Date of Filing:  01.08.2013                                        Date of Final Order: 14.02.2014

       The Case of the Complainant Shri  Bimal Roy is that he is a Consumer ID No.- 400468938 having service connection No. 400468938 Meter No. RB 542977 Tariff class: A (DM-LL) has been billed exorbitantly in respect of Meter reading and actual consumption, without taking Meter reading by the W.B.S.E.D.C.L. i.e. Opposite Party No. 1, Station Manager W.B.S.E.D.C.L. Khagrabari, Dist. Cooch Behar, Khagrabari Gr /E supply. He has also made O.P. No. (2) D.E., W.B.S.E.D.C.L. jalpaiguri and (3) Assistant Engineer  W.B.S.E.D.C.L. Gr/E supply service, Cooch Behar as Opposite Parties. The Bill of dated 15.03.2013 previous reading 0.00 present reading 21 unit Consumption 21 unit bill Rs. 412/- which he paid in 25.03.2013, the next bill from June to August outstanding shown Rs. 0.05 from May 2013 where as he got another bill wherein previous reading 21 units as on 18.02.2013,  present reading 1116 units as on 01.06.2013, period June to August, 2013, a bill of Rs. 2519/- has been sent to him.

       He had been to the billing office for such additional abnormal bill but he was asked to deposit the amount. He also had been to the Consumer affairs and fair business practice at  Cooch Behar but to no good. Thereafter on 04.07.2013 he lodged a complaint to A.E. and S.M. Khagrabari CCC, Cooch Behar vide receipt No. 698 dated 04.07.2013. He is a B.P.L. Card holder. He requested to inspect  his electric meter but nothing was done on 15.07.2013 he requested for rectification of the said bill but the office directed  him to deposit the amount in default they would disconnect the electric connection for which he has appeared before this Forum for redress enclosing Xerox copy of bills from March to May, 2013, and June to August, 2013 besides copy of his referred letter reflecting demand of Rs.2519/- for June to August,2013.

       He  prayed for inspection of his meter by W.B.S.E.D.C.L. and rectification of the bills as he has suffered enormous mental, physical and financial loss with agony.

       He claimed Rs. 30,000/- for mental harassment, Rs. 25,000/- for financial loss and Rs. 2000/- as litigation cost. He has filed the petition on affidavit appointing Shri Shirsendu Kr. Roy Basunia Ld. Advocate as his agent with a prayer to condone the payment of I.P.O. as being a BPL ration card Holder. He has annexed two Xerox copy of bills, his letter dated 04.07.2013, meter card and ration card under a Firisti with a request to mark of those as exhibits.

       On the basis of the Complaint, DF Case No. 82/2013 was registered on 01.08.2013 and after hearing the agent of the Complainant 23.08.2013 was fixed for S/R and appearance. On that date the Complainant was present personally. The Opposite Party No. 1 i.e. Station Manager, W.B.S.E.D.C.L. entered appearance through Ld. Advocate Mr. Dhrubojyoti  Karmakar who filed a petition to file W/V, Opposite Party No. 2 i.e. D.E., W.B.S.E.D.C.L., Jalpaiguri in spite of receiving notice did not appear. No S/R is received by Opposite Party No. 3 i.e. A.E., W.B.S.E.D.C.L, Cooch Behar. 17.09.2013 was fixed for filing W/V and appearance. On that date the Complainant was present. For the Opposite Party No. 1 another petition was filed praying for time to file W/V. In view of the fact and circumstances and materials on record that the Opposite Party No. 1 issued the appointment letter of the Agent Ld. Advocate Dhrubojyoti Karmakar under his seal and signature and the Opposite Party No. 3 Assistant Engineer is under his control through the Ld. Advocate / Agent has not filed petition in respect of Opposite Party No 2 and 3 their case was taken up in ex parte with direction to Opposite Party No. 1 to file W/V on 07.10.2013 as a must but on that date the Complainant/ his Agent was absent without steps. The Ld. Advocate for the Opposite Party No. 1 filed a petition with some documents contending that the dispute have already been settled. But there was no endorsement on it by and/ or of the Agent of the Complainant and hence 31.10.2013 for appearance of the complainant and also for reporting in respect of the matter and for further order.

     That, on 31.10.2013 neither the Complainant nor his Agent appeared and no step was also taken. None responded on repeated calls for the Complainant. At this juncture the Ld. Advocate for the Opposite Party No.1 has filed his hazira and a petition at addressed to the S.M., W.B.S.E.D.C.L., Khagrabari CCC, vide receipt No. 1219 date 23.09.2013 of Khagrabari Gr/E supply.

       On perusal of the petition it appears that the petition does not contain any date but one LTI appears to be of Shri Bimal Roy reflecting that the letter of dispute in respect of the bills has been solved in consultation with the staffs of the W.B.S.E.D.C.L. whereas he has alleged that before such amicable settlement one stranger got his signature on a white paper and on being induced by that stranger he filed this Complaint before the Forum.

       At this juncture we considered it expedient to call the complainant to verify the authenticity of the aforesaid letter and fixed 19.12.2013 for appearance of the parties and Final Order as before the Forum on 31.10.2013 one Shri Utpal Roy suo motto raised his volume alleging against the W.B.S.E.D.C.L., Khagrabari in challenging mood and raised protest against such a person in the name of the stranger and also alleged that this letter was got written by the W.B.S.E.D.C.L., authority at their sweat will and got the LTI of someone. May whatever it be this gentleman Mr. Utpal Roy used to appear before this Forum almost as Agent everyday of his father’s case pending before this Forum.

       On 28.01.2014 though the Ld. Advocate for the Opposite Party No. 1 insisted by appearing but without any step for Final Order in terms of his filed document i.e. settling up of the dispute in between the consumer and the Opposite Party we when asked him for clarifying the additional matter alleged in the letter, besides the so called settlement which does not reflect any note that it has been accepted by the Opposite Party W.B.S.E.D.C.L. So more, filing a petition by the Consumer before the Opposite Party it does not appear appreciation of the same as amicable settlement/ solenama in terms of the law and rules to which the Ld. Advocate submits that in such cases henceforth the W.B.S.E.D.C.L. would not take effort to settle such disputes amicably.

       May whatever it be, the case is being dragged for a long time and neither the complainant nor his appointed Agent has not appeared before this Forum and/or taken any step. Thus we are inclined to dismiss the complaint without cost to avoid any further unnecessary complication.

ORDER

       Therefore it is ordered that the case be and the same is dismissed for non prosecution/ default without any cost. Let  a plain copy of this Order be sent to Complainant and the Opposite Party No. 1 by hand/ registered post with A/D forthwith.

Directed and Corrected by me

                   President,                                                           President

    District Consumer Disputes                                District Consume Disputes                       

Redressal Forum., Cooch Behar                         Redressal   Forum., Cooch Behar.       

                    Member,                                                                Member,                                                             

    District Consumer Disputes                                 District Consume Disputes                      

Redressal Forum., Cooch Behar                         Redressal   Forum., Cooch Behar.