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

CASE No.CC/93/2015

 Date of Filing: 22.07.2015.                                                                          Date of Final Order: 31.08.2016.

Complainant :  Rina Saha, W/O Sukhendra Saha, Vill. Domkal, P.O. Domkal, P.S. Domkal,

                        Dist. Murshidabad. Pin 742303.

-Vs-

Opposite Party: Station Manager, WBSEDCL, Domkal Customer care Centre,

                        Vill.& P.O. &P.S. Domkal, Dist. Murshidabad. Pin 742303

                       Present:    Sri Anupam Bhattacharyya ………………. President.                              

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

Smt. Pranati Ali, Presiding Member.

The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986  for deducting the LPSC charges of Rs.2360 for the month of August, 2014 and Rs.1446/- for the month of November, 2014 to April, 2015 along with Rs.10,000/- as compensation for pain.

            The fact of the complaint’s case, in brief, is that the complaint Rina Saha is a bona fide consumer of the OP/Station Manager, Domkal CCC, WBSEDCL, for electric connection of her own Rice Mill, which she runs for her own livelihood. The complainant used to pay the bills regularly to the OP against the electric consumption. She paid the bill of Rs.3770/- for the month of December, 2011 by cheque of SBI on 07.12.11 after that she paid as usual and has no outstanding dues to the OP. But she got a letter from the OP that the cheque dt. 07.12.2011 amounting to Rs. 3770/- issued by the complainant has been dis-honoured, so the complainant has to pay the amount of Rs.3895/- (including interest Rs.125) to the OP and the complainant paid the bill on 12.08.2014. Thereafter, the complainant got another bill for the month of November, 2014 of Rs.5553/- with LPSC charge of Rs.2360/- for the month of August 2014 i.e Rs.7913. Then she applied for deducting the LPSC charges to the OP as because reason behind the dis-honoured the cheque is that the OP had delayed nearly 2 years 6 months to deposit the cheque to the Bank, which was informed by the Bank to the complainant. According to the complainant, it is a gross negligence/deficiency in service on the part of the OP, for which she will not pay the LPSC charge sheet, as because she paid the cheque in time on 07.12.2011. Without getting any response from the side of the OP, the complainant was compelled to file this case for proper redress.

            On the other hand, the OP appeared in this case by filing written version where he denied all the allegations raised by the complainant. The OP stated that the complainant paid the bill for the month of December, 2011 for the sum of Rs.3, 770/-through Cheque is true and the OP placed the said cheque to the Bank, but the cheque was dis-honoured. For that the OP sent the bill with LPSC charges. So, the OP has no deficiency in service and the complainant is liable to pay the amount.

            The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.

Decision with reasons.

            The complainant submitted some necessary documents in support of her case.

            Perused the record, we observed that the admitted fact is that the complainant paid the bill amount of Rs.3770/- by cheque on 07.12.2011, which was in time of that bill, which is evident by the receipt of cheque deposit submitted by the complainant. On the other hand, the OP informed the complainant through a letter dated 18.07.2014, that the said cheque dated 07.12.2011 which was deposited by the complaint to the OP as bill payment was dishonoured by the Bank. After receiving the letter, the complainant wrote to the Bank to know the reason behind this dishonoured cheque and the Bank gave a note that the said cheque was presented for payment on 08.07.2014 which was 2 years 6 months old than the date of the cheque for that Bank dis-honoured the cheque dated 07.12.2011 when there was sufficient balance in the account. The complaint has submitted this letter in support of her case and which is a clear evidence of negligence /deficiency in service on the part of the OP.

            In addition, the OP prepared a bill with that said cheque amount of Rs.3770/- with interest of Rs.125/- in total Rs. 3895/- which was paid by the complaint on 12.08.2014 and LPSC charges of Rs.2360/- to the complainant for that period, where as the OP was very much aware of the reason behind the delay of cheque deposition and or dishonor of cheque. It is another example of deficiency in service on the side of the OP.

            Record shows that the complainant used to pay the bills regularly without any dues and the said cheque’s deposition was also in time for that she did not agreed to pay the LPSC charges of Rs.2360/- which prepared and demanded by the OP. So, the complainant used to pay the later bills as usual, though the said LPSC was outstanding. In this regards, our view is that the in point of law the complainant is entitled to relief of the LPSC charges of Rs.2360/- of the said cheque payment.

            Regarding the deduction of other LPSC charges the amount of Rs.1446/- for the month of November, 2014 to April 2015 as prayed by the complainant is not related with that said disputed cheque. So, our opinion is that the complainant is not entitled to get relief of that amount.

            On the basis of above discussions and also consideration the documentary evidence on delay deposition of cheque by the OP we have no other  alternative but to conclude that the complainant is entitled to get the relief.

            Hence,

Ordered

that the Consumer Complaint No. 93/2015 be and the same is hereby allowed on contest with a litigation cost of Rs.5000/-.

            The OP is directed to deduct the said LPSC charges of Rs.2360/- from the total amount to be paid by the complainant and other outstanding shall be adjusted with current bills which the OP should be prepared and informed to the complaint within 20 days from the date of this order, failing which the OP has to pay Rs.50/- per day’s delay as fine and the amount 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