West Bengal

Paschim Midnapore

CC/86/2017

Smt. Shyamali Ghosh - Complainant(s)

Versus

The Assistant Engineer & Station Manager, W.B.S.E.D.C.L. - Opp.Party(s)

Somasish Panda

25 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                            

 Bibekananda Pramanik, President,

Pulak Kumar Singha, Member

and

Sagarika Sarkar, Member

   

Complaint Case No.86/2017

 

   Smt. Shyamali Ghosh, W/o-Rajib Ghosh , Vill-Mawa,  P.O.-Barachu,  P.S.-Kharagpur (L),

 District- Paschim Medinipur..…….……Complainant.

              Vs.

 

                 The Assistant Engineer & Station Manager, Madpur CCC,

                                    Vill & P.O.-Madpur, P.S.-Kharagpur(L),

                        Dist-Paschim Medinipur……………… .Opp. Party.

                                                    

            For the Complainant  :  Mr. Somashis Panda, Advocate.

            For the O.P.                 : Mr. Debiprasad Dasmahapatra, Advocate.

                                                                    

                                                                                           Decided on: -25/09/2017                             

                                

ORDER

                         

                        Sagarika Sarkar, Member – This instant case is filed u/s-12 of the C.P. Act, 1986 by the complainant Smt. Shyamali Ghosh alleging deficiency in service on the part of the above mentioned O.P.

Case of the complainant, in brief, is that the complainant had been enjoying domestic electricity connection having consumer I.D. No.2010769963 and make payment of the electricity bill regularly. It is stated by the complainant that suddenly on 20/04/2017 some persons entered into the complainant’s house and cut off the electricity line. On enquiry the complainant came to know they cut off the said

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                                                                              ( 2 )

connection on behalf of the O.P.  due to non-payment of electricity bills and they also wrote down in the yellow card.

The complainant therefore rushed to the office of the O.P. to know the actual reason of such disconnection since she had paid all bills raised  by the O.P. where a notice dated 20/04/2017 was handed over to her which reflects that an amount of Rs.15,561/- was remaining as outstanding dues in respect of a connection having consumer I.D. No.21216348. It is stated in the petition of complaint that the said connection has never been connected to the premises of the complainant and, therefore, the said disconnection of the electricity connection having consumer I.D. No.2010769963 was illegal. Accordingly the complainant has prayed for direction upon the O.P. to restore the electric connection, to pay Rs.50,000/- towards compensation and to pay Rs.5,000/-towards cost of litigation.

The O.P. contested the case by filing written version denying and disputing all material allegations contending, inter alia, that the husband of the complainant had been enjoying a commercial connection having consumer I.D. No.212160248 and meter No.HH317039 in the premises of the complainant. It is also stated by the O.P. that during electrification of the village Mawa the complainant applied for domestic connection suppressing the fact that there was a commercial connection existing in the name of Rajib Ghosh in the said premises and in response to the application a domestic connection having consumer I.D.201769963 was allotted to the premises of the complainant on 10/07/2015 by BRGF Agency (Larsen and Toubro Ltd.). It is further stated by the O.P. that at the time of  meter reading it was found that complainant used said domestic electricity connection for commercial purpose for their   stationary cum tailoring  shop ran by complainant’s husband and it was also found that there was a commercial meter having consumer I.D. No.212160248 and meter no.HH317039 which was stood in the name of complainant’s husband, was missing in the said  premises at the time of inspection on 20/04/2017 and the inspector disconnected the domestic connection of the  complainant for  violation of electricity Rules by suppressing the facts. The O.P. further stated that the dispute has been arose in connection with a commercial electricity connection and the Consumer Forum has no jurisdiction to entertain the same. According to the O.P.-WBSEDCL they have no deficiency in providing service to the complainant nor they have adopted unfair trade practice and therefore, the O.P. has prayed for rejection of the petition of complainant with cost.

Both parties adduced evidence on affidavit.   

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                                                                                  ( 3 )                

                                                                                                        

                           Points for  determination

1. Whether  the complainant is a consumer under the O.P.
2. Whether the O.P. has deficiency in service.
3. Whether the complainant is entitled to the relief as prayed for.

                    Decision with reasons

Point No.1.

The complainant availed of service provided by the O.P.-WBSEDCL  against payment of consideration amount in respect of a domestic connection of electricity and thus became consumer under the O.P.

Point no.1 is decided accordingly.

              Point no.2.

The complainant has alleged that though she paid the bills raised by the O.P. in respect of connection having consumer I.D. No.2010769963 regularly but the O.P. disconnected the same for non-payment of outstanding dues  of Rs.15,561/-. The specific defense of the O.P. is that on an enquiry the O.P. officials found that the husband of the complainant obtained a commercial connection having  consumer I.D. No.212160248 meter no.HH317039 earlier and after having a domestic connection removed the said meter and misplaced the yellow card  in connection of the same and ran the tailoring business from the said domestic connection. Finding such facts the O.P.   served notice upon the complainant in the name of her husband for making payment of outstanding amount in respect of commercial meter having consumer connection I.D. No.212160248 and submit the meter having No.HH317037 within three days but none turned up and having no other alternative the O.P.  has disconnected the  domestic connection stood in the name of  the complainant’s husband. It  appears from the record, particularly the notice dated 24/04/2017  the O.P.-WBSEDCL authorities admitted that  they have disconnected the domestic connection  at the complainants residence on 20/04/2017  and subsequently served a notice dated 24/04/2017 upon the complainant’s husband asking to make payment for the outstanding dues. As regard this we are inclined to hold that a notice ought to have been served upon the consumer asking for making payment of outstanding dues within a reasonable spell of time and had the consumer failed to make payment within the said spell of time then the electricity supply line would have  been disconnected. In fact, in the instant case the complainant got no opportunity to make payment of outstanding dues, if any. Further, no step like lodging FIR or G.D. with the local P.S. has been taken by the O.P.  so far

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regarding the alleged disappearance of commercial meter from the complainant’s premises. Without serving prior notice upon the complainant disconnection of  the electricity supply line amounts to deficiency in service on the part of the O.P.          

                                                                                                              

Point no.2 is decided accordingly.

               Point no.3.

The O.P.-WBSEDCL disconnected the domestic connection of the complainant for  alleged non-payment of outstanding amount of Rs.15,561/- in respect of another connection in the same premises. As it is found that no prior notice has been served upon the complainant for making payment of outstanding dues and as such the said disconnection is considered deficiency in service on the part of the O.P.  In such view of the matter O.P. is liable to reconnect the said electricity supply line within 7 (seven) days from the date of this order.

Considering the entire state of affairs particularly, which has been reflected from the letter dated 24/04/2017 we are inclined to pass no order of compensation or cost.                                                                                                                 

Point no.3 is decided accordingly.

                      In the result the consumer complaint succeeds in part.

                                 Hence, it is,

                                                          ORDERED

                                   that the consumer complaint case being no. 86/2017 is allowed in part on contest but without any order as to cost.

                                   O.P. is directed to reconnect the domestic connection having I.D. No.  

            201769963, within  7 (seven) days from the date of this order.

                                  No order of compensation or cost.

                                  Thus the consumer complaint being no.86/2017 is disposed of.

                   Let plain copy of this order be given to the parties free of cost.

         Dictated and Corrected by me

                      Sd/- S. Sarkar                            Sd/-P.K. Singha                        Sd/-B. Pramanik. 

                        Member                                         Member                                   President

                                                                                                                          District Forum

                                                                                                                       Paschim Medinipur