IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/192/2018.
Date of Filing: Date of Admission: Date of Disposal:
24.12.18 24.01.19 10.04.19
Complainant: Motibur Sk
Vill. Manganpara, P.O. Rampara,
P.S. Rejinagar
Dist.Murshidabad,
Pin 742189.
-Vs-
Opposite Party: Station Manager,Rejinagar CCC,WBSEDCL
P.O. And P.S. Rejinagar,
Dist.Murshidabad,
Pin 742189.
Agent/Advocate for the Complainant : Sri. Jagannath Bhattarcharya
Agent/Advocate for the Opposite Party : Sri. Siddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
One Motibur Sk (here in after referred to as the Complainant) filed the case against the Station Manager, Rejinagar CCC, WBSEDCl (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant had an electric connection being Consumer ID No. 312102759 and tha same was disconnected on 12.08.13 due to non payment of outstanding dues of Rs. 1,422/-. The amount was paid on 13.03.18 but reconnection has not been made till date.
The Complainant received two bills dt. 30.07.18 & 14.11.18 showing total outstanding of Rs. 22,991/- in spite of the fact that the Complainant has not consumed any electricity from 12.08.13 till date. The Complainant has prayed for waiving the demand of Rs. 22,991/- and for compensation of Rs. 20,000/- for compensation.
The O.P. contested the case by filing W.V. on 12.03,19 contending that the Complainant is a consumer of electricity and service was disconnected on 12.082013 due to non payment of outstanding dues of Rs. 1,422/- On 12.03.2018 the staff of the O.P. inspected the premises and found that the complainant was enjoying electricity.. After reconnection on receiving Rs.1,422/- , the complainant failed to pay the bills as per meter reading . Accondingly, the service connection was disconnected on 05.07.18 due to nonpayment of outstanding bills.the total outstanding amount is Rs.23,066.31 + LPSC of Rs. 2505.85.
The O.P. has no deficiency in service and the Complainant is liable to be dismissed.
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 under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as he hired services of the OP for consideration.
The Ld Advocate for the O.P. has not argued on this point.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Point No.2
The Ld. Advocate for the Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Ld. Advocate for the complainant submits that the complainant has been suffering much for disconnection of his electric connection. It is urged that the Complainant is willing to pay the outstanding dues as claimed by the O.P. by six monthly installments to avoid any controversy. It is contended that the O.P. may be directed to restore electricity on receipt of first installment from the Complainant.
In reply, the Ld. Advocate for the O.P. submits that the O.P. has no deficiency in service .
On a careful consideration over the materials on record, we find that notice for disconnection was issued on 12.03.18 and01.07.18. As the Complainant is willing to repay the outstanding amount through monthly installments, we do not think it necessary to go into the details of this case. In our considered view, the Complainant may be allowed to repay the total outstanding of Rs. 23,066.31+ Rs. 2,505.85 (LPSC) by six monthly installments and the O.P. may be directed to restore electric connection on receiving the First installment and reconnection charges from the Complainant. Point Nos. 3 & 4 are thus disposed of.
Reasons for delay
The Case was filed on 24.12.18 and admitted on 24.01.19. 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 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 succeeds in part.
Fees paid are correct.
Hence, it is
Ordered
that the complaint Case No.CC/192/2018 be and the same is hereby allowed on contest against the OP without cost.
The Complainant be directed to repay the total outstanding of Rs. 23,066.31+ Rs. 2,505.85 (LPSC) by six equal monthly installments @ Rs.4262/- p.m. and first of the installments shall be payable by 30th April, 2019 and the rest installments shall fall due on the last day of each month till realization of the entire dues.. The O.P. is directed to restore electric connection of the Complainant on receiving the First installment and reconnection charges from the Complainant.
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
