Date of Filing:  01.08.2013                                   Date of Final Order: 14.02.2014

       The Case of the Complainant Shri Haridas  Ray is that he is a Consumer ID No.- 400470295 having service connection No. 400470295,Installation No.3506048 Meter No. RB539744 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 (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 27 unit, Consumption 27 unit, bill of Rs. 412/- which he paid in 25.03.2013, the next bill from June,13 to August,13 outstanding shown Rs. 0.27 from May, 2013 where as he got another bill wherein previous reading as on 28.02.2013, 27 unit, present reading as on 01.06.2013, 895 units, and unit consumed 868 from  June to August 2013, a bill of Rs. 1698/- has been sent to him for payment in each month.

       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. 699 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 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.1698/ - 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 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 Complainant, DF Case No. 83/2013 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 is 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. That, on 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 though 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 day 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.

       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.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 Haridas  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 had filed this Complainant 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 voice alleging against the W.B.S.E.D.C.L., Khagrabari in challenging mood and raised protest against such  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 sweet will and got the LTI of someone. May whatever it be, this gentleman Mr. Utpal Roy used to appear before this Forum, almost on everyday in 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  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 Dispute

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