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

             CASE No.  CC/71/2018.

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

     24.04.18                                      03.05.18                                  02.09.19

Complainant: Gour Chandra Ghosh

                   Late Akshay Kumar Ghosh his son

                   188, M.N.K. Road, PO-Khagra,

PS-Berhampore,

Dist-Murshidabad,

                   Pin-742103

-Vs-

Opposite Party: Station Manager, WBSEDCL,

 Cossimbazar Sector Office,

Dayanagar

PO-Khagra, PS-Berhampore,

Dist-Murshidabad

 Pin-742103

Agent/Advocate for the Complainant          : Sri. Prabir Kr. 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 Gour Chandra Ghosh (here in after referred to as the Complainant) filed the case against Station Manager, WBSEDCL, Cossimbazar Sector Office (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 is the beneficiary and son of Akshay Kumar Ghosh, since deceased who was a consumer of electricity having service connection No. 154280/12760. The Complainant used to pay electricity charges as per the bill. The OP sent a bill dated 22.11.08 for the months of November’08 to January’09 for a sum of Rs.64,988/- showing consumption of 4690 units for the period from 30.07.08-30.10.08. The bill is baseless. The Complainant raised objection against such bill and the OP put a master meter for 6-7 days which proves that the consumption as shown in the disputed meter was baseless.

          The OP has deficiency in service. Hence, the Complainant has prayed for a direction upon the OP for cancellation of the bill dated 22.11.08.

          The OP contested the case by filing written version on 10.07.18 inter alia denying the allegations made out in the complaint, contending that the Complainant filed a case being No. 10 of 2009 regarding the self-same dispute and the case was dismissed. On receiving the objection by the Complainant, the OP installed a master meter and after taking the reading of the regular meter and master meter, it is found that the meter of the Complainant is in order. The notice was issued to pay the due bills dated 09.10.15 and reminder notice was served on 30.10.17,but the Complainant was reluctant to pay the bills.   On 28.03.18 a team of the OP went to the spot for disconnection of  electricity but it was not disconnected as per request of the Complainant. The OP is entitled to get the outstanding amount and LPSC charges and there is no deficiency in service on the part of the OP.

          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 is the beneficiary of of Akshoy Ghosh, since deceased  who 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 bill dated 22.11.08 is baseless and the OP may be directed to cancel the bill. He submits that the Complainant is ready and willing to pay the outstanding bills, if any by monthly installments.

          In reply, the Ld. Advocate for the OP submits that the Complainant is a defaulter in payment of electricity charges. He files a xerox copy of report of master reading check from which it appears that the consumption units in original meter and master meter during the period from 01.11.08 to 03.11.08 were 8 units. He submits that the OP is entitled to get the outstanding dues and LPSC charges from the Complainant.

          We have gone through the written complaint, Written version, evidence of the Complainant and documents filed by the Complainant and master meter check report (Annexure-B) filed by the OP.

          On a careful consideration, we find that the OP has raised the bill dated 22.11.08 as per meter reading and the Complainant is willing to repay the bills by installments.

          We think that the Complainant may be directed to repay the outstanding bills with LPSC by 12 equal monthly installments and first of such installments shall be payable by Sep’19.

Reasons for delay

The Case was filed on 24.04.18 and admitted on 03.05.18 . 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/71/2018 be and the same is hereby allowed on contest against the OP.

          The Complainant is directed to repay the outstanding bills with LPSC by 12 equal monthly installments and first of such installments shall be payable by October,2019 and rest installments are payable by last day of each succeeding months till liquidation.

 The OP is directed to issue a fresh up to date bill with LPSC by 30 days from the date of this order  and he is at liberty to take appropriate steps for disconnection of electricity in case of failure to pay any installment.

          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.