IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

             CASE No.  CC/35/2016.

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

     08.03.16                                   18.03.16                                     02.09.19

Complainant: Sri  Satya Narayan Rakshit

                        S/o Late Tarak Brahma Rakshit

                        Vill-Krishnapur, PO-Diara,

                        PS-Sagardighi, Dist-Murshidabad

                        Pin-742226

-Vs-

Opposite Party: Station Manager, Customer Care Unit,

 Sagardighi, WBSEDCL

                        PO&PS-Sagardighi, Dist-Murshidabad,

                         Pin-742226

Agent/Advocate for the Complainant            : Sri. Surojit Banerjee.

Agent/Advocate for the Opposite Party         : Sri. Siddhartha Sankar Dhar.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

                                          Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

  Asish Kumar Senapati, Presiding Member.

            One Satya Narayan Rakshit (here in after referred to as the Complainant) filed the case against Station Manager, WBSEDCL, Sagardighi CCC (here in after referred to as the OP) praying for compensation alleging deficiency in service.

   The sum and substance of the complaint case is as follows:-

            The Complainant had a STW connection for running his Submersible Pump for the purpose of cultivation of his own land and he had been paying electricity charges as per bills and  his average monthly consumption was 750-800 units during summer season and far less than such units during rainy season. The electricity  was disconnected in June,2014 while there was no outstanding. The Complainant with his utter surprise received the bill dated 21.12.15 demanding a sum of Rs.1,25,992/- as outstanding for the months of April’11, July’13, August’13, Oct’14, June’14, August’14 to August’15 . There was no connection during the period from June’14 to August’15 while the connection was disconnected and no power was supplied. The bill dated 21.12.15 is baseless. The Complainant has prayed for restoration of his electric connection with a direction for  cancellation of bill dated 21.12.15 and payment of compensation of Rs.50,000/- and cost of Rs.10,000/- for harassment and mental pain and agony.

            The OP contested the case by filing written version on 02.03.17 inter alia denying the allegations in the complainant, contending that the case is not maintainable and the Complainant is not a consumer. He has no cause of action to file the case.

                                                It is the specific case of the Complainant that the Complainant was a STW consumer having consumer ID No. 313321224 and a connection was given in 2011. The Complainant was a habitual defaulter and he OP is entitled to get Rs.1,29,448.44/- as outstanding dues and the OP will reconnect the service connection on receipt of payment of outstanding dues and the OP has no deficiency in service. The OP has prayed for dismissal of the complaint.

            On the basis of the above version the following points are framed for proper adjudication of the case :

Points for consideration

1. Isthe Complainant a consumer under the provision of the CP Act, 1986?

2. Has this Forum jurisdiction to entertain the complaint?

3. Has the OP any deficiency in service, as alleged?

4. Is the Complainant entitled to get any relief, as prayed for?

Point no.1

The Ld. Advocate for the Complainant submits that the Complainant is a consumer as he hired services of the OP for consideration.

The Ld. Advocate for the O.P. has not argued on this point.

On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.

Point No.2

The Ld. Advocate for the Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.

On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.

Point Nos.3&4

            The Ld. Advocate for the Complainant submits that the Complainant was regular in payment of electricity charges as per consumption and the OP disconnected the electricity in June’14. He contends that the bill dated 21.12.15 is baseless and the OP cannot claim on the basis of the bill dated 21.12.15. He prays for cancellation of the bill dated 21.12.15 and payment of compensation.

            In reply, the Ld. Advocate for the OP submits that the Complainant is a defaulter in payment of electricity dues and the bill dated 21.12.15 was  raised on the basis of meter reading dated 01.12.15.

            It is contended the meter has been disconnected subsequently in non-payment of electric bills. He further argues that the Complainant has failed to produce any payment receipt for the months, April’11, July’13, August’13, Oct’14, June’14, August’14 to August’15. He contends that the OP will restore the electricity on receipt of outstanding dues amounting Rs.1,29,438.44/- and reconnection charge.

            Perused the xerox copies of documents filed by the Complainant.

            We have gone through the written complaint, written version, evidence filed by the Complainant.

            On a careful consideration, we find that it is not the allegation of the Complainant that the bill dated 21.12.15 is not in accordance with actual meter reading. The Complainant has not filed any bill and receipt in connection with payment of electricity charges for the months of April’11, July’13, August’13, Oct’14, June’14, August’14 to August’15.

            On a careful consideration, we find that the OP has not filed any documents stating the date of disconnection  of electricity and service of notice for disconnection upon the Complainant.

            Therefore, we find that the OP has deficiency in service. At the same time, the Complainant has neglected to pay the outstanding dues and the OP is entitled to receive the outstanding dues amounting Rs.1,29,438.44/- as claimed by the OP.

            On a careful consideration, we think that the Complainant may be directed to pay the outstanding dues by 12 equal monthly installments.

The OP may be directed to issue a fresh bill as on this day intimating the outstanding dues to the Complainant by thirty days from the date of this order and the Complainant may be directed to liquidate the outstanding dues by 12 monthly installments payable by last day of each month and  the first of monthly installments will start from Sep’19 payable by last day of that month and the rest installments shall fall due in succeeding month payable by last day of the month till liquidation.

 The  OP may be directed to restore the electricity of the Complainant on receipt of first installment from the Complainant and failure to pay any installment  by the Complainant, the OP shall be at liberty to disconnect the electricity of the Complainant after observing necessary formalities and the Complainant will not be able to get the benefit of this order in case of failure to deposit any monthly installments till liquidation of the entire outstanding dues.

The Complainant shall also be directed to pay the monthly bills on regular basis as per bills to be raised by the OP after reconnection. 

Reasons for delay

The Case was filed on 08.03.16 and admitted on 18.03.16 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

Fees paid are correct.

In the result, the Complaint Case succeeds. Hence, it is

                                    ORDERED

that the complaint Case No. CC/35/2016 be and the same is hereby allowed on the contest against the OP.

The Complainant is directed to pay the outstanding dues by 12 equal monthly installments as per bill to be raised by the OP.

The OP is directed to issue a fresh bill as on this day intimating the outstanding dues to the Complainant by thirty days from the date of this order and the Complainant is directed to liquidate the outstanding dues by 12 monthly installments payable and  the first of monthly installments will start from October’19 payable by last day of that month and the rest installments shall fall due in succeeding month payable by last day of the month till liquidation. The OP is also directed to restore the electricity of the Complainant on receipt of first installment from the Complainant and failure to pay any installments by the Complainant, the OP shall be at liberty to disconnect the electricity of the Complainant and the Complainant will not be able to get the benefit of this order in case of failure to deposit any monthly installments till liquidation of the entire outstanding dues.

The Complainant is further directed to pay the monthly bills on regular basis as per bills to be raised by the OP after reconnection. 

          Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

President

  Member                                                                                                   President.