DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 05 of 2019

 

Sri Satya Ranjan Bhattacharjee,

S/O.Lt. Kamalakanta Bhattacharjee,

Of Jagatpur, P.O.-Abhoynagar,

P.S.-East Agartala, Dist.-West Tripura,

Pin-799005.….......................................................................................................Petitioner. 

 

 

    -VERSUS-

 

 

1. The Chairman-Cum-Managing Director,

T.S.E.C.Ltd. Bhutoria Complex, Near Bodhjung School,

Agartala, West Tripura.

 

 

2. The Sr. Manager,(Revenue), 

T.S.E.C.Ltd. Div-(V), (G.B),

79, Tilla, Agartala, West Tripura.

 

3. Mr. Manoj Kumar,

The Secretary, Govt. of Tripura,

New Secretariat Complex, 

Agartala, West Tripura............................................................................... Opposite parties.

 

 

     __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI UMESH DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. Dr BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

 

For the Complainant : Sri Debesh Ch. Roy,

  Sri Rajib Nandi, 

  Advocates.

 

For the O.P. Nos. 1&2 : Sri Dilip Chandra Nath,

  Advocate.  

 

JUDGMENT  DELIVERED  ON : 07/02/2020. 

 

J U D G M E N T

          The Complainant Sri Satya Ranjan Bhattacharjee, set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service by the O.Ps.

Complainant's case, in brief, is that the Complainant is a consumer under the Tripura State Electricity Corporation Ltd. According to the Complainant he has been enjoying domestic electric connection in his house situated at Jagatpur, Abhoynagar ever since 1987 and that he never used electric connection for any commercial purpose. The Complainant alleged that the O.P. No.2 without any prior notice to him has converted his domestic electric service connection into commercial connection. On 20/09/2018 the Complainant filed a written representation before the O.P. No.2 praying for changing his electric connection from commercial category to domestic category. But the O.P. No.2 did not take any action in the matter. The O.P. No.2 rather issued a defaulter notice vide No.N181100017 dated 01/11/2018 to the Complainant calling upon him to pay the outstanding electric bill amount of Rs.8,299/- within 15 days failing which the electric line in his house will be disconnected without making any further reference to him. The Complainant further stated in his complaint that on receipt of the notice he on 15/11/2018 issued a legal notice through his Lawyer to the O.Ps. requesting them to arrange for changing his electric connection from commercial category to domestic category and also to rectify the electric bills which were already issued to him. The Complainant alleged that the O.Ps. even after receiving the legal notice did not take any action and that they have illegally disconnected the electric connection in his house on 31/01/2019. Due to the disconnection of electric line, the Complainant and his family members suffered seriously. Moreover, his daughter who is studying in Class-IX  and was preparing for examination also suffered a lot.

Being aggrieved and dissatisfied with the conduct of the O.Ps., the Complainant has filed the instant complaint before this Forum claiming Rs.25,000/- as compensation and also for restoration of electric connection to his house. For restoration of electric connection a separate petition has been filed by the Complainant U/S 13(3-B) of the Consumer Protection Act,1986. 

Hence this case.

Be it mentioned here that on 04/02/2019 at the time of hearing on admission of the complaint, this Forum while admitting the complaint issued interim order directing the O.P. No.2, the Senior Manager, TSECL, Div-(V), G.B. 79 Tilla, West Tripura, Agartala to restore the electric connection to the residential house of the complainant at Jagathpur, Abhoynagar, Agartala. In compliance with the said order passed by this Forum, the O.P. No.2 has restored the electric connection to the residential house of the complainant.

 

2.   In due course of time notices were duly served upon the O.Ps. from the Forum. The O.P. Nos.1&2 have appeared through their engaged Advocate. As the O.P. No.3 has not filed any written objection, the case was proceeded exparte against the said O.P. The O.P. Nos.1&2 have however filed W.O. jointly. Both the O.Ps. have denied the allegations and contentions of the complainant. According to the O.Ps. the Electronic Billing System(EBS) being maintained by the O.Ps. shows that the electric connection which has been given to the house of the Complainant as on 01/07/2003 is of commercial category and that the Complainant has been paying electric bills as such raised by the O.Ps. w.e.f.  01/07/2003 to 26/07/2018 without any objection. Regarding the Advocate's notice dated 15/11/2018 of the Complainant, the O.Ps. have stated in their W.O. that the Complainant has been duly requested by the O.P. No.2 firstly to clear up the pending bills and then only the complainant's electric service line would be changed from commercial category to domestic category subject to field verification. The Complainant till date did not clear the arrear bills and that due to this his electric service line has not been converted from commercial to domestic category. According to the O.Ps. disconnection of electric line in the house of the Complainant was done rightly as the Complainant was found defaulter for his failure to clear up the outstanding electric bill amount which comes to Rs.8,299/- as per the defaulter notice issued to him dated 01/11/2018. The O.Ps. also stated in their W.O. that the Complainant on 26/07/2018 paid Rs.2,560/- and thereafter no further payment was made from his end. The O.Ps. further stated in their W.O. that till 08/02/2019 the outstanding bill amount of the complainant stood at Rs.14,364/-. The O.Ps. also stated in their W.O.  that they have learnt from local people of the area where the Complainant is staying that the Complainant was a businessman and  had a shop infront of his house. So the O.Ps.  presumed that the Complainant had obtained electric connection as a commercial category and that after closing down his shop he prayed for conversion of the electric service connection from commercial category to domestic category through the legal notice dated 15/11/2018. The O.Ps. have asserted in their W.O. that the prayer of the Complainant for conversion of his electric service connection from commercial category to domestic category would be done in the event  the Complainant clears up his arrear electric bill amount.     

