OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAMRUP,GUWAHATI
C.C.116/2014
Present:-
1) Md.Sahadat Hussain, A.J.S. - President
2) Smti Archana Deka Lahkar - Member
3) Md Jamatul Islam - Member
Sri Bhabit Deka -Complainant
S/O- Lt Thanu Ram Deka,
Vill- Athgaon,P.S- Kamalpur
Dist: Kamrup,Assam
-VS-
1) The Deputy General Manager -Opp.Parties
ASEB, Rangia Circle
APDCL (LAR ) ,Rangia
2) Asst . General Manager
Rangia Electrical Division,
APDCL (LAR) ,ASEB,
M.G.Road,Rangia
3) SDE,BCESD,
Baihata Chariali,Kamrup
4) SMR,Dutta ,SCESD ,
Baihata Chariali,Kamrup
Appearance:
Ld.advocate Mr. Momin Sultan Ali for the complainant.
Date of exparte argument - 28.09.2018
Date of exparte judgment - 29.10.2018
EXPARTE JUDGMENT
This is a complaint u/s 12 of the Consumer Protection Act, 1986.
1. The complaint filed by Sri Bhabit Deka against i)The Deputy General Manager, ASEB, Rangia Circle , APDCL (LAR ) , Rangia, ii) Asst . General Manager , Rangia Electrical Division,APDCL (LAR) ,ASEB,M.G.Road,Rangia,iii) SDE,BCESD,Baihata Chariali,Kamrup and iv) SMR,Dutta ,SCESD ,Baihata Chariali,Kamrup was admitted on 25/11/2014 and notices were served on all the opp. partties and opp. parties filed joint written statement on 24/03/2015. The complainant filed his evidence in affidavit and also affidavit of one Shri Bhupen Deka in affidavit . During pendency of the complaint , the complainant on 05/01/2015, vide petition dtd. 29/12/2014 prays for interim order directing the opp. parties to reconnect the power line to the residence of the complainant; and after hearing both sides , this forum on 15/10/2015 by passing an interim order directing to resume power supply to the residence of the complainant ; and against that order, the opp. party side filed appeal before the Hon’ble State Commission and Hon’ble State Commission also, vide order dtd. 19/07/2016 passed in FA- 45/15 uphold the said interim order, and the opp. party side has also complied with the interim order passed by us by resuming the power connection to the residence of the complainant ; but after filing evidence by the complainant side , the opp. party side defaulted to appear in this proceeding on 17/07/2018, and accordingly , this forum, vide order dtd. 17/07/2018 , directed that the complaint against the opp. parties will proceed on exparte . Thereafter , the complainant side’s Ld advocate Mr Momin Sultan Ali filed exparte written argument on 04/09/2018 and also forwarded exparte oral argument on 29/08/2018 and today we deliver the judgment which is as below
2. The case of the complainant in brief is that he was a consumer under the opp. parties vide Consumer No-29/40 till 11/03/1997, on which date the power connection to his residence was cut-off and he paid Rs.1,500/- out of the bill of Rs. 2,015/- as he did not have enough amount at that time ; and thereafter, the opp. parties levied a fine of Rs .40 /- for dis-connection and re-connection , but no re-connection was made despite of his several requests in writing to the concerned authorities ( Opp.Party No-1,2,3 &4 ) . Before dis-connection he was not intimated by means of notice . On 22/08/2017, an engineer of opp. party Mr Dutta (Opp.Party No-4 ) visited his residence with police force and unlawfully collected two pieces of 100 mtrs of wires and demanded fine of Rs. 8,000/- and the same was paid by him to Mr Dutta, but he approached Electrical Sub Division , Baihata Chariali with a written application which has been forwarded by AGM, Rangia APDCL (LAR) (Opp.Party No-2)to SDE, BCESD for accepting a sum of Rs. 25,000/- against the undertaking . Thereafter , Opp.Party No-4 issued three consecutive bills , Bill No-456519 dtd. 14/07/2009 of the period from 01/06/09 to 30/06/09 amounting to Rs. 64,442/- which was issued on 27/09/2014 , Bill No-1800984 dtd. 05/10/2014 for the period from 01/09/2014 to 30/06/2014 amounting to Rs. 1,07,024/- and Bill No-nil dtd. 09/10/2014 amounting to Rs. 11,258/- meant for theft of power by unauthorized reconnection . For negligence of the opp. parties, he is at present bound to pay a huge amount of Rs. 1,18,000/- which is a quite unbearable to him and it causes miscarriage of justice and deprivation of his legal rights. He also intimated chairman of ASEB about activities and dereliction of duties of the officers in writing on 14/10/2014 by registered post with a copy to the opp. parties; and after receiving the said intimation, the chairman