IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/72/2019
Date of Filing: Date of Admission: Date of Disposal:
17.06.19 24.06.19 03.08.22
Complainant: Pinky Khatun @ Pinky Bibi,
W/o – Bablu Sk.
Vill – Kadikola (Jangipur)
P.O.-Ramdebpur, , P.S.- Raghunathganj
Dist-Murshidabad
West Bengal,
PIN-742213
-Vs-
Opposite Party: Station Manager,
W.B.S.E.D.C.L, Jangipur C.C.C.
Village + P.O.- Jangipur
P.S. Raghunathganj,
District- Murshidabad,
West Bengal,
Pin- 742213
Agent/Advocate for the Complainant : Debasish Nag.
Agent/Advocate for the Opposite Parties : S.S. Dhar
.
Present: Sri Ajay Kumar Das…………………………..........President.
Sri. Subir Sinha Roy………………………………….Member.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
SMT ALOKA BANDYOPADHYAY, MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Pinky Khatun @ Pinky Bibi (here in after referred to as the Complainant) filed the case against Station Manager, W.B.S.E.D.C.L, Jangipur C.C.C. Ltd (here in after referred to as the OP) praying for relief alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The complainant applied for electric connection before O.P. to run a “Hand Made Muri” factory to earn her livelihood by self-employment and for that the complainant applied for electricity connection and for that the O.P. issued quotation dated 02.02.2019 for service connection charge and security deposited total amount of Rs. 4,703/-. The complainant has deposited the same on 02.02.2019 vide consumer ID No. 302882833. In spite of depositing the quotation money the O.P. refused to install the electric meter connection without any reasonable cause though the complainant has sent a demand notice through her Ld. Advocate on 06.05.2019 for installation of the electric meter and electric connection but till date the O.P. paid no heed in the matter. Finding no other alternative the complainant filed the instant case before this commission for appropriate relief.
Defence Case
After service of the notice the O.P. appeared by filing written version containing inter alia that though the complainant has applied for electric connection through online and paid sum of Rs. 4703/- on 02.02.2019 but it was found that there was already a connection in the name of SK Fajlu Haque the father of the petitioner and there is outstanding dues of Rs. 50558.69/-. For this reason as per rule and regulation of 55/WBERC clause 3.4.2. the O.P. unable to provide the service connection to the complainant the matter was informed to the complainant through registered post but she refused to accept the letter. So there is no deficiency on the part of the O.P. and O.P. prays for dismissal of the case.
On the basis of the complaint and written version the following points are framed for proper adjudication of the case:
Points for decision
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point no.1 & 2
All the points are taken up together for the sake of convenience and brevity of discussion.
We have gone through the complaint, written version, evidence on affidavit and the documents filed before us.
Undoubtedly, the complainant paid sum of Rs. 4703/- on 02.02.2019 vide application no. 3002953021 for the new electricity connection in her premises as per quotation issued by the O.P. So the complainant is a consumer U/S 2(1)(d) of the Consumer Protection Act, 1986.
The O.P. after inquiry found that there was industrial connection being no. 313165041 in the name of SK Fajlu Haque, the father of the petitioner and there was outstanding dues of Rs. 50558.69/- and in spite of the repeated demand SK Fajlu Haque failed to pay the dues so the electric connection has been disconnected and as per rule and regulation 55/WBERC clause 3.4.2. the O.P. is debarred to provide fersh connection without payment of outstanding dues. The Ld. Advocate of the complainant drew our attention of the original documents filed by the complainant containing that she has paid Rs. 25099/- dated 15.03.2019 vide receipt no. 100085949331 and Rs. 25000/- on 27.06.2018 vide receipt no. 129903423112. So, the complainant has paid totaling of Rs. 50099/- out of the claimed amount of Rs. 50558.69/-.
The Ld. Advocate for the O.P. at the time of argument stated that the complainant has neither mentioned that she has already paid Rs. 50099/- to the O.P. in the complaint petition nor intimated the matter to the O.P. though the O.P. has claimed the due amount.
However, considering the facts and circumstances of the case and documents filed before us and the argument advanced by both the Ld. Advocates we are of the view that till there is outstanding of Rs. 459.69/- (Rs. 50,558.69 - Rs. 25099 + Rs. 25000). Therefore the complainant is directed to pay the remaining said sum of Rs. 459.69/- and O.P. may be directed to provide electric connection after payment of said due amount.
Reasons for delay
The Case was filed on 17.06.19 and admitted on 24.06.19. This Commission 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 is allowed.
Fees paid are correct.
Hence, it is
Ordered
that the complaint Case No. CC/72/2019 be and the same is allowed on contest but without costs.
The complainant is directed to pay the sum of Rs. 459.69/- to the O.P. within 10 days after passing of this order and the O.P. is directed to provide electric connection within 10 days after receiving the said sum.
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
