IN THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/11/2017
Date of Filing: 25/01/17 Date of Final Order: 08/01/19
Complainant: Bakur Hossain
s/o Late Majahar Sk.
Vill Naoda, Post Office : Gankar,
P.S. Raghunath ganj,,Dist. Murshidabad, PIN – 742225.
-Vs-
Opposite Party: 1) Station Manager,
Raghunathganj CCC, WBSEDCL,
P.O.& P.S. Raghunath ganj,,Dist. Murshidabad,
PIN – 742225.
2) Assistant Engineer,,
Raghunathganj CCC, WBSEDCL,
P.O.& P.S. Raghunath ganj,,Dist. Murshidabad,
PIN – 742225LICI, Jeevan Prabha,
Agent/Advocate for the Complainant : Sri Subhransu Singha
Agent/Advocate for the Opposite Party Nos 1&2 :Sri Siddhartha Shankar dhar
Present: Asish Kumar Senapati…………………..........President.
Aloka Bandyopadhyay ………………….. .Member.
FINAL ORDER
ASISH KUMAR SENAPATI, PRESIDING MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Baker Hossain (here in after referred to as the Complainant) has filed the case against ) Station Manager, Raghunathganj CCC, WBSEDCL and another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint is as follows:
The Complainant is a Consumer of WBSEDCL having Consumer No. 313288497 and the electricity is being used for agricultural purpose. The Complainant has ben paying electric charges regularly since 2014 in spite of irregular supply of electricity. On 02.11.14 the transformer was burnt and it was repaired at the cost of the Complainant. The Complainant is apprehending that the O.Ps may disconnect the electricity at any time if the Complainant fails to make payment of interest, so accrued though the O.Ps did never make good the loss for their own larches due to damaged/burnt transformer. The OPs had disconnected the electricity without serving any notice upon the complainant Hence, the case is filed praying for compensation of Rs. 1,50,000/- against the O.Ps for their deficiency of service.
The OPs contested the case by filing written version on 05.04.17 inter alia denying the material allegations made out in the complaint, contending that the Complainant has no cause of action to file the case. It is the specific case of the O.Ps that the Complainant is a habitual defaulter in payment of electricity charges and the line was disconnected on27.12.16 after serving disconnection Notice on22.11.16. The Complainant paid a sum of Rs.12,000/- out of total outstanding of Rs.23,383.16 on 30.12.16. The meter reading is 4304 units as on 19.02.17. The O.Ps have no deficiency in service and the Complainant is not entitled to get relief
against the O.Ps.
On the basis of the above versions following points are framed for proper adjudication of the case.
Points for decision
- Is the Complainant a Consumer ?
- Has this Forum jurisdiction to entertain the Complaint ?
- Is there any deficiency in service, as alleged by the Complainant ?
- Is the Complainant entitled to get any relief, as prayed for?
Point Nos.1 &2.
The Ld Advocate for the Complainant submits that the Complainant is a Consumer.
In reply, the Ld. Advocate for the O.Ps submits that the Complainant is not a consumer and this Forum has no jurisdiction to entertain the Complaint.
On perusal of the materials on record, we find that the Complainant hired the services of the OPs on payment of consideration . We also find that the cause of action arose within territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of District Forum. Hence, both the points are decided in favour of the Complainant.
Point Nos.3 & 4.
The Ld. Advocate for the Complainant submits that the OPs have deficiency in service as they disconnected the supply of electricity without notice . He prays for compensation against the O.Ps for deficiency in service.
Per-contra, the Ld. Advocate for the O.Ps submits that the Complainant is a habitual defaulter in payment of electricity charges and notices for disconnection were issued upon the Complainant for making payment of outstanding dues. He argues that the O.Ps have no deficiency in service.
We have perused the materials on record and considered the submission of both sides. Admittedly, the Complainant is a consumer of electricity and it is clear from the documents that the Complainant is not regular in payment of electricity charges as per consumption. The Complainant has failed to establish that his transformer was burnt on 02.11.14 and he had to repair the same at his own cost. We find that notices for disconnection were issued on22.11.16 & 16.01.17 upon the Complainant asking him to make payment of outstanding dues to avoid disconnection. Therefore, we have no hesitation to hold that the O.Ps have no deficiency in service and the complainant is not entitled to get any relief in this case.
Reasons for delay
The Case was filed on 25/01/17 and admitted on 03.02.17. The OPs contested the case by filing W.V. on 05.04.17. This Forum tried its level best to dispose of the
case as expeditiously as possible in terms of the provision under section 13(3A) of the C.P. Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the complaint case fails.
Fees paid are correct.
Hence, it is
Ordered
that the complaint case be and the same is hereby dismissed on contest against the OPs without cost.
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 President.
