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

CASE No.  CC/90/2020.

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

   18.09.20                                   10.03.21                                 04.04.24

Complainant: Md. Alfajuddin

S/O Late Kalimuddin, Vill-Antardurpa,

PS-Bhasaipaikul, PS-Samserganj, Pin-742202

-Vs-

Opposite Party:  Station Manager, WBSEDCL, Dhuliyan

PO-Dhuliyan, PS-Samserganj, Pin-742202

Agent/Advocate for the Complainant             : Prabir Banerjee

Agent/Advocate for the Opposite Party                     : None.

Present:    Sri Ajay Kumar Das………………………….......President.     

         Sri. Nityananda Roy……………………………….Member.

FINAL ORDER

Sri.ajay kumar das, presiding member.

This is a complaint under section 12 of the CP Act, 1986.

            One Md. Alfajuddin (herein after referred to as the Complainant) filed the case against Station Manager, WBSEDCL (here in after referred to as the OP) praying for compensation alleging deficiency in service.

The material facts giving rise to file the complaint are that:-

                 The Complainant is a bonafide consumer of Industrial meter having consumer ID No. 313032883. The Complainant is a small business man and runs his business by paying electric bill regularly as per bill sent by the OP and the Complainant has no other source of income except this business of husking mill and his family members are depending on this business.

                 All on a sudden on 05.09.12 the OP made a false complaint against the Complainant reason best known to him and lodged FIR bearing No. 198 of 2012 dt. 05.09.12 before the Samserganj PS for tampering meter and on the basis of such complaint Samserganj PS had started proceeding against the Complainant and OP had disconnected the electric connection of the Complainant on that date. After investigation trial proceeding had been initiated against the Complainant before the ADJ (Spl. Court (EC) Murshidabad at Berhampore being I.E. 111/2012 and after taking evidence the Id.Spl.court (E.C.) Murshidabad had been pleased to acquit the Complainant U/s, 235(1) cr.p.c. on 25.04.17.

                 The Complainant had only the business of husking mill from which he had to maintain his family but due to disconnection of the electric connection of husking mill of the Complainant causing serious economic pressure and due to such false allegation and implication the Complainant falls in a great financial loss and he is suffering from mental pain and agony and also losses social prestige and dignity and due to such false allegation the Complainant is also suffering from acute cardiac disorder.

                 After acquittal from the false allegation the Complainant went to the office of OP on several occasions and prayed for restoration of his industrial electric connection but the OP made a dilatory practice and ultimately paid no heed to that effect.

                 The Complainant finding no other alternatives filed this instant case praying for directing the OP to pay Rs. 4,00,000/- as compensation and mental pain and agony and also prays for re-connection of service connection.

                 The point to be noted is that notice was served upon the OP. But the OP has not turned up and has not filed W/V. Such being the position the case record is taken up for ex-parte hearing.

                 The Complainant filed evidence on 05.02.24. Argument heard ex-parte today i.e. on 04.04.24.

                 Ld. Advocate for the Complainant submits that all on a sudden on 05.09.12 the OP made a false complaint against the Complainant and lodged FIR bearing No. 198 of 2012 dt. 05.09.12 before the Samserganj PS for tampering meter and on the basis of such complaint Samserganj PS had started proceeding against the  Complainant and the OP had disconnected the electric connection of Complainant on that date. After investigation trial proceeding had been initiated against the Complainant before the ADJ (Spl. Court (EC) Murshidabad at Berhampore being I.E. 111/2012 and after taking evidence the Ld. Special Court (E.C.) Murshidabad had been pleased to acquitted the Complainant U/s. 235(1) Cr. P.C. on 25.04.17.

                 But it is a matter of regret the Complainant has not filed any documentary evidence to establish the aforesaid fact.

                 Ld. Advocate for the Complainant further submits that though the electric connection of the Complainant was for industrial purpose but the Complainant was running the husking machine with the help of electric connection for the purpose of earning his livelihood, by means of self employment and as such the Complainant is a consumer.

                 The Complainant filed the instant complaint case on 18.09.20.

                 Explanation (a) to section 2(7) of the Consumer Protection Act, 2019 says that the expression ‘’commercial purpose’’ does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.

                 Here the expression is totally silent regarding the hiring of service.

                 In view of the matters discussed above we are of the view that the instant case is liable to be dismissed ex-parte.

                 In the result, the Consumer case fails.    

     Fees paid are correct. Hence, it is

                                                             Ordered

that the complaint Case No. CC/90/2020 be and the same is  dismissed ex-parte against the OP.

        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.