This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that the complainant is a bona fide consumer of West Bengal State Electricity Distribution Company Limited under the Supply area of the Opposite Parties No. 1 and his consumer No. 8400425, Consumer ID No. 163080226, Service Connection No. KSTW—1002 and o/c Connection no.SO1101 and that the complainant being a bona fide consumer paying electric bills regularly in the office of the Opposite Parties No. 1 as per his electric consumption and his payment of electric bill is cleared up to February, 2014 and that the consumer has been paying Electric Bill to the office of the O.P. No. 1 for a submersible pump installed at Vill- Haridaspur of Mouza – Haridaspur and the submersible pump was installed for agricultural purpose and complainant has been carrying his agriculture at Vill- Haridaspur with the help of said pump and the complainant get periodical product of agriculture such as paddy both in Monson and summer season and the complainant paid bill for electric consumption for said submersible pump upto February, 2014 and the amount was Rs.2,388/- only(Rupees Two thousand three hundred eighty eight) Receipt No. 57820 at the office of the O.P. No. 1 concerning Electric office Khanyan Customer Care Centre and office of O.P. No. 1 issued receipt to that effect and it is to mention here in the year 2007, and 2008 and submersible pump was in-active condition which was knocked down to O.P. No. 1 also did not send any bill in the same year. The electric supply of the said pump was disconnected in the year 2007 and said supply was reconnected in the year 2010 after submitting of reconnection charge by the complainant since then the complainant has been cultivating his agricultural field with the help of said submersible pump and has been paying bill regularly to the office of the O.P. No. 1 and the complainant presently running with ‘BORO’ cultivation with the help of said Submersible pump and the cultivation of Boro paddy starts from the month of Falgun and the water supply is very much required for Boro cultivation in this time and it is stated that on 24.02.2014 the complainant came to know from neighbors that few staffs of the office of the O.P. No. 1 assembled around the cultivated land of Haridaspur village and it was further announced that they will cut the electric supply of the complainant’s submersible pump. The complainant rushed to the spot and requested them not to cut the electric supply. But they refused and told the complainant they are working under the direction of O.P. No. 1 and they cut the Electric supply. This complainant then and there attended the office of the O.P. No.1 and asked about the cutting of electric connection of the said pump and then O.P. No. 1 replied that the complainant will have to submit the outstanding amount of Rs. 35,512/- (Rupees Thirty five thousand five hundred and twelve) only for remaining past few months, otherwise the complainant will not get electric supply. The complainant asked that no electric bill is issued in that period due to non-consumption of electric supply which was also intimated to the office of the O.P. No. 1. And the complainant further requested the O.P. No.1 for continuation of electric supply as it is required for Boro paddy. But the matter of regret is that the O.P. No. 1 did not pay any attention of the request of the complainant. The activity of the O.P. No.1 illegal and inhumanic, complainant is a bona fide consumer and he has been paid electric bill regularly. The cutting of electric supply in respect of said pump by the O.P. is against natural justice and the O.P. No. 1 has no authority to cut the supply, when the complainant is paying bill regularly. And moreover, the O.P. did not send any notice especially for cutting of electric supply in respect of the said submersible pump and it is to state that getting no other alternative complainant filed this petition before this Forum for continuation of electric supply of his submersibles pump and it was and it is to state that Cause of action of this instant complaint arose on 24/02/2014 at Khanyan under P.S. Pandua , Dist- Hooghly when the O.P. refused to reconnect electric supply of submersible pump at his office under the jurisdiction on this Forum Court.
Complainant filed the complaint petition praying direction upon the opposite parties to pass an order for reconnection of electric supply in respect of consumer being No. S400425 which was disconnected on 24/02/2014 and to give a clarification for outstanding bills amounting to Rs. 35,512/- for the year 10/2007 to 01/2010, 08/2010 and if there is no clarification then and to pass order for abolishment of such outstanding dues from the bill and to pay cost of the suit of Rs. 20,000/ and to pay sum of Rs. 1 lakh for compensation and mental agony and to give any other relief or relieves in favour of the complainant as this Forum may deem fit and proper.
