IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/125/2017.
Date of Filing: Date of Admission: Date of Disposal:
04.08.17 11.08.17 25.02.19
Complainant: Jagai Roy
S/o Late Phani Roy
Vill- Sungai, PO- Basudebkhali,
PS- Berhampore Town,
Pin- 742187
-Vs-
Opposite Party: Station Manager,
WBSEDCL, Goaljan CCC
Uttarpara More, PO- Radharghat,
PS- Berhampore,
Pin- 742187
Agent/Advocate for the Complainant : Sri. Sambarta Mukherjee
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.
This is a complaint under section 12 of the CP Act, 1986.
One Jagai Roy (here in after referred to as the Complainant) filed the case against the Station Manager, WBSEDCL, Goaljan CCC (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 a farmer who used to cultivate his land through two mini deep tuboells. The Complainant has one permanent electric service connection and one temporary electric service connection for running his mini deep tuboells and he has been paying electricity charges. The Complainant applied for temporary service connection in respect of service connection No. 301747299 and the OP demanded Rs.69,441/- as outstanding against service connection No. 313134268. The Complainant paid a sum of Rs.26,924 in respect of the said temporary service connection No. 313134268. The Complainant has prayed for a direction upon the OP not to disconnect the permanent service connection and to declare that there is no outstanding regarding the temporary service connection and to restore service of the Complainant. The Complainant also prayed for compensation of Rs.30,000/- for mental pain and agony and Rs.50,000/- for harassment.
The OP put his appearance and filed written version on 11.11.17, contending that the Complainant have two STW connection being Nos. 313134388 and 313134268. The petitioner was a habitual defaulter and the connection of Consumer ID No 313134268 was disconnected on 01.04.10 and the petitioner paid a sum of Rs. 26,924/- but outstanding dues became Rs.69,441/-. The OP prayed for rejection of the complaint against petitioner.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged ?
- 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 hired the services of the OP. The Ld. Advocate for the OP has not submitted anything on this point.
On perusal of the complaint, written version and the documents on record, we find that the Complainant is a consumer as he hired the services of the OP for consideration.
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 Complainant is willing to repay the total amount of Rs.69,414/- by installments in terms of the notice for discussion dated 03.01.17. It is urged that the Complainant is willing to pay Rs.21,414/- within a period of seven days and he will pay the rest amount of Rs.48,000/- by three bi-monthly instalments. It is urged that the Complainant will suffer much if the Complainant is not permitted to repay the outstanding bills with instalments.
In reply, the Ld. Advocate for the OP submits that there are two consumer IDs of the Complainant and both are permanent service connections. It is contended that the dispute is in connection with consumer ID No. 313134268 and outstanding amount was Rs.69,414/- as it appears from the notice for disconnection dated 03.01.14. It is urged that the OP may be directed to restore the service connection on payment of the outstanding dues of Rs.69,414/-. He further argues that he has nothing to say if the Forum allows installments to repay the outstanding dues.
We have gone through the written complaint, written version and the documents on record. We have also considered the submission of both sides. It is clear from the submission of both sides that a sum of Rs.69,414/- is due from the Complainant in respect of consumer ID No. 313134268 for which the service connection was disconnected on 10.12.14.
The Ld. Advocate for the Complainant has prayed for allowing the Complainant instalments to repay the outstanding dues and the Complainant has also filed an application to that effect.
Considering every aspect, we think that the Complainant may be directed to pay Rs.21,414/- within seven days from the date of this order and to repay the rest amount of Rs.48,000/- by three bi-monthly instalments payable by 30th April, 2019, 30th June, 2019 and 31st July,2019respectively.
The OP may be directed to restore the service connection on receiving Rs.21,414/- and reconnection charges from the Complainant.
The Complainant may be directed to liquidate the outstanding dues by 31st July,2019 in default, he OP may takes steps for disconnection of electricity in accordance with rules.
Reasons for delay
The Case was filed on 04.08.17 and admitted on 11.08.17 . 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..
In the result, the Consumer case succeeds.
Fees paid are correct. Hence, it is
Ordered
that the consumer case No. CC/125/2017 be and the same is hereby allowed on contest against the OP.
The Complainant is directed to pay Rs.21,414/- within seven days from the date of this order and to repay the rest amount of Rs.48,000/- by three bi-monthly instalments payable by 30th April, 2019, 30th June, 2019 and 31st July,2019 respectively.
The OP is directed to restore the service connection being Consumer ID No. 313134268 on receiving Rs.21,414/- and reconnection charges from the Complainant.
The Complainant is directed to liquidate the outstanding dues by 31st July,2019, in default, the OP may takes steps for disconnection of electricity in accordance with rules.
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.
