IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC /03/2016.
Date of Filing: 05.01.2016. Date of Final Order: 26.04.2017.
Complainant: Khabiruddin Sk, S/O Mortuj Ali, vill. East DebidasPur, P.O. Kankuria, P.S. Samserganj,
Dist. Murshidabad. Pin 742202
-Vs-
Opposite Party: Station Manager, WBSEDCL, Dhulian Customer Care Center, P.O. Dhulian,
P.S. Samserganj, Dist. Murshidabad. Pin 742202.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali …………………… Member.
FINAL ORDER
Sri Anupam Bhattacharyya Presiding Member.
The instant complaint has been filed u/s 12 of C. P. Act, 1986 praying reconnection of the service connection of the complainant and to pay compensation of Rs.50, 000/- towards harassment and Rs.50, 000/- for mental pain and agony.
The complainant’s case, in brief, is that the complainant enjoys the electricity connection through service connection bearing No. 3620185 and Meter No. G1034981 and the complainant regularly pay the energy charges which he consumed as the said meter has been found defective, the OP installed a new meter bearing No. G1399044 and the complainant enjoys the said service connection through the said new meter installed by the OP and also pay the energy charges in respect thereof. Suddenly in the month of February, 2015 the personnel of the OP came to the House of the complainant and forcible disconnected the service line of the complainant. On query as to the reasons of disconnection the OP told that huge amount is lying unpaid . On several occasions the complainant requested for reconnection and also applied for reconnection on 31.3.15 and ultimately refused to reconnect. Then the complainant filed the instant complaint case.
The written version filed by the OP, in brief, is that there was service connection of Consumer I.D No.300487697 in the name of the complainant. There was an outstanding dues of Rs.22,092.71 which remains unpaid by the complainant. The complainant suppressing fact applied for a new connection in the same premises. As per rules no connection can be effected in the same premises having outstanding due. When the fact of such outstanding dues came to the knowledge of the Opposite Party then this Opposite Party disconnected the connection after prior intimation. The intimation was also given to the local police station. The electric connection can be reconnected only after payment of all outstanding dues of the previous electric connection. So, there is no deficiency of service on the part of the Opposite Party. The application is liable to be rejected.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Decision.
- Whether the petition is maintainable in its present form and in law?
- Whether the petitioner is consumer under the C. P. Act, 1986?
- Whether the petitioner has any cause of action to file the case?
- Whether the petitioner is barred by law of limitation?
- Whether the complainant is entitled to get any relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 6.
The instant complaint is for reconnection and compensation.
The complainant’s main case is that the complainant’s service connection No. is 3620185 and meter No. was G 1034981 which being found defective OP installed a new Meter No. G 1399044 and the complainant has no outstanding dues against the instant connection but suddenly in the month of February,15 claiming huge outstanding dues disconnected the electric connection. In spite of several request even in writing not reconnected and ultimately refused. Hence, the instant complaint.
On the other hand the OP’s case is that in the same premises there was another service connection bearing Consumer I.D. No. 313023715 and Meter No. P 1377045 in the name of Mortuj Sk , father of the complainant having outstanding dues of Rs.22092.71 and without clearing the said dues and suppressing the same the complainant has illegally obtained the present service connection in his name and the OP has disconnected the same when they came to know the same. The complainant will get reconnection only after payment of the dues. The OP has no deficiency in service.
To prove the case the complainant has adduced his evidence on affidavit along with the relevant document in support of his case showing bills and receipts that there was no outstanding dues in respect of I.D.300487697 in the name of the complainant.
On the other hand the OP has filed Xerox copies of three letters and one letter written by Kamiruddhin Sk the brother of the complainant to OP it case as to outstanding dues of Rs.22,092.71 in respect of meter in the name of father of the complainant in the same premises and as per rules no connection can be affected in the same premises having outstanding dues.
Out of three letters written by the OP two letters dt. 30.3.15 and 01.12.14 were written to the complainant for reply as to reason of disconnection along with direction to clear up the outstanding dues and to submit the missing meter No. 1377045 and another letter dt. 1.12.14 is prior notice for disconnection without producing any acknowledgment receipt of the complainant.
Another letter dt. 08.05.15 was written by OP to the O.C, Samserganj P.s after a long period of detection of theft of meter No. P-1377045 as per letter dt. 1.12.14.
From the yellow card filed by the complainant in respect of Meter No. G 1399044 it appears that the said meter was installed on 20.2.2014 replacing the earlier meter No. G-1034981 being found defective.
From the bills and receipts issued by OP filed by the complainant it appears that previous reading was on 10.10.2013 in respect of meter No. G-1034981 of Consumer I.D. No. 300487697 in the name of the complainant.
Specific date of installation of the above meter No. G-1034981 in the name of the complainant in the given address is not available at this stage before this Forum.
The OP’s case is that suppressing the existence of electric connection in the name of the father of the complainant the present connection in the name of the complainant has been installed and as per provision the complainant is to clear up the outstanding dues of that connection.
In this regard the Ld. Lawyer for the complainant has advanced argument that it is the duty of the OP to enquire the sport before installation and also argued that the OP has not adduced any evidence that the premises of both the meters are same.
No bill in respect of consumer I.D. No. 313033715 and meter No. P 1377045 of the father of the complainant showing date of reading for the period with the amount charged including outstanding dues have come before this Forum.
The date of stop payment and taking reading of that meter have not come before this Forum.
From the letter dt. 8.5.15 addressed to O.C. Samserganj P.S. intimating that a letter was issued to Kamiruddin Sk, S/O Martuj Sk regarding outstanding amount of rs.22092.71 in the name of Martuj Ali alias Mortuj Sk (father of Martuja Sk) having Consumer I.D. 313033715 and meter No P 1377045 which was not in place and no positive response came from Kamiruddin Sk and service connection of Consumer I.D. No. 300430155 and Meter No. P-2246418 was disconnected.
About this disconnection Kamiruddin Sk wrote letter to OP for enquiry and relief and the said letter has been filed by the OP.
Though the complainant is admittedly son of Mortuj Sk but the documents filed by the OP are not relating to disconnection of the complainant’s connection.
The consumer I.D. of the complainant and its meter Nos. both earlier and current after replacement of the earlier defective meter are different from that of the documents filed by the OP.
Further, the OP has not filed any document showing that the premise where complainant’s connection is concerned is same with the premises of the alleged connection of his father.
Admittedly, there are no dues of the complainant.
Also, regarding alleged theft of meter No. P-1377045 of father of the complainant no police case was started and any enquiry report has come before this Forum showing existence of both connections in the same premises.
Considering the above discussions as a whole this case being of Civil nature the principle of preponderance of probability will apply and for that in this particular case the strong presumption will go in favour of the complainant and for that the complainant is entitled to get relief as prayed for.
On the basis of above discussions all the points are disposed of in favour of the complainant in part and as such the complainant will get reconnection of his meter. There will be no order as to cost.
Hence,
Ordered
that the Consumer Complaint No. 03/2016 be and the same is hereby allowed on contest in part and as such the complainant will get reconnection of his meter.
The Opposite Party is directed to restore the electric line of the complainant within 30 days from the date of receipt of this order, failing which the OP is to pay fine @Rs.50 per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
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.
Member Member President.