of ASEB over phone told him that they would consider his prayer and settle the dispute . Opp.Party No-3 instructed him to withdraw his claim by depositing a sum of Rs.32,000/- and Rs.3,000/- for R.C/D.C and Rs.1,600/- for meter supply for reconnection . Opp.Party No-1 also instructed him to withdraw his complaint and pay a sum of Rs.32,000/- and some other incidental dues totaling Rs. 33,900/- and told him that connection would be made if he pay the said amounts ; but he vide , petition, dtd. 24/10/2014, to the D.G.M ,ASEB,Rangia (Opp.Party No-1) stated that he wouldnot withdraw the complaint in respect of receipt of Rs. 8,000/- by Opp.Party No-4 and stated that he will pay remaining bill amount after deducting Rs.32,000/- in terms of discussion of concession. On withdrawal of his complaint as mentioned,the power supply was provided to his residence, for which, he paid re-connection and dis-connection fees of Rs.300/- , Rs.1,600/- for meter supply and installment of Rs.32,000/-, which were received by them allotting a new Consumer No-1364 on 27/10/2014, and thereafter he vide petition on 30/10/2014 requested for concession on decreasing the bill produced during dis-connection period from 11/03/1997 to 26/10/2014 upto a single premium of Rs.25,000/-, and his prayer was duly received by them on 30/10/2014 but till date no information was given to him. He is prepared to pay Rs. 25,000/- against the bill amount of Rs. 75,024/- as during that period power was not supplied to his residence . On 11/11/2014, he received copies of two official letters from the Chairman ASEB & the G.M. , Guwahati Zone,APDCL(LAR) intimating him about official interruption and action against Opp.Party No-1 to 4; and after receiving the said letter he replied back. So, he prays for directing the opp. parties for compensation of Rs.2,00,000/- and also to pay him Rs.50,000/- as compensation for putting him in mental agony as well as Rs.10,000/- as cost of the proceeding.
3. The complainant, in his evidence states that he was a consumer under opp. parties vide Consumer No-29/40 till 11/03/1997, but on 11/03/1997 power supply to his residence was cut off by opp. party side and he paid Rs.1,500/- out of bill amount of Rs.2,015/- to the ASEB and Rs.40/- was levied from him as fine but re-connection was not done; and on 22/08/2014 one engineer of the opp. party Mr Dutta (Opp.Party No-4)visited his residence and unlawfully collected two pieces of wires measuring 100 mtrs. and demanded Rs.8,000/- from him and then he approached Electric Sub Div. ,Baihata Chariali through an application which was forwarded by AGM , Rangia APDCL (Opp.Party No-2) for accepting a sum of Rs.25,000/- and Opp.Party No-4 issued three bills respectively Bill No-456519 bill dtd. 14/07/2009 for the period from 01/06/2009 to 30/06/2009 amounting to Rs. 64,442/-, which was issued on 27/09/2014, Bill No-1800984 dtd. 05/10/2014 for the period from 01/09/2014 to 30/09/2014 amounting to Rs. 1,07,024/-and the Bill No-nil dtd.09/10/2014 amounting to Rs. 11,258/- meant for theft of power by unauthorised re-connection; and he was asked to pay an amount of Rs.1,18,000/- and that caused miscarriage of justice; and being aggrieved he wrote to the Chairman , ASEB on 14/10/2014 by registered post letter and the Chairman receiving his letter , over phone informed him that he will consider the matter ; and thereafter Opp.Party No-3 instructed him to deposit Rs. 30,000/-, and Rs.300/- for R.C/D.C and Rs. 1,600/- for meter supply . Opp.Party No-1 also instructed him to deposit Rs.32,000/- and some other incidental dues totaling Rs.33,900/- as a condition precedent for giving connection to his residence, and he paid that amount accordingly ensuring them to pay the bill amount after deduction of Rs.32,000/- and after payment of Rs.300 as disconnection fee, Rs.1,600/- as price of the meter & Rs.32,000/- as installment of the bill by allotting a new consumer number given to him vide Consumer No-1364 dtd. 27/10/2014 . It is found that opp. party side has not adduced any evidence for support of their plea. As such, it shall be presumed that whatever complainant states in his evidence is true. Thus, it is held to have been established that on payment of Rs.300/- as disconnection fee, Rs. 600/- as price of the meter and Rs .32,000/- as installment of arrear bill , reconnection was given to him vide Consumer No-1364 by the opp. parties on 27/10/2014.
