Ld Advocate for the complainant is present. Judgement is ready. It is delivered in open Commission.
BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that the complainant is a permanent inhabitant of the above mentioned address. The Complainant is a bona fide consumer of Electricity under Tariff Class-A (CM-R) at his Das Muri Mill Premises at the above noted address, having his service connection No. (Consumer ID) 200993540, which he runs for maintaining his livelihood, since last 7/8 years under Opposite Party. The service connection was effected on 25.02.2014 on which the Op issued quotation vide quotation Memo No. 2001125935/Quot/03 dated 25.02.2014 as per his application and an amount of Rs. 3004/- was demanded through the same, and the same was realized by them on 23.07.2014 vide two receipts. The complainant was paying regular bills as issued by the Op, and till date not even a single bill or a single penny is due on the part of the complainant. In support of the above claim of the complainant copy of last few money receipts are filed herewith, and thus it is needless to mention here that all the bills generated till date have been duly paid by the complainant. Despite that on 01.10.2021, suddenly the staff of Op came to the premises of the complainant, and forcefully disconnected the very essential service connection line of the complainant without any notice and/or prior intimation, and of course, showing no reason whatsoever. Thereafter, when the complainant visited Op’s office for several times but he paid no heed, and took no effort to reconnect the service line and thus he has been causing a huge business loss the same and to send true bill by taking actual meter reading. It is quite hopeless to mention you that, till date the Op took no effort to reconnect the service line and did not show any reason for such illegal disconnection, issued no notice etc, rather it appears that the Op took an illegal and negligent effort to do such illegal act, which tantamount to negligence and deficiency in rendering service, causing a huge business loss and mental agony to the complainant. Finding no other alternatives the complainant filed this case before the Commission praying for reliefs : To pass necessary order/s against the Op to re connect the very essential service connection at the Muri Mill premises of the complainant with immediate effect. To pay a compensation of RS. 100,000/- to the complainant by Opposite Party for negligence and deficiency in service. To pay litigation cost of Rs. 10000/- to the complainant for conducting this case and to grant relief as the Ld. Commission may deem fit and proper.
Notice of the case was duly served upon the op. The op did not prefer to contest the case and opted to see the case is decided ex-parte against it.
Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused the affidavit of the complainant and evidence produced by Complainant. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the supply of electricity by the O.P. The case is maintainable in its present form and in law.
Now, it appears that the complainant by his un controverted examination-in-chief on affidavit has stated that
The Complainant is a bona fide consumer of Electricity under Tariff Class-A (CM-R) at his Das Muri Mill Premises at the above noted address, having his service connection No. (Consumer ID) 200993540, which he used to run for maintaining his livelihood since last 7/8 years under Opposite Party. The service connection was effected on 25.02.2014 against quotation Memo No. 2001125935/Quot/03 dated 25.02.2014 as per his application and an amount of Rs. 3004/- was demanded through the same, and the same was realized by them on 23.07.2014 vide two receipts. The complainant was paying regular bills as issued by the Op, and till date not even a single bill or a single penny is due on the part of the complainant. In support of the above claim of the complainant copy of last few money receipts are filed herewith, and thus it is needless to mention here that all the bills generated till date have been duly paid by the complainant. Despite that on 01.10.2021, suddenly the staff of Op came to the premises of the complainant, and forcefully disconnected the very essential service connection line of the complainant without any notice and/or prior intimation, and of course, showing no reason whatsoever. Thereafter, when the complainant visited Op’s office for several times but he paid no heed, and took no effort to reconnect the service line . The Op took no effort to reconnect the service line and did not show any reason for such illegal disconnection, issued no notice etc, rather it appears that the Op took an illegal and negligent effort to do such illegal act, which tantamount to negligence and deficiency in rendering service, causing a huge business loss and mental agony to the complainant. Finding no other alternatives the complainant filed this case before the Commission praying for reliefs
So, from the above unchallenged evidence on record it is established that on 01.10.2021, the Op disconnected the essential service connection line of the complainant without any notice and/or prior intimation, and showing no reason whatsoever. Thereafter, when the complainant visited Op’s office for several times but he paid no heed, and took no effort to reconnect the service line . The Op took no effort to reconnect the service line and did not show any reason for such illegal disconnection, issued no notice etc, rather it appears that such acts, tantamount to negligence and deficiency in rendering service, causing a huge loss and mental agony to the complainant. The complainant is entitled to get the reliefs ; To get Re-connection of electric supply immediately however within 30 days from the date of this order; to get Rs. 5,000/- as towards compensation and Rs. 5,000/- as towards litigation cost which to be adjusted with the electric bill from the coming months within June 2023.
Thus both the points are decided in favour of the complainant.
Hence, it is
O R D E R E D
That CC/128 of 2021 be and the same is allowed ex parte against the OP.
The Opposite Party is hereby directed to :
1. Give Re-connection of Electric supply immediately in “Das Muri Mill” of complainant ,however within 30 days from the date of this order;
2. Pay Rs. 5,000/- as towards compensation and Rs. 5,000/- as towards litigation cost to the complainant within one month from the date of this order.
The complainant will be at liberty to put this order into execution if requires.
Let copy of the judgment be supplied to the complainant free of cost.