The opposite parties contested the case by filing written version denying inter-alia all the material allegations as leveled against him. This opposite parties submits that as per written prayer of Md. Musa and others dt. 3.3.2014 and as per direction of the present opposite parties the complainant deposited 1st installment as Rs. 5695/- on 15.3.2014 out of 5 installment committed to pay outstanding dues out of Rs. 35,512/- in total for consumption charge for said STW connection and thereafter on the same day 15.3.2014 as per order of the Divisional Manager of W.B.S.E.D.C.L. said STW electric line of Md. Musa was reconnected and thereafter the Md. Musa and others were cultivated paddy in Boro season and they committed another 4 installment dues to be paid time to time and the opposite parties deposited some photographs in this Ld. Court for cultivation of paddy by using said STW shallow line but the complainant did not pray anything like above person to pay outstanding dues and reconnection of line and the complainant used said STW line and consumed electricity but he did not paid the consumption charge according to electric bill as send to him regularly and therefore he was failed to deposit O.S.D. amount in every time and as a result the outstanding dues remains upto Rs. 35,512/- for the period of 10/2007 to 8/2010 but he enjoy electric consumption unlawfully and some technical persons of office of the opposite parties visited the said locality inspected the spot examined STW line in pole side and meter box and thereafter issued notice upon the complainant and lastly the said electric line was disconnected on 24.2.2014 for nonpayment of outstanding dues amounting to Rs. 35,512/- for the period of 10/2007 to 8/2010 and thereafter the complainant and other user of STW Md. Musa, Abu Kasem submitted to the office of the opposite parties a written prayer jointly on 3.3.2014 for reconsider and reconnected said STW line and they further committed in the said prayer that they will repaid said outstanding dues of Rs. 35,512/- by 5 installment if allowed the same and thereafter the matter was placed before the Divisional Manager of W.B.S.E.D.C.L. and Divisional Manager was allowed said written prayer and directed reconnection of said STW line after paying of 1st installment dues by the Md. Musa and others and thereafter the opposite parties communicated the complainant and others through a letter dt. 6.3.2014 and thereafter Md. Musa and others were deposited 1st installment of Rs. 5,695/- on 15.3.2014 to the office of present opposite parties of which was already stated and thereafter on the same day on 15.3.2014 the said electric service line was reconnected in the paddy field of the Md. Musa and others and on 3.4.2014 the opposite parties and some technical staff inspected the said paddy field and took some photographs for evidence in presence of Md. Musa and others and it was found no damage or disadvantage for cultivation of paddy in the Boro season and thus the complainant will not entitled to get any relief as per prayer of the petition and the instant complaint case is liable to be dismissed with exemplary cost.
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition and denial of the written version of the opposite parties.
The answering opposite parties filed evidence on affidavit which transpires the averments of the written version so it is needless to discuss.
Complainant and opposite parties filed written notes of argument. The evidence on affidavit and written notes of argument of both sides are taken into consideration for passing final order.
Argument as advanced by the agents of the complainant heard in full.
From the discussion herein above, we find the following issues/points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1). Whether the Complainant Abdus Samad is a ‘Consumer’ of the Opposite Party? 2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3).Whether the OPs carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Abdus Samad is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant being the customer is consuming electricity as provided by the OP company and he is paying bills so the petitioner is a consumer of the OP and it is admitted by the OP Company being the service provider.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Hooghly. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The opposite party being the largest Electric Supply Company throughout the state having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. programs. So the role of OP Company for the development of the society is unquestionable.
The O.P.No.1 herein is the Station Manager and others are higher authority of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The O.P. Company is providing power in the rural areas in different projects for a long period. That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffers from paying accumulated units at a higher rate and fails to provide powers to the consumers after taking quotation money. As a result the consumers suffer a lot and make their grievances for remedy before the appropriate Forums. The inaction/negligence/ discrepancies of the OP Company tantamount to deficiency of service for which the consumers are suffering a lot.
Complainant being a consumer of the opposite party consuming power for running a submersible pump for irrigation purpose and paying bills regularly as generated by the opposite party. In the year 2007 & 2008 said submersible pump was not in operation due to theft of wire. Subsequently it was connected at the request of the complainant in the year 2010 after getting reconnection charge. For nonpayment of outstanding dues the opposite party disconnected the power connection of the complainant as there was outstanding dues amounting to Rs.35,512/-. The complainant assailed that no electric bill was issued for the period due to non consumption of electric supply and no notice has been issued before the disconnection and requested the opposite party No.1 to restore the power connection during the Boro season but the said OP did not provide power then the complainant paid a some of Rs.5695/- as 1st installment within Rs.35,512/- then the connection of the Md. Musha was reconnected but the petitioner did not pay anything like others so the opposite party disconnected his power connection and he compelled to file this case.