            Denying any deficiency of service towards the Complainant, the O.P. Nos.1&2 have prayed for dismissal of the complaint.  

EVIDENCE ADDUCE BY THE PARTIES:-

 

 

3. The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced 06 documents comprising 11 sheets. The documents on identification have been marked as Exhibit – 1 Series. The complainant was cross examined by the O.P. side.             

               The O.P. Nos.1 and 2 adduced evidence of one witness namely Smt. Ruma Mitra, Senior Manager, TSECL, Div-(V), G.B. 79 Tilla, West Tripura, Agartala. No documentary evidence was produced by the said witness. The witness was cross examined by the complainant side. 

 

4. POINTS TO BE DETERMINED:- 

  (i) Whether there is deficiency of service on the part of the O.Ps towards the Complainant?

  (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?

 

5. DECISION   AND  REASONS  FOR  DECISIONS:- 

      We have heard arguments advanced by both sides' Advocates. 

We have gone through the complaint, the evidence adduced by the complainant and the documentary evidence produced by the complainant. We have also gone through the written objection filed by the O.P. Nos.1&2, the oral evidence adduced by their witness. 

We find that the complainant is a consumer under the O.Ps and that he has got domestic electric service connection in his house situated at Jagathpur, Abhoynagar, Agartala under the TSECL, Div-(V), G.B. 79 Tilla, West Tripura, Agartala from the year 1987. We find that there is no denial regarding the disconnection of electric service line to the house of the complainant on 31/01/2019 by the staff of the O.P. No.2. It was argued by the Learned Counsel for the O.Ps that the disconnection was done as the complainant had outstanding electric bill amount and that due notice was served upon the complainant prior to the disconnection having been done. 

Learned Counsel appearing for the complainant on the other hand has argued that the O.Ps. had converted the electric connection in the house of the Complainant from domestic category to commercial category without any prior notice to the Complainant and also without any substantial ground. The complainant has however deposited the bill amount raised by the O.P. No.2 in good faith for few years. But when it came to his knowledge that the impugned electric bills entail commercial tariff, the Complainant for the first time on 20/09/2018 issued a protest letter to the O.P. No.2 and prayed before him for converting the electric service connection to his house from commercial category to domestic category. The protest letter was duly received by the Office of the O.P. No.2. Learned Counsel for the Complainant argued that the O.P. No.2 did not take any action on the protest letter. The Complainant thereafter issued legal notices on 15/11/2018 to the O.Ps. calling upon them to arrange for conversion of electric service line to his house. The O.Ps. did not take any action also on the legal notices of the Complainant. The O.P. No.2 disconnected the electric connection in the house of the Complainant on 31/01/2019. According to the Learned Advocate for the Complainant the O.P. No.2 has illegally disconnected the electric line ignoring the protest letter dated 20/09/2018 of the Complainant. The O.Ps. also took no steps on the legal notice dated 15/11/2018 issued to them by the Complainant. Learned Advocate for the Complainant further argued that the O.Ps. have failed to produce convincing documentary evidence supporting the conversion of commercial category of electric service connection from domestic category of electric connection to the house of the Complainant. While arguing the case Learned Advocate for the Complainant has produced before the Forum Consumer's Pass Book bearing No.173751 in the name of the Complainant showing deposit of electric charges time to time by the Complainant as domestic consumer. Learned Advocate has thus prayed for allowing the complaint filed by the Complainant U/S 12 of the Consumer Protection Act,1986 and also for granting compensation in favour of the complainant for causing harassment and mental agony to the Complainant by the O.Ps. 

