West Bengal

Birbhum

CC/12/107

Abdul Alim Mondal, - Complainant(s)

Versus

Station Manager, WBSEDCL, - Opp.Party(s)

Sanjit Acharya

08 Jun 2015

ORDER

One Abdul Alim Mondal, the complainant filed a petition U/s 12 of the Consumer Protection Act, 1986 against the Station Manager, WBSEDCL, Murarai Gr. E/Supply. The complaint, in brief, is that Abdul Alim Mondal, a cultivator applied for electric service connection in his Sub mersible pump for betterment of irrigation in his agricultural land. After considering the application of the complainant the O.P issued quotation and additional quotation of ₹ 69733 and ₹ 896 respectively. The quotation price was included ₹ 64933 for 10KVA sub-station with HSC. The complainant deposited the quotation price to the O.P. Due to non-availability of 10KVA for Sub-station the O.P directed to the complainant to purchase the same for expediting the electric connection. The complainant purchased 10KVA transformer and the O.P effected the electric connection.

But the O.P neither adjusted the price of the transformer with regular bill of the complainant nor refunded the amount to the complainant in cash. The complainant gave several written representations but the O.P did not pay any heed. Hence, the case.

The O.P appeared but did not file written version inspite of taking time in several occasions. At last at the stage of argument the O.P filed an application stating that he was ready to refund the cost price of 10KVA transformer. Accordingly, he issued a cheque amounting to ₹ 26624/- in favour of the complainant and filed it in the Forum. The complainant took the cheque on protest.

The complainant has tried to establish the complaint by filing certain documents.

Admittedly, the O.P wrote a letter to the complainant by Memo No. MRR/SD/1165 dated 30.01.2008 giving permission for purchase of 10KVA transformer as there was unavailability of it in the stock of the O.P. But the O.P had taken the quotation money of ₹ 69733 including the cost of 10KVA transformer. He also took ₹ 896 as additional quotation price. The complainant purchased 10KVA transformer as per direction of the O.P. The service line was drawn. Now, the question is that, can the O.P charge double price of 10KVA transformer? Certainly not. Naturally the complainant submitted prayer before the O.P for refunding the cost price of the transformer. The O.P orally assured to refund the​ same but did not do so. Lastly, the complainant wrote a letter vide REC No. 3424 dated 06.01.2012 to the O.P. Still the O.P did not pay any heed. The complainant had to come to the Forum. The Forum passed an order vide No. 12 dt. 28.05.2013 directing to the O.P to refund the amount of price of transformer paid already to the O.P along with interest, if payable as per I.E Act. The O.P filed a cheque being No. 499214 of ₹ 26624 (equivalent to the cost price of the transformer as per original cash memo filed by the complainant) on 15.07.2013. The complainant received the said cheque putting objection that as per order of the Forum the O.P did not pay interest on cost price of the transformer. It is evident that West Bengal Electricity Regulatory commission (Miscellaneous provisions) Regulation 2003 makes clear guideline to pay interest on the deposited amount. But the O.P did not comply the order. The record shows that the O.P has enjoyed the double amount since 15.02.2008, when transformer was bought by the complainant, till the date of cheque issued by the O.P for refunding the price of the transformer as per order of the Forum i.e. 13.07.2013. If the complainant put the amount of ₹ 26624 in fixed deposit he would have received minimum 8% interest for that period. So, the O.P has deficiency in service.

The complaint is succeeded.

Proper fees have been paid.

Hence,

O R D E R E D

that C.F case No. 107/2012 be and the same is allowed in part on contest  with cost  against the O.P.

            The O.P is directed to pay 8% interest on ₹ 26624 from the date of filing the complaint i.e. on and from 03.10.2012 to the date of payment the cost of transformer i.e. 13.07.2013 (10 months approx.) and ₹.2000 as litigation cost. The aforesaid order will be complied with by the O.P within one month from the date of receipt of a copy of this order failing which the complainant shall be at liberty to resort to due process of law and procedure. 

Copy of this order be supplied to the parties each free of cost.