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

                                      CASE No.  CC/122/2019.

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

   27.08.19                                    04.09.19                                    01.03.23

Complainant: Humaun Sarkar

S/O Motlem Sarkar, Vill-Khajuria,

PO-Nagra, PS-Nabagram Pin-742122

-Vs-

Opposite Party:  Station Manager, WBSEDCL,

Nabagram Customer Care Center

PO&PS-Nabagram, Pin-742184

Agent/Advocate for the Complainant                    : Dip Nandi

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 Humaun Sarkar (here in after referred to as the Complainant) filed the case against Station Manager, WBSEDCL, Nabagram 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 and the OP had provided electric connection vide id No is 302893152. The Complainant paid the entire electric bill to the office of the OP regularly. On all a sudden OP sent a bill for Rs. 17,826/- but there is no electric consumption by the Complainant. The OP has not supplied the meter reading card to the Complainant. Moreover the O did not show any meter reading by which the OP claimed Rs. 17,826/-. The claimed of the OP completely illegal and no basis at all and the OP whimsically claimed the above mentioned amount.

          Previously the Complainant paid all the electric bill. After receiving the fictitious bill from the end of the OP, the Complainant went to the office of the OP and requested to correct the impugned bill on the basis of the meter reading. But the OP without considering anything sent a notice to the effect that if the amount so demanded by the Complainant would not be paid, the OP would disconnect the service connection line of the Complainant. This Act is completely whimsical, unethical and not supported by any law prevailing in the State of West Bengal and doesn’t support the Electricity Act. This Act is completely deficiency in service on the part of the OP. So the Complainant filed this case clamming relief for withdrawing the impugned bill and for sending the correct bill after taking the meter reading from the meter. And he also prays for Rs. 50,000/- on the ground of mental agony and harassment.

          The Complainant submits that the Complainant is a poor cultivator. If the service line would be disconnected according to treated letter, the Complainant will suffer irreparable loss and injury which cannot be compensated by any means.

          The point to be noted is that in spite of receiving service of notice the OP had not turned up in this case and as such order was passed on 21.01.19 to the effect that the case do proceed ex-parte against the OP.

Decision with Reasons:

The point to be noted is that the record shows that the Complainant has not been taking steps since 17.03.20. However the record shows that the Complainant filed hazirah one or two occasions. On 16.08.22 the Complainant filed a petition praying for time for hearing of argument and as such 01.03.23 was fixed for hearing of argument but today no step is taken by the Complainant. It is a case of ex-parte hearing and said case is pending since 2019. Such being the position we are of the view that the instant case should be disposed of on merit.

The allegations made by the Complainant in the complaint is supported by the evidence of the Complainant. But we find a photocopy of the electric bill lying in the case record wherefrom we find that present reading was 4400 and previous reading was 1452. Consumed unit is 2948. Connected load is 4.38 KVA and bill amount is Rs. 17,826/-.

It is specifically alleged in the complaint that the OP did not show any meter reading by which the OP claimed Rs. 17,826/-. But the photocopy of the electric bill shows otherwise. We have already mentioned that the concerned electric bill shows both the previous meter reading and the present meter reading. Such being the position we are of the view that the allegation made by the Complainant in the complaint is not supported by the documentary evidence that is the photocopy of the electric bill.

In view of the matter discussed above we are of the view that the Complainant has failed to establish that there is deficiency in service on the part of the OP and as such the instant case is liable to be dismissed on merit.

    Reasons for delay

The Case was filed on 27.08.19 and admitted on 04.09.19. 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 fails.

    Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/122/2019 be and the same is dismissed on merit  against the OP.

      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.