DATE OF FILING : 28.01.2016.
DATE OF S/R : 18.04.2016.
DATE OF FINAL ORDER : 01.03.2017.
Smt. Durga Rani Parui,
wife of late Balai Parui,
residing at Dafarpur ( Panchanantala),
P.O. Dafarpur, P.S. Domjur,
District Howrah, PIN 711405. ………………………………………… COMPLAINANT.
- The A.E. & Station Manager,
Domjur CCC, WBSEDCL,
Domjur Customer Care Center,
Village and P.O. & P.S. Domjur,
Howrah 711 405.
- Krishna Parui,
son of late Madhusudan Parui,
of village Dafarpur ( Panchanantala ), P.O. Dafarpur,
P.S. Domjur, District Howrah,
PIN 711405. …………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioner, Smt. Durga Rani Parui, against A.E. & Station Manager, Domjur CCC and one Krishna Parui praying for a direction on the o.p. no. 1, A.E. & Station Manager, WBSEDCL, Domjur, for rendering electric connection in the name of the petitioner at dag no. 1578 of the petitioner to the meter no. LS 2340 Consumer C 213571 within mouza Dafarpur, P.S. Domjur, Howrah, and to pay compensation of Rs. 50,000/- for mental agony and harassment.
- The case of the petitioner is that she applied for domestic electric connection before the o.p. no. 1, Domjur CCC and the o.p. no. 1 investigated as per rule and the electric connection was delivered in favour of the petitioner with consumer no. C 213571 dated 08.10.2004, meter no. LS 233046 in the land of the petitioner being dag no. 1578, khatian no. 1133 mouza Dafarpur, P.S. Domjur. The petitioner has been enjoying electricity peacefully and uninterruptedly since 08.10.2004 to May, 2015 paying the regular bills. Suddenly on 31.5.2015 at 4 p.m. the o.p. no. 1 in collusion with o.p. no. 2 disconnected the meter of the petitioner without her consent in spite of the petitioner paid the electric bills up to date till May, 2015. The petitioner visited the office of the o.p. no. 1 and requested him to reconnect the electric connection and lastly on 20.1.2016 the petitioner visited the office of o.p. no. 1 and requested him to connect the aforesaid meter but the o.p. no. 1 advised him to take shelter of law. Thus finding no other alternative the petitioner filed this case as the o.p. no. 1 is guilty of gross negligence and deficiency in service on their part.
- The o.p. no. 1, WBSEDCL, contested the case by filing a written version denying the allegations made against them and submitted that the petitioner has no cause of action to file the case as it is not maintainable and this is not a consumer dispute and the petitioner has not approached the forum in clean hands and is not entitled to the relief as prayed for. The o.p. no. 1 further submitted that this petitioner is existing consumer of Domjur CCC since 02.10.2003 and the office record shows that Durga Rani Parui has his consumer I/D no. 135009571 and the same connection never disconnected till date. However, on 08.6.2015 Sunil Parui, Sushil Parui, Krishna Parui and Nirmal Parui submitted a letter dated to Howrah Division II Office alleging Durga Rani Parui got electric connection without dividing the plot and they requested Durga Rani Parui to shift the meter from existing place because they claimed that place where the meter exists is their property. However on 16.2.2016 the men of o.p. no. 1 visited the premises of Durga Rani Parui at about 4. 35 p.m. and during inspection it was revealed that service connection of Durga Rani Parui was well connected and they got the reading being 1596 unit. Also Durga Rani Parui admitted in writing that her service connection has never been disconnected by Domjur Electric office. The last bill generated in favour of Durga Rani Parui was on 2.2.2016 with 1578 units consumption. However, Durga Rani Parui applied for shifting her meter from the existing place to her premises on 24.9.2014. Inspection was made by technical personnel and quotation raised being Rs. 800/- for shifting and Rs. 12,555/- for PCC pole and allied works. She did not submit the quotation amount. She has been enjoying electricity and her connection was never disconnected as admitted in writing. Thus there is no dispute between the consumer and service provider and so the case is false and baseless and the shifting could not be done due to non payment of quotation amount.
- Upon pleadings of parties the following points arose for determination :
- Is the case maintainable in its present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.Ps., WBSEDCL Ltd. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- All the issues are taken up together for the sake of convenience and brevity for discussion and to skip off reiteration. In support of his case the petitioner filed affidavit as well as documents showing that there are current electric bills in the name of the petitioner and the same was never disconnected as could be noticed from the letter dated 11.1.2016 written to Assistant Engineer cum Station Manager, Domjur CCC by said Durga Rani Parui stating that one Krishna Parui tore the electric line and she informed the matter in the electric office but none came and no result yielded and so she filed the case but later on she found that there is electric line in his house. Thus, her own letter dated 11.11.2016 proved the fact that there was no disconnection of electricity from her house and there was all along electric connection and she suppressed all this material facts and filed this case for which she must be penalized. Considering all aspects of the matter this Forum finds that in the instant case the petitioner has not approached the Forum with clean hands and even if she had electric connection in her house yet she filed this case on false facts and later on she categorically submitted before the Assistant Engineer, Domjur CCC, that there is electric current in her house. A further case noticed here that she wanted shifting of her electric connection meter and for that purpose in spite of investigation and quotation yet she did not deposit the quotation amount for shifting the electric meter. Thus filing a false case and wasting material time of the Forum this Forum finds that the case is liable to be dismissed with costs.
In the result, the application fails.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. No.29 of 2016 be and the same is dismissed on contest with cost against the petitioner Durga Rani Parui.
The petitioner no. 1 is directed to deposit a cost of Rs. 10,000/- in favour of the Consumer Legal Aid Account of this District Forum within 30 days from the date of this order failing suo moto execution case would be drawn against her after expiry of the above period.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