The complainant further states that on 30/10/2014, he filed an application to the opp. parties for decreasing his bill during disconnection period i.e. 11/03/1997 to 26/10/2014 upto a single premium of Rs.25,000/- , but opp. party has not taken any action on his application. Thus, it is proved that the complainant prayed to the opp. parties vide letter dtd. 30/10/2014 for decreasing bill amount of the disconnection period from 11/03/1997 to 26/10/2014, and he is also willing to pay Rs. 25,000/- in a lot against the bill of disconnection period but the opp. party side has not taken any action on his petition . The opp. party side is found not giving any evidence to rebut this statement of the complainant. Thus, it is held to have been established that there was no connection to the house of the complainant from 11/03/1997 to 26/10/2014 and yet the complainant was ready to pay Rs.25,000/- as concession bill amount but the opp. parties have not taken any action on his application . So, we hold that , the act of refusal of the opp. parties to act upon the application of the complainant dtd. 30/10/2014 amounts to write off their claim of charge of power supply from the complainant for the period from 11/03/1997 to 26/10/2014 and therefore , the opp. parties cannot claim now any amount for the said period.
From the evidence of the complainant as well as from the case record it is found that during pendency of this complaint, the opp. party suddenly disconnected power supply to the residence of the complainant on 27/10/2014, but it was restored by the opp. parties after passing an interim order by this forum on 15/10/2015 passed in Misc. Case No-01/2015. Thus , it is confirmed that the power supply in the residence of the complainantis now being continued & the complainant has also been paying the power charges in regular manner . This factual situation infers that , the power supply to the residence of the complainant is lawfully being continued by opp. party side . We have already hold that the opp. party side is not entitled to any amount as charge of electric power for the period w.e.f. 11/03/1997 to 26/10/2014 and as such the dis-connection that was made by the opp. party on 27/10/2014 is an illegal act of the opp. party; and therefore , the opp. parties are not entitled to any amount as charge from 27/10/2014 to the date of making reconnection after compliance of interim order dtd. 15/10/2015 passed by us . Therefore, we hold that the opp. parties are to continue the supply of electric power to the residence of the complainant as being it is continued now, and they are not entitled to dis-continuation of power supply in the guise of any pending bill.
4. Summing up our disconnection, as above , we have found that the opp. parties most illegally demanding amounts as charge of power supply for the period of dis-connection i.e. from 11/03/1997 to 26/10/2014 and also illegally demanding dis-connection and re-connection charge, and such demands amounts to harassment to the complainant . So, we hold that the opp. parties are liable to pay Rs.20,000/- as compensation to the complainant for causing such harassment to him . Secondly, for the fault of the opp. parties, the complainant became bound to prosecute the opp. parties before this forum ; and hence the opp. parties are liable to pay atleast Rs.10,000/- as cost of the proceeding . The complainant is entitled to get direction against the opp. parties not to dis-connect the power supply to his residence demanding any amount from him for the period w.e.f. 11/03/1997 till the date of restoring power supply that was done by opp. party in compliance of this forum’s interim order dtd. 15/10/2015 passed in Misc. Case No-01/2015.
5. In view of above disconnection , the complaint against opp. parties is allowed on exparte and the opp. parties are directed not to disconnect power supply to the residence of the complainant and demand any amount as charge of power supply w.e.f. 11/03/1997 to the date of restoration of power supply which was done by the opp. parties complying interim order passed by this forum on 15/10/2015; and to pay him compensation of Rs.20,000/- for causing harassment to him as well as Rs.10,000/- as cost of the proceeding , to- which , all the opp. parties are jointly and severally liable . They are directed to pay the awarded amount within 45 days, in default, the amounts shall also carry interest @12 % per annum payable from today until full satisfaction of the award.
Given under our hands and seals today on this 29th October , 2018.
(Smt Archana Deka Lahkar)
Member
(Md.Jamatul Islam)
Member
(Md.Sahadat Hussain)
President