The opposite party in his written notes of argument averred that the complainant is a consumer but he is defaulter in paying electric bills. The due amount of Rs.35512/- for the period from October,2007 to august,2010 but the petitioner failed to deposit OSD amount in every time for this reason the Station Manager Khanyan disconnected the line with the help of his technical person. Thereafter the complainant and other user of STW Md. Musa, Abu Kasem submitted to the office of the opposite parties a written prayer jointly on 3.3.2014 for reconsider and reconnected said STW line and they further committed in the said prayer that they will repaid said outstanding dues of Rs. 35,512/- by 5 installment if allowed the same and thereafter the matter was placed before the Divisional Manager of W.B.S.E.D.C.L. and Divisional Manager was allowed said written prayer and directed reconnection of said STW line after paying of 1st installment dues by the Md. Musa and others and thereafter the opposite parties communicated the complainant and others through a letter dt. 6.3.2014 and thereafter Md. Musa and others were deposited 1st installment of Rs. 5,695/- on 15.3.2014 to the office of present opposite parties of which was already stated and thereafter on the same day on 15.3.2014 the said electric service line was reconnected in the paddy field of the Md. Musa and others and on 3.4.2014 the opposite parties and some technical staff inspected the said paddy field and took some photographs for evidence in presence of Md. Musa and others and it was found no damage or disadvantage for cultivation of paddy in the Boro season and thus the complainant will not entitled to get any relief as per prayer of the petition and the instant complaint case is liable to be dismissed with exemplary cost. Futher s8ubmitted that as per order of Ld. Court the complainant deposited Rs.17836/- on 5.8.2014 as 50% of OD but till date 50% of OD is due. The petitioner also failed to deposit electric bill so he is not entitled to get any relief and the complainant is enjoying power illegally without paying current bills.
After perusing the case record it appears that the complainant being the consumer of opposite party is consuming power in the STW connection for cultivating his land and paying bills and during that period from 2007 to 2010 there was an outstanding dues amount to Rs.35,512/- so the opposite party disconnected his power connection for defaulting the payment of outstanding dues. The complainant and other requested the opposite party to provide power by allowing easy installments and the opposite party allowed the prayer with liberty to pay the OSD in 5 installments but the complainant failed to provide the installments so his power was not reconnected. Then the complainant filed the instant case before this Forum praying directions as incorporated in the prayer portion of the complaint petition. This Forum allowed the interim petition u/s-13(3B) of the C.P.Act,1986 vide its order dated 16.7.2014 with a direction to pay 50% of the OSD. Since then the case is pending before this Forum. So from the documents and averments it transpires that the complainant is consuming power supplied by the opposite party but the outstanding amount remains unpaid as a result the opposite party disconnected the power connection of the complainant after serving notice. So the act of the opposite party is at per. The complaint case is that he prayed for power connection and compensation for mental agony & other sufferings. The answering opposite party restored the power connection of the complainant in accordance with the order of the Ld. Forum so the complainant taking advantage, kept a huge amount due. He filed the instant petition to avoid his liability of making payment of huge arrear bills. During the pendency of the complaint petition this complainant got interim order of reconnecting the power of the complainant by paying a sum of Rs. 17836/- availed of the recourse of this Forum but failed to show good gesture by paying the bills as per consumption as well as outstanding dues. The complainant produced not a scrap of paper in respect of payment of arrear bills and current bills. So the bonafide of the complainant is questionable.
It is true that having regard to the laudable object behind the legislation of the Act, to protect the interest of consumers, literal interpretation has to be placed on the scheme of the Act avoiding hyper technical approach. While passing any order regarding the billing dispute we have to think that the bill raised by the OP/WBSEDCL is public money. And if there is any dispute regarding the bill then the complainant should approach the Central Grievance Redressal Officer. The general phenomenon of electric connection is that the complainant is under obligation to pay bills as per his/ her consumption. As per Electricity Act, 2003 and West Bengal Regulatory Commission Regulation, 2004 in case of disputed or erroneous bill the power has vested to the Regulatory Authority to assess the said bill and in this respect the Consumer Forum has no power. If any dispute arising out of billing then this Forum has no authority to interfere. Any dispute rather than the billing dispute and theft & pilferage of power, only the deficiency of service of the opposite party is tenable before this Forum.
From the above discussion we may come into this conclusion that the complaint before coming before this Forum for redressal should come with clean hands. It is the maxim of equity that “He who comes into equity must come with clean hands”. As the complainant could not prove his case by producing sufficient documents that opposite party is deficient in providing service to its consumer, so the prayer for relief before this Forum is not tenable.
4). whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the complainant could not able to prove his case. So the Opposite Party is not liable to pay any compensation to this complainant.
ORDER
Hence, ordered that the complaint case being No.55/2014 be and the same is dismissed on contest against the opposite party, with no order as to cost.
Interim order if any is vacated.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.
