IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC /198/2017
Date of Filing: 23.11.2017. Date of Final Order: 30.07.2018
Complainant: Ajit Ghosh, S/O Late Radharaman Ghosh, Vill& P.O. Kurulia,
P.S. Burwan, Dist. Murshidabad, Pin 742132.
-Vs-
Opposite Party: Station Manager, Panchthupi CCC, WBSEDCL,
P.O. Panchthupi, P.S. Burwan, Dist. Murshidabad.
Agent/Advocate for the Complainant : Sri Siddhartha Gupta.
Agent/Advocate for the Opposite Party : Sri Siddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati…………………. President.
Smt. Chandrima Chakraborty ……………………..Member.
FINAL ORDER
Sri Asish Kumar Senapati, President.
This is a complaint U/S 12 of the C. P. Act, 1986 .
One Ajit Ghosh (herein after referred to as the complainant) filed the case against the Station Manager, Panchthupi CCC, WBSEDCL (herein after referred to as the OP) alleging deficiency in service against the OP.
The sum and substance of the case is as follows:-
The complainant is a consumer of electricity being Consumer I.D No. 313186722 and he had been running his submersible pump since 1995. Subsequently, the OP disconnected the electric connection of the complainant in January 2017 though the complainant paid a bill for the month of February amounting Rs.3780/- . The OP continued to send bills upto October, 2017 amounting Rs.3404/- and subsequently the OP disconnected the seal of the Meter Box of the complainant on 17.10.17. The complainant sustained a loss of Rs.90, 000/- as he could not grow Aman crops in his land in 2017 and afterwards. The complainant prayed for a direction upon the OP so that his electric connection may be resorted and adequate compensation for his loss.
The OP put his appearance and filed written version on 06.02.18 stating that the complaint is not maintainable and the complainant has no cause of action to file the case.
It is the specific of the OP that the complaint is a consumer under the OP have Consumer I.D. No.313186722 and he is a habitual defaulter in payment of his dues. The petitioner failed to pay the billed amount for the month of March 2017 for which the OP disconnected the electric connection and OP has no deficiency in service. The OP prays for dismissal of the case.
On the basis of the above versions of both parties, the following points are framed for proper adjudication of the case:-
Points for Decision.
- Is the complainant a consumer under the provisions of the C. P. Act, 1986?
- Has this Forum jurisdiction to entertain the case?
- Has the OP deficiency in service?
- Is the complainant entitled to get relief/reliefs , as prayed for?
Decision with Reasons
Point No.1.
The Ld. Advocate for the complainant submits that the complainant is a consumer of electricity for the purpose of running his submersible pump for his livelihood by means of self employment. It is urged that there is a consumer dispute in between the complainant and the OP.
In reply Ld. Advocate for the OP submits that the complainant is a consumer under the OP.
Having heard the submissions of the Ld. Advocates of both sides and on perusal of the materials on record, we hold that the complainant is a consumer in terms of the provisions of the Consumer Protection Act, 1986 .
Point No.2.
Ld. Advocate for the complainant submits that this Forum has both territorial and pecuniary jurisdiction to entertain the complaint and there is a consumer dispute between the parties.
The Ld. Advocate for the OP has stated nothing on this point.
On a careful consideration over the material on record, we find that this Forum has both territorial and pecuniary jurisdiction to entertain the complaint.
Point Nos. 3&4.
Ld. Advocate for the complainant submits that the OP disconnected the electric connection of the complainant in January 2017 without serving any notice upon the complainant. He argues that the OP has deficiency in service. He admits that some amount is still outstanding and the complainant is willing to pay the dues by easy installments, if his electric connection is restored.
In reply Ld. Advocate for the OP submits that the complainant was a habitual defaulter in payment of electric bills, resulting disconnection.
It is argued that the complainant has not yet cleared the dues. He prays for dismissal of the complaint with cost.
Admittedly, the complainant is a consumer of electricity under the OP vide consumer I.D. No. 313186722.
Admittedly, the OP disconnected the supply of electricity of the complainant without serving any notice in accordance with rules. Disconnection without serving any notice tantamounts to deficiency in service. Hence, we have no hesitation to hold that the OP has deficiency in service as OP disconnected the supply of electricity without serving any notice upon the complainant.
On the other hand, the complainant was not regular in payment of his electricity charges within due dates.
Considering the facts of the case, we are of the view that the OP may be directed to restore the supply of electricity within a period of 60 days without charging any disconnection-reconnection charges from the complainant as the OP has deficiency in service. The complainant may be allowed to pay the total electric dues by 3 equal monthly installments after receipt of the fresh bill from the OP.
Reasons for Delay.
This case has been filed on 23.11.17 and admitted on 30.12.2017. The OP put its appearance and filed W/V on 06.02.2018. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of Section 13(3A) of the Consumer Protection Act, 1986. The cause of delay to dispose of the case is also explained in day to day orders.
In the result the complaint case succeeds.
Fees paid are correct.
Hence,
Ordered
that the Consumer Complaint No. 198/2017 be and the same is hereby allowed on contest against the OP without cost.
The OP is directed to restore the electric connection of the complainant being Consumer I.D. No. 313186722 by 60 days from the date of this order without claiming any disconnection-reconnection charges.
The OP is also directed to issue a fresh up-to-date bill to the complainant by 30 days from the date of this order by allowing the complainant to pay the entire dues by 3 equal monthly installments.
The complainant is directed to pay the due amount in response to fresh bill to be delivered to him by the OP by the dates fixed in the bill.
Let a 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.
