IN THE DISTRICT CONSUMER DISPUTES REDRESSAL  FORUM,

MURSHIDABAD ,  AT  BERHAMPORE.

CASE No.  CC No. 16/2017.

Date of Filing :                    Date of Admission :                      Date of Disposal :

  14.02.2017                                28.02.2017                                      20.11.2017

Uday Ghosh,

S/o Arun Ghosh,

Vill. & P.O. Rajhat,

P.S. Burwan,

Dist. Murshidbad,

Pin 742161.                                                          …………… Complainant.

       -Vs -

Station Manager,

Panchthupi Group Electric Supply,

WBSEDCL,

P.O. Panchthupi,

P.S.Burwan,

Dist. Murshidabad,

Pin; 742 161.                                                          ….......... Opposite Party.  

Sri  Akhter Masud,  Ld. Advocate                              …… for the Complainant

Sri  Siddharth Sankar Dhar,  Ld. Advocate              …… for the Opposite Party

Cont. ……….….   2

= 2 =

            Present :   Sri Anupam Bhattacharyya ……… President.

                         Smt. Chandrima Chakraborty …­….. Member.           

                                    Sri Manas Kumar mukherjee .…. …..Member.

J U D G M E N T

 Chandrima Chakraborty,  Member.

              Brief facts which are necessary to dispose of this case are re-capitulated as under :-

              The case stated in the complaint, in miniature, is that, the Complainant is a consumer under the Opposite Party being Consumer ID No. 313225348, Installation No. 14218362 which was used for agricultural purpose for his livelihood and used to pay the Electric Bill regularly. At the time of getting the connection the Complainant had paid the sum of Rs. 9,000/- only for Meter and another sum of Rs. 3,600/- only for Meter Box towards the Opposite Party.

              The Complainant alleged that the Opposite Party sent an illegal Bill of Rs. 94,000/- only on Oct. 2015, and the informed the matter to the appropriate authority and the Complainant had also paid a sum of Rs. 45,000/- only towards the Opposite Party as per the instruction of the said authority. Thereafter the Opposite Party further sent another illegal Bill of Rs. 80,766/- only on 25.02.2016 to the Complainant and on repeated requests of the Complainant the Opposite Party never rectified the said Bill.

Cont. ……….….   3

= 3 =

Moreover the Opposite Party also threatened to disconnect the electric connection of the Complainant  what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Complainant for which being victimized and harassed by the Opposite Party the Complainant finding no other alternative than to file the instant case seeking adequate redressal against the Opposite Party. 

              Resisting the complaint, the Opposite Party filed the Written Version denying the contention made by the Complainant in his complaint and stating inter alia that the case is not maintainable, the Complainant has no cause of action, barred by limitation and the Forum has no jurisdiction to deal the instant matter.

              The specific case of the Opposite Party in terse, is that, actually the Complainant is a consumer under this Opposite Party and enjoying the electric connection for STW. The Complainant was the regular defaulter in payment of monthly consumption charges for which the Bill for Oct. 2015, was amounting to Rs. 94,304.36/- only including outstanding for month of Sep. 2011 to Sep. 2015.  The Bill for month of Mar. 2016 was Rs. 81,486/- only which includes the outstanding dues of Rs. 80,765.52/- only and the consumption charges for the last Billing period. The Complainant had paid a total sum of Rs. 45,000/- only on 08.02.2016  to the Opposite Party out of the total outstanding dues and on 17.03.2017 the total outstanding due is Rs. 99,645/- only which includes the outstanding dues and Rs. 26,766/- only as LPSC which the Complainant have to pay towards the Opposite party yet.

              Thus, the Opposite Party denied any deficiency and negligence in rendering service towards the Complainant and prayed for dismissal of this case.

Cont. ……….….   4

= 4 =

              Point for Determination

1. Whether the instant case is maintainable ?

2. Whether the Complainant is a consumer ?

3. Whether there is negligence or deficiency in service on the part of the O.P?      

4. Whether the Complainant is entitled to get the relief as prayed for ?

                                        Decision with Reasons

             All the points are taken up together for consideration for convenience and brevity.                                                                                                                                                                                                                                                                                                                                               

              The main dispute between the Complainant and the Opposite Party is that, whether the Opposite Party are justified to charge the said disputed Bill in favour of the Complainant and whether the Complainant is at all liable to pay the said Bill amount towards the Opposite Party or not.

