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

CASE No.  CC/141/2018.

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

     07.09.18                              26.11.18                                          03.10.23

Complainant: Majera Bibi

                        W/o Amirul Islam

                        Vill-Gatla, PO-Gatla, PS-Kandi

                        Dist-Murshidabad, Pin-742136

-Vs-

Opposite Party: Station Manager, WBSEDCL,

Gokarna CCC, Vill&PO-Gokarna, PS-Kandi

Dist-Murshidabad, Pin-742136

Agent/Advocate for the Complainant                        : Pranab Kr. Das

Agent/Advocate for the Opposite Party                     : None

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

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

         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 Majera Bibi (here in after referred to as the Complainant) filed the case against Branch Station Manager, WBSEDCL, Gokarna CCC (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 consumer under the OP. The Complainant used a STW connection for deep tube-well which is availed by the Complainant exclusively for the purpose of earning his livelihood by mean of self employment.

            The Complainant got an excessive bill in July, 2018. After getting the said bill she became astonished when she found that she had a huge outstanding of Rs. 10,9910.17/- for the month of January, 2013 to October, 2017 and Dec, 2017 to June, 2018.

            The Complainant filed a consumer case vide No. CC/120/2014 for claiming without meter connection by the normal rule the OP sent a huge bill of Rs. 66,426.30/- for the month of Sep, 2011 to March, 2015. The OP filed written version in favour of him and after hearing the Ld. Forum on 09.02.2016 is hereby allowed the case with direction to pay out standing amount of Rs. 22,320/- in place of Rs. 66,426.30/- for the month of Sep, 2011 to March, 2015.

            The Complainant as per direction of the Ld. Forum paid the entire outstanding amount of Rs. 22,320/- determined by the Ld. Forum. That after payment of outstanding bill the Complainant requested the OP to send afresh bill as per meter reading but the Op never took any meter reading. Actually the said STW connection is used for four months in a year and rest of time the Complainant does not use the said connection.            

            The OP without taken meter reading prepared a fictitious bill for the month of 2018 and the same was sent to the Complainant. The husband of the Complainant is an 80% handicapped person and  he holds disability certificate issued by competent authority. In present position,  the complaint is living from hand to mouth.

            Due to unfair trade practice of the OP the Complainant is suffered a huge mental agony as well as there is a clear deficiency of service on the part of the OP.

            The Complainant prays to direct the OP to deduct the paid outstanding bill for the month of Sep, 2011 to March, 2015 and also give a direction to the OP to prepare a fresh bill and send the same to the Complainant in respect of the said STW connection and also to pay a sum of Rs. 25,000/- for suffering mental pain and agony.

            The record shows that the notice had been served upon the OP on 29.11.18 but the OP did not file any Written Version and as such the instant case is being proceeded ex-parte.

            The record shows that the Complainant filed evidence by way of affidavit on 21.11.19. The record further shows that the Complainant has not being taking steps since 29.09.20.

            On perusing the petition of complaint and the evidence adduced by the Complainant we do not find any deficiency of service on the part of the OP. Moreover, we find that the dispute in between the parties had been finally disposed of by this Ld. Commission on 29.02.16 in CC No. 120/2014. It is not clear before us what prevented the Complainant to file execution case for non compliance of the final order passed by this Ld. Commission on 29.02.16 in connection with CC No. 120/2014.

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

     In the result, the Consumer case fails

     Fees paid are correct. Hence, it is           

                                                            Ordered

that the complaint Case No. CC/141/2018 be and the same is dismissed ex-parte against the OP without any costs as to order.

        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                                                 Member                                        President.