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

                                                        CASE No.  CC/59/2020

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

    16.03.2020                            29.09.2020                                    14.12.2020

Complainant:  Maya Mandal,

                        W/o – Satyaranjan Mondal,

                        Vill  & P.O.- Kiriteshwari,

                         P.S.- Nabagram,

                        Dist-Murshidabad

                        Pin- 742104.

-Vs-

Opposite Party: 1) Station Manager  

                           WBSEDCL, Nabagram Customer Care Centre,  

                           P.O. & P.S.- Nabagram,  

                           Dist- Murshidabad,

                           Pin-742184

   2) Divisional Manager,   

                           WBSEDCL, Jiaganj, 

                           P.O. & P.S.- Jiaganj, 

                           Dist- Murshidabad,

                           Pin-742123

   2) Regional Manager,   

                           WBSEDCL, Berhampore, 

                           P.O. & P.S.- Berhampore, 

                           Dist- Murshidabad,

                           Pin-742101

Agent/Advocate for the Complainant                        : Arup Mukhapadhay

Agent/Advocate for the Opposite Parties                  :  None

.

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

                  Sri. Subir Sinha Roy………………………………….Member.                        

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

FINAL ORDER

   Sri. Ajay Kumar Das, Presiding Member.

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

One Maya Mandal (here in after referred to as the Complainant) filed the case against Station Manager, WBSEDCL, Nabagram Customer Care Centre and Ors. (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 states that she is a consumer (ID. 303062858; meter no. L05470606) under O.P. 1 and she had been paying bill regularly as per meter reading and the date of connection of the meter was 04.10.2019. From that date the Complainant was consuming electricity and paying the bills regularly as per consumption.

The Complainant last paid the bill amount of Rs. 221/- on 04.03.2020 as per meter reading. In spite of that on 05.03.2020 the O.P.1 came to the Complainant’s house with other staff and without informing the Complainant or seeking any permission from the Complainant the O.P. 1 whimsically, arbitrary disconnected the electricity of Complainant’s house. The O.P. has no locus standi to disconnect the line and as a result the Complainant and her other members of the family have been suffering too much trouble. Thereafter, the Complainant requested to the O.P. 1 verbally again and again to restore the connection but the O.P. 1 did not turn up her request.

Finding no other alternative the complainant filed the instant case before this District Commission praying for appropriate relief.

Decision with Reasons:

The point to be noticed is that the Complainant filed this case on 16.03.2020. The case was admitted on 29.09.2020. Since that time the Complainant has not been taking any steps. As a result notices have not been served upon the O.P.s.

The Complainant filed the complaint supported by affidavit and as such the complaint may be treated as evidence. But it is a matter of regret that the Complainant has not been taking steps for long period for the service of notices upon the O.P.s. In the absence of the O.P.s the Complainant is not entitled to get any order. The principle is that no person should be condemned unheard. As the O.P.s do not get any scope to reply the complaint, the complaint is liable to be dismissed.

On the contrary it may be presumed from the conduct of the Complainant that the Complainant’s case has no merit and as such the Complainant has not been taking steps for service of summon upon the O.P.s.

In the result the instant complaint case is liable to be dismissed.

Reasons for delay

The Case was filed on 16.03.2020 and admitted on 29.09.2020. 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 dismissed.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/59/2020 be and the same is dismissed on merit against the OPs but under the circumstances without any order as to costs.

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.