              On overall evaluation of the argument made before us by the Ld. Lawyers for the both parties and the material evidences on record, it is evident that admittedly the Complainant is a consumer under this Opposite Party being Consumer ID No. 313225348, Installation No. 14218362 which was used for agricultural purpose.

              The record reveals that at the time of hearing argument the Ld. Advocate for the Complainant argued that the Opposite party charged illegal excess amount in the disputed Bill for the month of Oct. 2015 whereas the Ld. Advocate for the Opposite Party argued that the Complainant was/is a habitual regular defaulter in payment of Electric Bill.

Cont. ……….….   5

= 5 =

              Moreover, the Ld. Advocate of the Opposite Party alleged that due to non payment of monthly consumption charges by the Complainant the outstanding amount of the Bill for Oct. 2015, was amounting to Rs. 94,304.36/- only including previous outstanding for month of Sep. 2011 to Sep. 2015.  The Bill for month of Mar. 2016 was Rs. 81,486/- only which includes the outstanding dues of Rs. 80,765.52/- only and the consumption charges for the last Billing period and Rs. 43,610.06/- only as LPSC and consumption charges for the last Billing period out of which the Complainant had paid The Complainant had paid a total sum of Rs. 45,000/- only on 08.02.2016  to the Opposite Party out of the total outstanding dues and on 17.03.2017 the total outstanding due is Rs. 99,645/- only which includes the outstanding dues and Rs. 26,766/- only as LPSC which the Complainant have to pay towards the Opposite party yet which the Complainant strictly denied but failed to submit the said alleged Bill which may support the Complainant’s case and might showed that the Complainant had duly paid the said alleged Bill amount towards the Opposite Party.

              So, it is crystal clear from the record and all submitted relevant documents that the Complainant had failed to pay the regular Bill amount for electric consumption towards the Opposite Party which he enjoyed and consumed for which the Complainant is under obligation to pay the said Bill amount as charged by the Opposite Party. But as the Complainant is an agriculturist he is entitled to get the installment benefit for end of justice.

              So the unanimous decision of the Forum is that that the Complainant have to pay a total sum of Rs. 99,645/- only towards the Opposite Party but is entitled to get the benefit of installments as such the Complainant have to pay a sum of Rs. 25,000/- only within one month from the date of this ‘Order’ and rest Rs. 74,645/- only on 11 installments out of which 10 installments is @ Rs. 7,000/- only each and balance of Rs. 4,645/- only to be paid within fortnight of each month along with current Bill amount.

Cont. ……….….   6

= 6 =

              Moreover, though the Complainant has been enjoying the electricity without payment of any amount the Forum decided not to award any compensation in favour of the Complainant.

              In light of the above analysis, we are of the opinion that the Complainant has partly proved the case in his favour is entitled to get the relief in part as prayed for and consequentially the points for consideration are decided partly in affirmative.

    In short, the Complainant deserves success in part.

    In the result, we proceed to pass

                                             O R D E R

              That the case be and the same is allowed in part on contest against the Opposite Party without any cost.

              That the Complainant is directed to pay a sum of total Rs. 99,645/- only to the Opposite Party out of which Rs. 25,000/- only to be paid initially within one month from the date of this ‘Order’ .

              That the Complainant is further directed to pay the rest amount of Rs. 74,645/- only on 11 installments out of which 10 installments is @ Rs. 7,000/- only each and balance of Rs. 4,645/- only to be paid within fortnight of each month along with current Bill amount.

              That the Complainant is further directed to pay the current electric Bills as per date mentioned in the said Bill/s as received from the Opposite Party along with the amount of installment per month.

Cont. ……….….   7

= 7 =

              That in case of any default in payment of current Bill and/or payment of installments per month on the part of the Complainant, the Opposite Party is at liberty to disconnect the electric connection of the Complainant or to act as per their Rules.     

              In the event of non compliance of any portion of the Order by the Opposite Party (i.e. if the Opposite Party will not receive the Bill amount and/or payment of installments) within a period specified herein, the Opposite Party shall have to pay a sum of Rs. 100/- per day, till its realization, as punitive damages which amount shall be deposited by the Opposite Party in the State Consumer legal Aid Fund.

    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.