This case has been initiated by complainant against the opposite parties praying for direction to disconnect the power supply with the meter lying in the dilapidated building and to refund security deposit with effect from 1.5.2017. Complainant has also prayed for direction upon opposite parties to make payment of Rs. 80,000/- for harassment and mental agony and also has prayed for litigation cost of Rs. 15,000/- including other reliefs.
In epitome the complainant case is that complainant is residing in the address mentioned in the cause title of the complainant.
Opposite party is a State Govt. employee of WBSEDCL posted as a station manager/ assistant engineer at Khanyan (CCC) P.S. Mogra, Dist. Hooghly. Complainant states that he purchased a piece of bastu land mentioned in details in paragraph no. 3 of the complaint and he made a prayer on 8.3.2019 for permanent disconnection of power supply along with disconnection charge of Rs. 1/- by cash which was paid on 25.4.2017, security deposit Rs. 341/- was paid on 2.1.2017. Inspite of reminders dt. 14.12.2018 and 19.2.2019 opposite party failed to reply to the office superiors memo no. CE/CRM/Grievance/ BDZ/T-2 thereafter in connection with another reminder dt. 8.2.2019 opposite party replied on 11.3.2019. Opposite party is drawing illegal tariff revenue from third party who has no locus standi and lost all legal battles.
Complainant submitted all legal documents in person and through his father, the constituted attorney of complainant. Complainant in paragraph no. 7 of complaint mentioned specific Misc. Appeal no. 88 of 2016 mentioning that Ld. District Judge, Hooghly dismiss the order of relevant temporary injunction on contest on 31.8.2016.
Complainant also states that opposite party mentioned W.P. no. 14364 (W) of 2017 in his memo no. KHN/Grievance/1516 dt. 11.3.2019 which was mislead and misunderstood and Hon’ble High Court dismissed the said writ petition.
It is stated by complainant that Ld. Civil court and Hon’ble High Court categorically found that complainant is the legal owner and has possession of the said property.
Complainant further states that opposite party ignored all please arguments and also legal representations including violation of different Court’s order and this Forum.
Complainant also states that complainant is a legal owner of the property in question and the opposite party is service provider and opposite party carried out unfair trade practices and rendered deficiency in service and drawing illegal revenue inspite of accepting disconnection charge of power supply. It is also alleged by complainant that opposite party has deliberately overlooked and ignored ld. Civil Court’s order and committed a great deceitful action.
The opposite party has contested the case by filing written version denying inter-alia all the material allegations as lebelled against him. This opposite party submits that he is officiating as Station Manager of Khanyan CCC W.B.S.E.D.C.L. and he has no personal responsibility by his name to conduct his duty as Station Manager. O.P. further states that complainant made a prayer for permanent disconnection for Electricity Service vide consumer no. 163134267 dt. 24/03/2017. Thereafter Station Manager issued quantum for permanent disconnection of Rs. 470/- vide memo. no. 154 dated 24/04/2017 and complainant deposited Rs. 40/- vide memo. no. 154 dated 24/04/2017 and complainant deposited Rs. 410/- on 25/04/2017. Thereafter the then Station Manager went to disconnect said service line with technical staff in presence of representative of complainant and objectioner, Ardhendu Neogi of “Amra Kajan Club” raised period objection with his club members.
Subsequently present O.P. issued a letter date 03/05/2017 vide memo. no. 225 and informed not effected the said disconnection to the complainant. After one year interval on 14/12/2018 complainant replied .The present O.P. went through all legal documents and for gravity of the matter forwarded to his higher authority. Subsequently legal opinion was received from legal cell of W.B.S.D.C.L. on 05/03/2019 and the present O.P. replied and drew complainant’s attention regarding permanent disconnection of Con. Id. no. 163134267. Said Ardhendu Neogi raised another written objection for not to disconnect for above service connection which is existing at the club premises. Moreover, Mr. Neogi drew the attention of one Writ petition before the Hon’ble High Court, Calcutta. O.P. further states that complainant files a Writ petition before the Hon’ble High Court, Calcutta, being W.P. No. 14364 and Hon’ble High Court dismissed the said Writ petition on 25/04/2018 in favour of W.B.S.E.D.C.L. the present O.P. and Amra kajan Club.
O.P. further states that complainant filed another Writ petition no. 14566 of 2018 before Hon’ble High Court Calcutta and said Writ petition is pending. O.P. further submits there is no deficiency of service failed on the part of the present O.P. Ultimately O.P. has prayed dismissal of the case 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 not4es 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 and the opposite parties heard in full.
From the discussion herein above, we find the following issues/points for consideration.
Issues/points for consideration
- Whether the complainant is the consumer of the opposite party or not?
- Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
- Whether there is any deficiency of service on the part of the opposite party?
- Whether the complainant is entitled to get relief or not?
DECISIONS WITH REASONS
All the points are taken up together for easiness of the discussions of this case.
- In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite party.
- Both the complainant and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs. 2,00,000/- i.e. limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
- It may be pointed out that Ld. Advocate appearing for the complainant highlighted one copy of order dated 24/09/2019 in connection with W.P. NO. 16903 (W) of 2019 of the Hon’ble High Court, Calcutta and also submitted that as per direction of the said order the CESC authority have disconnected the electricity supply line from the spot in question. The Ld. Advocate further submitted that in view of the present complaint O.P. may be directed to pay Rs. 80,000/- for physical harassment and mental agony and O.P. may further be directed to pay Rs. 15,000/- towards litigation cost.
On the other hand Ld. Advocate appearing for the O.P. has strongly challenged the argument advanced by Ld. Advocate of complainant and he further argued that it is complainant who has sought for redressal of the subject matter in question before the Hon’ble High Court, Calcutta and Hon’ble High Court, Calcutta in view of the aforesaid order passed necessary direction and as such this Forum has no scope to impose any cost or other award etc. to the complainant as because on the same subject matterHon’ble High Court, Calcutta passed necessary order and as such question of awarding any litigation cost including other cost whatsoever cannot and does not arise.
This Forum finds spirit and force in the submissions for Ld. Advocate of the O.P. This Forum has carefully gone through the copy of said order date 24/09/2019 relating to W.P. NO. 16903 (W) of 2019 of the Hon’ble High Court, Calcutta. This Forum is of the view that if complainant wanted to have litigation cost etc. complainant could easily placed such submission before the Hon’ble High Court, Calcutta, but we are noticing Hon’ble High Court, Calcutta by the said order has disposed of the said Writ Petition wherein there is no whisper of any payment oflitigation cost etc., on contrary we are noticing that present complainant has been directed to borne the cost of police assistant relating to the disconnection of the electric supply line. So, it is palpably clear that Hon’ble High Court, Calcutta did not direct the present O.P. to pay any cost to the present complainant.Obviously this Forum is of the view that prayer of complainant appears to be sans any substance.
It may be noted that in the above backdrop certainly complaint cannot get any cost and instant case is liable to be dismissed.
Hence,
it is,
ordered
that the complaint case no. C.C/41/2019 be and the same is dismissed on contest without cost. However, it is to be clear that in the event complainant will pray for refund of security deposit in connection with concerned electric meter to the CESE Authorities, said authorities will refund the security deposit of the complainant with interest to him, if complainant by this time did not withdraw the security deposit.
Let copy of this order be supplied free of cost to the parties/ their Ld. Advocates on record by hand with proper acknowledgement/ send by ordinary course for information and necessary action.
