IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD , AT BERHAMPORE.
CASE No. CC No. 9/2017.
Date of Filing : Date of Admission : Date of Disposal :
20.01.2017 15.02.2017 03.01.2018
Abdul Moyed Mondal,
S/o Late Abdul Khalek,
Vill. Krishnapur, P.O. Diara,
P.S. Sagardighi,
Dist. Murshidabad, Pin:742122. ..…… Complainant.
-vs-
The Station Manager,
WBSEDCL of Sargaachhi C.C.C.,
P.O. & P.S. Sagardighi,
Dist. Murshidabad, Pin:742122. …..... Opposite Party.
Sri Saugata Biswas, Ld. Advocate … for the Complainant
Sri Siddharth Sankar Dhar, Ld. Advocate … for the Opposite Party
Present : Smt. Chandrima Chakraborty …. .…. Member.
Sri Manas Kumar Mukherjee ……… Member
Cont. ……….…. 2
= 2 =
J U D G M E N T
Chandrima Chakraborty, Presiding Member.
The door of this Forum has been knocked by the Complainant for redressal of the consumer dispute as per the C. P. Act, 1986.
The case stated in the complaint, in concise, is that, the Complainant is an Owner of Paddy Grinding Mill for his livelihood and the electricity connection is used as Industrial connection. Due to financial crisis, the Complainant had failed to pay the Electricity Bill amount of Rs. 1,06,903/- only dated Dec. 2016 of continuation billing schedule and due to some misunderstanding the Complainant had filed a Case being No. CC 138/2014 which was disposed of with a direction to the Complainant to pay a sum of Rs. 46,192/- only in 5 consecutive months and the Complainant had paid the same.
But suddenly the Complainant received a Bill dated 30.12.2016 from the Opposite Party amounting to Rs. 1,06,903/- only for the period of Oct. 2013 and Aug. 2014 to Nov. 2016 which is baseless, imaginary and inflated Bill. The Complainant requested the Opposite Party to cave the said Bill and to issue the fresh Bill but the Opposite Party did not pay any heed to it, what amounts to negligence and deficiency in rendering service by the Opposite Party towards the Complainant for which the Complainant finding no other alternative than to file the instant case seeking adequate redressal against the Opposite Party.
Resisting the complaint, the Opposite Party filed the Written Version denying the contention made by the Complainant in his complaint and stating inter alia that the case is not maintainable, the Complainant has no cause of action, barred by limitation and the Forum has no jurisdiction to deal the instant matter.
Cont. ……….…. 3
= 3 =
The specific case of the Opposite Party in gist, is that, the Complainant is running a business for which the Complainant is a commercial/industrial Consumer. The Complainant previously filed a case in the Forum wherein the Complainant was directed to pay the dues amount in 5 installments out of which the Complainant had paid only 4 installments but the 5th installment had not been paid. Moreover the Complainant did not pay the current Bill amounts also for which the total outstanding Bill amount is of Rs. 1,15,965/- only and the Complainant is liable to pay the same and so the electric connection has been disconnected on 08.03.2017.
Thus, the Opposite Party denied any deficiency and negligence in rendering service towards the Complainant and prayed for dismissal of this case.
Point for Determination
1. Whether the instant case is maintainable ?
2. Whether the Complainant is a consumer ?
3. Whether there is negligence or deficiency in service on the part of the O.P?
4. Whether the Complainant is entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for consideration for convenience and brevity.
The main dispute between the Complainant and the Opposite Party is that, whether the Opposite Party are justified to charge the said disputed Bill in favour of the Complainant and whether the Complainant is at all liable to pay the said Bill amount towards the Opposite Party or not.
Cont. ……….…. 4
= 4 =
On overall evaluation of the argument made before us by the Ld. Lawyers for the both parties and the material evidences on record, it is evident that admittedly the Complainant is an Industrial/commercial Consumer under this Opposite Party having electric connection for his business.
Admittedly the Complainant had/has some financial crisis the Complainant had failed to pay the previous Electric Bill amount towards the Opposite Party and the Complainant had filed a Consumer Case before the Forum for relief and wherein the Forum had directed the Complainant to pay the dues amount in 5 installments out of those the Complainant had paid only the 4 installments and further failed to pay the 5th including the current Electric Bill amount for which the Opposite Party admitted to disconnect the electric connection of the Complainant on 08.03.2017.
At the time of hearing argument the Ld. Advocate of the Complainant further prayed for making payment of whole outstanding amounts in some installments.
Considering the fact and circumstances of the Complainant and hearing the both sides the unanimous decision of the Forum is that the Complainant is allowed to pay the total sum of Rs. 1,15,695/- only in total 12 monthly installments @ Rs. 9,640/- only per month in first 11 installments and Rs. 9,655 in last 12th installment. The Complainant is also directed to pay the current Electric Bills as per date mentioned in the said Bill along with the said installments.
The Complainant is further directed to pay the 1st installment within one month from the date of this Order and the Opposite Party is further directed to re-connect the said electric connection within three days from the payment of such amount of 1st installment.
Cont. ……….…. 5
= 5 =
It is to mention, further, here that if the Complainant failed to pay the amount of installment and/or current Electric Bill the Opposite Party has the liberty to take any step/s as per their rules and regulations.
In the view of the above discussion, we are of the opinion that the Complainant has partly proved the case in his favour is entitled to get the relief in part as prayed for and consequentially the points for consideration are decided partly in affirmative.
In short, the Complainant deserves success in part.
In the result, we proceed to pass
O R D E R
That the case be and the same is allowed in part on contest against the Opposite Party without any cost.
That the Complainant is directed to pay a total sum of Rs. 1,15,695/- only in total 12 monthly installments @ Rs. 9,640/- only per month in 11 months and Rs. 9,655 in last 12th installment within the 10th day of each month.
That the Complainant is further directed to pay amount of the 1st installment of Rs. 9,640/- only within one month from the date of this ‘Order’.
That the Complainant is further directed to pay the current Electric Bills as per the date mentioned in the said Bill as received from the Opposite Party along with the amount of installment per month.
Cont. ……….…. 6
= 6 =
That in case of any default in payment of current Bill and/or payment of installments per month on the part of the Complainant, the Opposite Party is at liberty to act as per their Rules and Regulations.
That the Opposite Party is directed to re-connect the said electric connection in the residence of the Complainant within three days from the date of such payment of 1st installment amount by the Complainant.
That the Opposite Party is further directed to receive the aforesaid amount of the installment/s per month as ordered by this Forum from or on behalf of the Complainant in each month along with the current Electric Bill.
In the event of non compliance of any portion of the Order by the Opposite Party within a period of one month from the date of this Order, the Opposite Party shall have to pay a sum of Rs. 100/- per day, till its realization, as punitive damages which amount shall be deposited by the Opposite Party in the ‘Consumer legal Aid Account’.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER PRESIDING MEMBER