Per contra Learned Advocate appearing for the O.Ps. argued that the Complainant was well aware about his being a consumer of commercial category and he has been paying electric bills as such from 01/07/2003 till 26/07/2018 as raised by the O.P. No.2. In support of his argument Learned Advocate has relied upon copy of consumer ledger maintained by the O.Ps. in the name of the Complainant (this document has been produced by Learned Advocate before the Forum at the time of arguments). Learned Advocate further argued that the Complainant all on a sudden stopped payment of his electric bills from August, 2018. Consequently, the Complainant has outstanding bill amount of Rs.8,299/- as on 01/11/2018. Learned Advocate also argued that before disconnection of electric service line to the house of the Complainant was done, the Complainant was served with notice dated 01/11/2018. The outstanding bill amount of the Complainant till 08/02/2019 comes to Rs.14,364/-. Learned Advocate for the O.Ps. further argued that as the Complainant has become defaulter, his prayer regarding conversion of electric service connection from commercial category to domestic category  can not be considered and that the prayer will be considered only when the Complainant clears the outstanding bill amount. Denying any sort of deficiency of service on the part of the O.Ps. Learned Advocate urged upon the Forum to reject the complaint field by the Complainant. 

We have considered the arguments placed by both sides. We find that the contention of the complainant that his electric service connection to his house is of domestic category ever since 1987 is supported by the copy of letter issued by the Resident Electric Engineer, Agartala Electric Supply, Agartala vide No.F. REE/AES/3-15(A)/2909 dated 28/11/1987 (under Exhibit-I series) addressed to the Complainant regarding offer of service connection - domestic (One Phase) and also the Consumer's Pass Book vide No.173751 in the name of the Complainant bearing ID. No.2871. 

The O.Ps. on the other hand relying upon the copies of  Consumer Ledger Sheets contended that the Complainant has been paying electric tariff as commercial category. The O.Ps. however have not produced any iota of evidence took prove upon what basis the Complainant's domestic service line had been converted by them from domestic category to commercial category. In this connection, we deem it necessary to refer to sub para 15 of the written objection filed by the O.P. Nos.1&2, wherein it has been mentioned as “It is learnt from the local people that the petitioner is a  businessmen by profession and had a shop premises in front of his residence. As such it can be presumed that the petitioner obtained connection as commercial category and after closing the shop he did not take any step for changing the category of connection except on 15/11/2018 through the advocate notice”. This assertion made by the O.Ps. in their W.O. according to us is without any substantial basis as the O.Ps. have not adduced either documentary or oral evidence to support their plea that the Complainant had a shop and subsequently the shop was closed. The O.Ps. also have not produced field enquiry report in this respect. Hence, we are not inclined to accept the contention of the O.Ps. that the Complainant on his own accord obtained commercial electric service connection to his house in lieu of domestic service connection. We further find that the O.P. No.2 did not take any action on the protest letter dated 20/09/2018 addressed to him (under Exhibit-I series) wherein the Complainant had prayed for conversion of his electric service connection from commercial category to domestic category. The letter was duly received by the Office of the O.P. No.2 on 20/09/2018 itself. The O.Ps. according to us ought to have taken necessary needful action on the letter of the Complainant. This is an instance of deficiency of service committed by the O.P. No.2 towards the Complainant.    

 

 

6. In view of discussion made above, we find and hold that the complainant has succeeded in establishing his consumer complaint U/S 12 of the Consumer Protection Act. We accordingly find the O.Ps. guilty of committing deficiency of service  towards the complainant. We also find that the complainant is entitled to get compensation/relief for the deficiency of service committed by the O.Ps.  

The issues which were framed in this case are answered accordingly. The interim order dated 04/02/2019 passed by this Forum for restoration of electric service line in the house of the Complainant is hereby stood confirmed.

In the result, it is hereby directed the O.P. No.2 shall arrange for converting the electric service connection in the house of the Complainant from commercial category to domestic category and thereafter draw up fresh outstanding electric bills in the name of the Complainant as per domestic tariff and supply the same to the Complainant within one(01) month from receipt of the copy of this judgment. At the same time, it is also directed that the complainant shall have to pay the bill amount to the O.P. No.2 within 3 weeks after receipt of the fresh bills. It is further directed that if the Complainant fails to pay the bill amount, so raised by the O.P. No.2, the O.Ps. are at liberty to take appropriate action against the Complainant as deem fit and proper. 

It is directed that for causing harassment and mental agony both the O.Ps shall pay Rs.5,000/- as compensation to the complainant and Rs.3,000/- as cost of litigation. The O.Ps. shall pay the aforesaid amount of Rs.8,000/-(Rs.5,000/- + Rs.3,000/-) in total to the complainant within a period of 2(two) months from the date of judgment failing which the amount shall carry interest @ 9% P.A. till the payment is made in full. 

 

    Announced.

 

SRI  BAMDEB  MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

 

SRI  UMESH  DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

 

SMT. DR.  BINDU  PAL

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA