DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 258/2021
Date of Filing Date of Admission Date of Disposal
08.11.2021 28.01.2022 28.12.2023
Complainant/s:- | Sri Arindam Aich, S/o Late Gouranga Chandra Aich, residing at 7, Indraloke, Barasat Road, P.O. Sodepur, P.S. Ghola, District – North 24 Parganas, Kolkata – 700110. -Vs- |
Opposite Party/s:- | - The Chairman, West Bengal State Electricity Distribution Company Ltd., Vidyut Bhawan, DJ Block, Sector – II, Bidhannagar, P.O. Sech Bhawan, P.S. Bidhannagar East, Kolkata – 700091.
- The Chief Engineer,
West Bengal State Electricity Distribution Company Ltd., Vidyut Bhawan, DJ Block, Sector – II, Bidhannagar, P.O. Sech Bhawan, P.S. Bidhannagar East, Kolkata – 700091. - Assistant Engineer & Station Manager
Sodepur Customer Care Centre, West Bengal State Electricity Distribution Company Ltd., P.O. & P.S. Ghola, District North 24 Parganas, Kolkata – 700111. - Sri Anshuman Aich, S/o Late Gouranga Chandra Aich, residing at 7, Indraloke, Barasat Road, P.O. Sodepur, P.S. Ghola, District – North 24 Parganas, Kolkata – 700110.
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P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for a direction to O.P No. 1-3 to revert the service connection under dispute to the name of the Complainant from the name of O.P No. 4, compensation, cost of the suit and other reliefs.
He alleged in the petition of complaint that he has a service connection being Consumer ID No. 152082555 and Meter No. ST601752. Due to non receipt of electric bills he could not pay the monthly bill. Thereafter, petitioner made online search in order to ascertain the reason as to why he is not getting the monthly bill and he got the internet copy of monthly bill in respect of the aforesaid service connection and became astonished that the said service connection including the security deposit has been converted / transferred in the name of O.P No. 4 without his knowledge and consent. He sent a notice to the O.P No. 2 and 3 through his Ld. Advocate but did not get any result. Hence, he filed this case.
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C.C. No. 258/2021
On perusal of record we find that O.P No. 1-3 appeared and filed W/V. Inspite of service of notice O.P No. 4 not yet appeared.
O.P No. 1-3 denied the entire allegations made by the Complainant in the petition of complaint. He further stated that O.P No. 4 applied for change of ownership of the aforesaid service connection on 23/11/2020 and he produced copy of deed vide no. 152405264/2015. Subsequently quotation was invited for change of ownership and quotation amount was deposited on 11/12/2020. Thereafter, aforesaid service connection was changed in the name of O.P No. 4.
TRIAL
Complainant filed affidavit-in-chief. O.P No. 1-3 did not file any questionnaire.
DOCUMENTS
At the time of filing of this case Complainant filed the following documents which were verified at the time of hearing argument:-
- Xerox copy of electric bill for the month of March 2020-May 2020 amounting to Rs. 17,209.26/- (Gross) in the name of the Complainant………1 sheet.
- Xerox copy of monthly electric bill for the month of June 2021-August 2021 amounting to Rs. 27,411.01/- in the name of O.P No. 4.
- Xerox copy of Advocate’s letter dated 20/07/2021.
BNA
Complainant filed BNA. O.P No. 1-3 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the Complainant, W/V filed by O.P No. 1-3, affidavit-in-chief filed by the Complainant, BNA filed by the Complainant and BNA filed by the O.P No. 1-3.
It is the main allegation of the Complainant that the service connection which stands in his name has been transferred / converted in the name of O.P No. 4 along with security deposit without his consent.
It is admitted position that aforesaid electric service connection was in the name of Complainant. It is also admitted position that O.P No. 1-3 converted / transferred the aforesaid service connection in the name of O.P No. 4.
During hearing Ld. Advocate for the O.P No. 1-3 argued that as O.P No. 4 produced one deed which stands in his favour and for that reason aforesaid service connection has transferred/converted in the name of O.P No. 4. As the aforesaid service connection stands in the name of Complainant so without the consent of the Complainant O.P No. 1-3 has no authority to convert the same in the name of O.P No. 4. We also find that before doing so O.P No. 1-3 did not give any opportunity to the Complainant to make his submission on this point.
So, we find that O.P No. 1-3 converted the aforesaid service connection in the name of O.P No. 4 which appears to illegal.
On perusal of record we find that Complainant is a consumer and O.P is service provider.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established his grievance by sufficient documents beyond reasonable doubt and accordingly he is entitled to relief as per his prayer.
In the result, the present case succeeds.
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C.C. No. 258/2021
Hence ,
It is ordered,
That the present case vide no. C.C./258/2021 be and the same is allowed on contest against the O.P No. 1-3 and allowed ex-parte against the O.P No. 4 with cost of Rs. 5,000/- to be paid by O.P No. 1-3 in favour of the Complainant.
O.P No. 1-3 jointly or severally are directed to revert the aforesaid service connection vide Consumer ID No. 152082555 and Meter No. ST601752 in the name of the Complainant within 45 days from this day.
Complainant is directed to pay monthly electric bill in favour of the O.P No. 1-3 since the date of conversion.
O.P No. 1-3 are directed to comply the aforesaid order within 45 days from this day failing which Complainant shall have liberty to put this order into execution.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
