West Bengal

Paschim Midnapore

CC/105/2016

Abul Hossain Mondal - Complainant(s)

Versus

Station Manager, W.B.S.E.D.C.L. - Opp.Party(s)

19 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Pulak Kumar Singha

and

Sagarika Sarkar, Member

   

Complaint Case No.105/2016

 

Abul Hossain Mondal, S/o-Abdul Rahim Mondal,

Vill-Kharkushma, P.O.-Amlagora,

P.S.-Garhbeta, Dist-Paschim Medinipur.….………Complainant

Versus

1. Station Manager, Amlagora, C.C.C., W.B.S.E.D.C.L., Dist-Paschim Medinipur, Pin-721121
2. Zonal Manager, W.B.S.E.D.C.L,   Midnapore Town,

      P.S.-Kotwali, P.O. Midnapore, Dist- Paschim Medinipur,

      Pin-721101……………….Ops.

 

For the Complainant:  Mr.                         , Advocate.

For the O.P.             :  Mr. Swapan Kumar Bhattacharya,5 Advocate.                     

                                                                    Decided on: - 19/07/2017                             

                               

ORDER

                         Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant Abul Hossain Mondal alleging deficiency in service on the part of the above mentioned O.Ps.

Contd………..P/2

                                                                                     

                                           

                                       ( 2 )

                   Case of the complainant, in brief, is that the complainant is consumer under WBSEDCL, Amlagora CCC in respect of an electricity connection having consumer I.D. no.2130-32162 meter no.ST-212611, which he has been enjoying since long. It is further stated by the complainant that the meter in respect of the said service connection started malfunctioning and showed erroneous figure in respect of consumed units of energy and in this way it showed that total consumed unit were 15673 as in May 2016. The  complainant issued a complaint letter dated 28/05/2016  in respect of the consumed unit which  was duly received by the Goods Office of Amlagora C.C.C.  It is further stated by the complainant that even after receiving the said letter the S.M. & D.E. of Amlagora C.C.C. did not enquires about the matter but sent two bills dated 05/05/2016 and  07/06/2016 for  amount of Rs.1,37,000/- & Rs.1,40,104/- respectively for the months of May’16  & June’16 in respect of which the complainant served lawyer’s notice on 31/05/2016 , 20/06/2016 & 04/07/2016 under the RTI Act 2005  seeking information of the outstanding dues till  that day. It is further stated by the complainant that on  25/07/2016 the  complainant received the reply of D.E. & S.M. of Amlagora CCC  wherein it was stated that the outstanding amount was Rs.1,69,052/- and subsequently on 09/07/2016 another bill  for the month of July, 2016 was received where the outstanding amount was shown as Rs.1,43,432/- although  no meter reading or any  physical inspection was made in between the passage of time. It is further stated by the complainant that he had paid Rs.12,810/- on 01/03/2016 towards amount of installment after having consulted with the D.E. & S.M. of Amlagora C.C.C., and the rest of the amount was decided to be paid on 01/04/2016 and 02/05/2016 but in between these stipulated period the complainant received another  electricity where in it was stated non-payment of which the electricity connection would be disconnected by the D.E. & S.M. of Amlagora C.C.C. The complainant specifically stated that in spite of request for settle up the disputed bills the D.E. & S.M. of Amlagora C.C.C.  did not take any step to that which compelled the complainant to file this instant case. Accordingly the complainant has prayed for direction up on the O.Ps. to pass necessary order of show cause notice to the O.P., to  pass necessary order or interim order for not to disconnect the energy meter, to pay compensation against S.M. & D.E. of Amlagora C.C.C.

           The O.Ps. have contested the case denying and disputing on material allegation as level  against them stating interalia that the complainant  is an industrial consumer under O.P. no.1  vide I.D. No.213032162 with meter no.ST212611 and  is a habitual defaulter

Contd………..P/3

                                             

                                             

                                           ( 3 )

 to pay the amount of energy bill even after the O.P.  intimated the complainant of the bill dated 12/04/2016  being Doc. No.468000407064. After receiving the bill the complainant filed this instant case. It is further stated that as per electricity act being a  defaulter consumer the O.P. has every right to  disconnect the electric line and as huge amount of electric bill is also from the  complainant the O.P. forcefully stopped public servants u/s 21 I.P.C. to disconnect power supply. It is further stated by the O.P. that  after having discussion with the complainant it was decided by the parties that the outstanding amount would be paid  by installments but even being agreeable to that proposal the complainant had paid only one  installment on 01/03/2016 and thereafter kept mum over the matter. The O.P. has prayed for dismissal of the petition of complaint with cost.

           The complainant deposed on dock as PW-1. During his evidence few documents are marked as exhibit-1 series.

           O.P. also deposed on dock as OPW-1 and during his evidence few documents are marked as exhibit A to I respectively.                

 

Points for determination.

1. Whether the complainant is a Consumer under the provision of section 2(1)(d) of C.P. Act 1986 ?
2. Whether the O.Ps. are negligent in providing service ?
3. Whether the complainant is entitled to get relief as prayed for?    

Decisions with reasons.

             Point No.1.

It is stated by the complainant in the petition of complaint that he has been enjoying the service in respect of electricity vide service connection being meter no.ST-212611 and I.D. No.213032162.

It is stated b y the O.P. in the written statement that the consumer I.D. no.213032162 and meter no.ST-212611 within the category of industrial connection. The complainant, which depositing on dock, has admitted that he runs an ice  factory by dint of the service connection in question.  Therefore it is admitted that the complainant has been enjoying the said service connection for commercial purpose. Hence the complainant can not be  considered as a consumer as per provision  u/s 2 (1)(d) of the C.P. Act, 1986.  

 Point no.1is decided accordingly.

Contd………..P/4

                                             

                                                                                  

 

                                        ( 4 )

               Point Nos.2 & 3.

Since the complainant has not been considered as a consumer as per provision u/s 2(1)(d) of the C.P. Act, 1986 there is no scope to enter into the merit of the case and thus to discuss the instant points.

In the result, the petition of complaint case does not succeed.

                            Hence, it is,

                                                           ORDERED

                                                           that consumer complaint case being no.105/2016 is dismissed on contest being not maintainable.       

        Let plain copy of this order be given to the parties free of cost.

                Dictated and Corrected by me

                           Sd/- S. Sarkar                        Sd/- P.K. Singha                               Sd/-B. Pramanik. 

                                  Member                                Member                                            President

                                                                                                                                      District Forum

                                                                                                                                  Paschim Medinipur