IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/138/2014
Date of Filing: 20.10.2014. Date of Final Order:29.04.2015.
Complainant: Abdul Moyed Mondal, S/o Late Abdul Khalek, Vill. Krishnapur
P.O. Diara, P.S. Sagardighi, Dist. Murshidabad, Pin: 742 122.
-Vs-
Opposite Party: Station Manager, WBSEDCL, Sagardighi CCC, P.O&P.S. Sagardighi,
Dist. Murshidabad. Pin Code- 742 122.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra …………………… Member.
Smt. Pranati Ali ……….……………….……………. Member.
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
Brief fact of the complainant’s case u/s 12 of the C.P. Act, 1986 , is that the complainant is consumer of the OP/Station Manager, WBSEDCL, Sagardighi by paying amount of bills of his paddy grinding mill regularly. Due to financial crisis the complainant failed to pay bills of the month of October, 2013 to March, 2014. Afterwards, when the complainant met with the OP for negotiation of the matter, then on 21.05.2014 the complainant and OP jointly made a settlement vide order No. SDI/390, that the complainant will pay the total amount of Rs.69524/- in four installments of Rs.11666/- for each. But after payment of two installments the complainant stopped payment due to financial crisis and later requested the OP to take 3rd installment and make his installments 12 in number, which is easy to pay for him. The Op refused to take third installment and asked for full payment at a time otherwise the said electric line will be disconnected. Then the complainant came to this Forum for proper redress.
On the other hand the OP/Station Manager, WBSEDCL, Sagardighi , CCC entered into this case by filing written version, where he denied the allegation of negligence or deficiency in service on his part. The OP also stated that the complainant will not get second time installment facility, as because he failed to comply the first time installment settlement with same outstanding amount. So, the complaint is liable to be rejected.
The only point for consideration is whether the complainant is entitled to get any relief as prayed for or not and whether there is any deficiency in service on the part of the OP as alleged or not.
Decision with Reasons.
The complainant in support of his case has submitted Xerox copies of Installment Bill dated 21.05.2014, payment receipts as well as unpaid installment bill amounting Rs.46,192/-.
The only admitted position of this case is that the complainant was given the installment facility by the OP, after first time defaulter with the outstanding amount of Rs.69,524/- on 21.05.2014. Dispute started when the complainant failed to pay the third installment after giving two consecutive installments out of total six installments. In addition, he requested to the OP to make twelve equal installments of his rest unpaid four installments amounts i.e. Rs.46,192/- , considering his financial crisis. The OP was not agree with that , so in the written version, it was c early mentioned that as per rule they cannot allow second time installment facility the complainant have to pay full due amount at a time.
On perusal of the submitted documents it is evident that which statement OP stated in the written version that was really written in the installment bill as a notice and/or warning of non-compliance of settlement. In a simple language it is that once installment facility was given to the complainant, so according to rule, second time defaulter will not get any installment facility. We observed that on the other hand the complainant was willing to pay the dues, so be paid two installments proved by the receipts but due to crisis, he failed to pay and requested for more easy payment, which will be possible for him. But the complainant should realize the duty of a good consumer/citizen to obey the rule/system of everything existing in the country. So when he consumed electricity, then he have to pay the bills, where as the OP as a service provider tried his best to make easy to the complainant by settling installment bill. However, our considered view on the basis of the crisis of the complainant that the OP also have to adjust with this practical hard situation of the complainant, because really without electricity his earnings will be stopped.
This being the situation, in the given facts and circumstances of the case coupled with the documents we are of the view that both the parties should co-operate with each other, so though OP cannot be liable for deficiency in service but should accept the installment payment. On the other hand the complainant is entitled to get relief, but not fully as he prayed for. As because the complainant requested for 12 installments instead of 04 installments which is not practically possible. But considering the financial crisis of the complainant, we have a sympathetic view for a natural justice that the complainant should give at least 05 equal installments for his unpaid amount of installment bill. Regarding prayer for cost and compensation we did not find any cogent ground, whereas the complainant himelf is a defaulter and for that we have the opinion that the complainant is not entitled to get any other relief as compensation.
Thus the case succeeds.
Hence,
ORDERED
that the Consumer Complaint No. 138/2014 be and the same is allowed on contest without any order as to cost.
The OP/Station Manager, WBSEDCL, Sagardighi is hereby directed to modify the installment in 05 equal installments of the unpaid amount of Rs.46,192/- in 05 consecutive months and after preparation send to the complainant within 20 days. And the complainant is directed to pay the modified bill prepared by the OP accordingly within 05 consecutive months. The OP is at liberty to disconnect the electric line if the complainant again failed to pay the bill/ not comply this order.
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.
