District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 32/2015
Amitava Chatterjee
S/o Rajat Chatterjee
Vill.: Chakbhabani (Opp to the LIC Office),
PO & PS: Balurghat,
Dist. Dakshin Dinajpur ………………Complainant(s)
V-E-R-S-U-S
1. The A. E. & Divisional Manager,
Balurghat Consumer Care Centre,
West Bengal State Electricity Distribution Co. Ltd.
PO : B.T. Park, P.S.: Balurghat
Dist.: Dakshin Dinajpur.
2. The Assistant Manager (P & A)
Dakshin Dinajpur (D) Division,
West Bengal State Electricity Distribution Co. Ltd.
P.O & P.S: Balurghat, Dist.: Dakshin Dinajpur.
3. The Divisional Engineer & Division Manager,
Dakshin Dinajpur (D) Division,
West Bengal State Electricity Distribution Co. Ltd.
PO & P.S.: Balurghat.
Dist.: Dakshin Dinajpur. …………………Opposite Parties
Ld. Advocate(s):
For complainant …………… - Shri Bidyut Kr. Roy, &
- Shri Avijit Roy
For OP Nos. 1, 2 & 3 …………… - Shri Sudip Chatterjee
Date of Filing : 16.06.2015
Date of Disposal : 22.12.2015
Contd…P/2
Judgment & Order dt.22.12.2015
Fact of the case in brief is that the complainant is a bona fide consumer under West Bengal State Electricity Distribution Co. Ltd. (W.B.S.E.D.C.L.) having consumer ID No. 433003650 the complainant has been paying bills for the consumption of electricity sent by the OPs regularly. Subsequently, the OPs made a fictitious bill on the basis of the consumption of units as 342 claiming the bill amount of Rs.7,340/-. If paid within 19.6.2015 the computing amount as Rs.5,908/- and Rs.733/- if paid within 18.7.2015. The amount claimed by the OPs is totally hypothetical and fictitious.
Due to such illegal claim made by the OPs the complainant has suffered mental pain and agony. Accordingly, the complainant has prayed for compensation of Rs.10,000/- and Rs.40,000/- towards damages.
The OPs have contested the case by filing written version whereby the OPs denied all the material allegations of the complaint. It was specifically stated that the complainant is not at all a consumer under Balurghat CCC. The name of consumer is Nikunja Behari Chatterjee vide Consumer ID No. 433003650 and when the allegation firstly brought before the OP No.1 by the complainant when it came to knowledge of the OP-1 that the actual consumer died a long ago and in the said premises his son and family members are residing. At the time of getting any connection an agreement has to be signed by the beneficiary when the consumer died the agreement became void and no one can claim any relief against the OP-1. If the complainant wants to be a consumer under the company he should have to apply and should also follow the provisions and after that the applicant can be considered as the consumer under the company.
Contd…P/3
Bill under the customer ID was not properly paid within stipulated time the actual consumer did not pay an amount of Rs.15,244/- for the month of September, 2011. Since that time and knowing the facts that the bill was paid of Rs.5,000/- out of outstanding amount of Rs.15,244/- and then the outstanding remained of Rs.15,244 on 16.3.2015 and still then after outstanding amount of Rs. 11,495/- till the month of September, 2011 and the complainant did not pay the bill for the months of March to May, 2015 and due to late payment of that amount due Rs.3,842/- has been raised in the month of March, 2015 invoice No.44001614108 as per WBERC. Accordingly, the OPs have prayed for dismissal of the case and necessary direction be given to the complainant for payment of the outstanding amount.
On the basis of the pleadings of the respective parties following points are to be determined:-
- Is the complainant a consumer under the OPs?
- Whether the complainant paid the bill during the period as claimed by the OPs?
- Is the amount laying due from the complainant of the OPs?
- Whether the complainant will be entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of the facts.
Ld. Lawyer for the complainant argued that the complainant paid all the electric bills but suddenly a fictitious bill was sent by the OPs claiming an amount of Rs.7,340/- and also claim of Rs.3,842/- those bills are claimed by the OPs are totally false and frivolous and manufactured one. The complainant is not liable to pay the outstanding bill as claimed by the OPs. The Ld. Lawyer for the complainant emphasized that in view of facts and circumstances of the stated above the complainant be exempted from payment the amount as claimed by the OPs and also prayed for compensation.
Contd…P/4
Ld. Lawyer for the OPs argued that Nikunja Behari Chatterjee was a consumer and after his death his legal heirs did not take any step for substituting the name of the deceased by inserting the name of his legal heirs. It was also argued that since at the time of obtaining electric connection an agreement is entered into between the complainant and OPs and on death of original consumer the said agreement does not exist. Since the complainant was fully aware that the actual consumer did not pay an amount of Rs.15,244/- for the month of March, 2011 and knowing the said fact the complainant paid only Rs.5,000/- on 16.3.2015 keeping the outstanding amount of Rs.11,495/- and the complainant did not pay the subsequent bill and in order to avoid to pay the outstanding amount, the complainant has rushed to this Forum seeking relief which is not at all feasible and the complainant should not be given any relief as sought for.
Considering the submission of the respective parties it appears that the complainant though he was aware that his grandfather died long ago but he did not regularize the said fact by substituting the legal heirs of said Nikunja Behari Chatterjee. From the materials on record it is found that the complainant paid the amount of Rs. 5,000/- only out of outstanding amount of Rs.15,244/- keeping the outstanding amount of Rs.11,495/- and subsequently he did not pay the bill for the months of March to May, 2015 the electricity charges of Rs.3,842/-. Therefore, from the said fact it is clear crystal that the complainant has failed to pay the outstanding amount of Rs.7,340/- + Rs.5,908/- Rs.733/-and Rs.3,842/- the totaling a sum of Rs.17,823/-. The complainant did not come with clean hands and in order to avoid for payment of outstanding amount and this case was filed on the basis of some manufactured allegations against the OPs. Therefore, we hold that the complainant will not be entitled to get any relief as sought for by him.
Thus, all the points are disposed of accordingly.
Contd…P/5
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.32/2015 is dismissed on contest without any cost.
It appears from the case record that the outstanding amount remaining due to the OPs is of Rs.17,823/- and the complainant is directed to pay the said outstanding entire amount in 10 (Ten) equal installment but last installment is to be paid in excess of the equal installment due to liquidating the arrear dues.
The first of such installment is to be paid within 15th day of January, 2016 and subsequent installments are to be paid within 15 day of each succeeding month.
The complainant must pay the current bill that will be sent to him by the OP No. 1.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
…………………….…….
(Sambhunath Chatterjee)
President
We concur,
………..…… …………..……..
(S. Saha) (S. Ganguli)
Member Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
-x-
