In this respect, this District Commission shall not be out of mind that the complainant has also not prayed for any local investigation commission or Local Inspection Commission to prove the above noted matter. In other words it can be said all the complainant has miserably failed to make out his case of suffering damages due to activities of the OPs.
A cumulative consideration of the above noted discussion goes to show that the complainant has failed to make out his case of suffering damages, mental pain, mental agony, mental harassment etc. and so this District Commission has no other way but to dismiss this case on contest.
In the result it is accordingly
ordered
that this complaint case no. 45 of 2022 be and the same is dismissed on contest.
No order is passed as to cost.
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 for information and necessary action.
The Final Order will be available in the following website www.confonet.nic.in.
