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

             CASE No.  CC/218/2017.

 Date of Filing:                    Date of Admission:                Date ofDisposal:

     20.12.17                          02.01.18                              11.09.19

Complainant: Mnnoranjan  Mondal

S/o Late Felu Mondal

Vill-Kashinagar, PO-Beniyagram,

PS- Farakka, Dist-Murshidabad,

Pin-742212

-Vs-

Opposite Party:1. The Station Manager,

WBSEDCL, Farakka Customer Care Centre,

PO&PS- Farakka

Dist-Murshidabad,

Pin-742212

   2. The Divisional Manager,

                   WBSEDCL, Raghunathganj Division,

Vill. Umarpur, P.O. ghorshala,

P.S. Raghunathganj,

Dist-Murshidabad,

Pin-742235

Agent/Advocate for the Complainant                      : Sri. Partha Sarathi Ghosh

Agent/Advocate for the Opposite Party No.1. : Sri. Siddhartha Sankar Dhar.

    Present:   Sri Asish  Kumar Senapati………………….......President.                             

                    Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

    Asish Kumar Senapati, Presiding Member.

                    One Monoranjan  Mondal (here in after referred to as the Complainant) filed the case against the Station Manager, Farakka CCC, WBSEDCL and another(here in after referred to as the OPs) praying for compensation alleging deficiency in service.

   The sum and substance of the complaint case is as follows:-

                    The Complainant is a customer of the OP for his domestic connection vide consumer ID No.3132/6291 and he used to pay electricity bill as per consumptionat an average rate of Rs. 640/- to 976/- per month.  On 28.07.17 the O.P. along with his men visited the premises of the complainant and alleged that the complainant used electricity by hooking  but they did not find any wrong or hooking. Inspite of that the Ops disconnected the electricity without any reason. The complainant visited the office of the OPs but they disclosed that  they would not reconnect the electricity if the complainant did not pay Rs. 83,066/-. The complainant requested the O.P. No.1 in writing on 05.08.17  for reconsideration of the bill amount but of no result. Hence, the Complainant has filed the case praying for a direction upon the OP for reconnection of his electricity and to rectify the bill.

                    The OP  No.1 contested the case by filing written version on 27.03.18 contending that the Complainant is not a consumer and this Forum has no jurisdiction to entertain the case.

                    It is the specific case of the OP No. 1 that the consumer ID No 3132766291 stands in the name of the complainant and during inspection by the officials of the OPs it was found that the complainant dishonestly enjoyed the electricity through direct hooking . Thereafter the authority disconnected the electricity and material was seized.  Accordingly an FIR was lodged on 28.07.17 vide FIR No. 282 of 2017 at Farakka P.S. against the complainant. Thereafter, a provisional  bill of Rs.83,066/- was issued in favour of  the Complainant. On 07.09.17, another FIR was lodged against the Complainant by the Divisional Engineer, After hearing on 13.0817 a final assessment bill was generated  and was served upon the Complainant. There is no deficiency in service on the part of the OPs and the Complainant is not entitled to  get any relief in this case. Hence, the complaint is liable to be dismissed. 

 The O.P. No.2 did not contest the case in spite of service of notice.                    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. Have the OPs 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 she hired services of the OPs for consideration.

The Ld. Advocates for the OP No.1 submits that the Complainant is not a consumer. 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 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.

The Ld. Advocates for the OP No.1 submits that this Forum has no jurisdiction to entertain the complaint.

 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.

Point Nos.3&4

          The Ld. Advocate for the Complainant submits that the OP lodged false FIR against the Complainant and the Complainant is entitled to get reconnection of his electricity connection.         

     In reply, the Ld. Advocate for the OP submits that an FIRs was lodged against the Complainant for theft of electricity vide FIR No.282 of 2017 dated 28.07.17 at Farakka P.S. and the complainant has not paid the final bill as per assessment. It is contended that this is a  case of non-payment of pilferage bill and this Forum has no jurisdiction to entertain any claim raised by a customer who is guilty of non-payment of pilferage bills. He prays for dismissal of the complaint.

          We have gone through the written complaint, written version, evidence of the Complainant. Admittedly, the Complainant had an electricity connection vide consumer ID No. 313276291 and it is clear from the written version of the OP that one FIR was lodged against the Complainant for pilferage of energy. We find that the connection was disconnected due to theft of electricity. We find no reason to believe that there is any deficiency in service on the part of the OPs. Hence, the Complainant is not entitled to get any relief in this case.

Reasons for delay

The Case was filed on 20.12.17 and admitted on 02.01.18. 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 fails.

Hence it is

                                    ORDERED

that the complaint case No. CC/218/2017 be and the same is hereby dismissed on contest against the OP No.1 without cost and dismissed ex-parte against the OP No.2 without cost.

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.