Rajendra Sharma,

son of late Bhola Sharma,

of  95/11, Dharmatala  Road,  Ghusury,

P.S. M.P. Ghora,

Howrah – 711107.--------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         The District Engineer,

            CESC Ltd., having its regional office

            at 433/1,  G .T. Road ( N ),

            Howrah – 711101.

2.         The Revenue Officer,  

            CESC Ltd., having its regional office

at 433/1,  G.T. Road ( N ),

Howrah – 711101.

3.         The Manager (Commercial),

 CESC Ltd.,

 of 433/1,  G.T.  Road ( N ),

 Howrah – 711101.

4.         The  Chief Manager,

CESC House, Chowringhee Square,

Kolkata – 700001. -----------------------------------------------OPPOSITE PARTIES.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

      Member       :     Smt. Jhumki Saha.     

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.Ps. CESC Authority  alleging deficiency in service U/S 2(1)(g), 2(1)(o) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction  upon the O.Ps. CESC Authority  for deleting  the arrear outstanding dues  of Rs. 9,231.70 p for the month March,2013 sent to the complainant including other relief/s as compensation and litigation costs.  

2.                  The brief facts of the case is that the complainant is  a bonafied consumer

being 55099084008 of  domestic connection  used to pay the energy bill as consumed by the complainant  regularly without any default. But on surprisingly he noticed that O.P. recorded /claiming outstanding dues  of Rs. 9,231.70   for the billing month March, 2013 which he ( the complainant ) declined to pay the same in spite of the facts that he paid all the bills time to time.  The complainant requested the O.Ps. CESC Authority  to delete  the same but O.P. CESC Authority  refused to act.  Finally finding no other alternative complainant filed the instant case  alleging deficiency in service U/S 21)(g) & 2(1)(o) of the C.P. Act, 1986 as he suffered harassment, mental agony. The complainant prayed for relief and compensation before the Forum in connection with the complaint petition.

3.                  The O.P. CESC Authority  contesting the case contending interalia that the

case is not maintainable in law as in facts. The allegations as made in the petition baseless with an intention to harass the O.P. The O.P. admitted the facts the outstanding  bill was claimed as per the order of the WBERC vide Order no. 36/WBERC  dated 12-09-2007 as per Clause no. 3.4.2 of the said Order and the outstanding dues so claimed  was justified and reasonable and requested to dismiss this particular complaint with costs. 

4.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the

             O.Ps. CESC Authority  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

            5.         Both the points are  taken up together for consideration. Perused the enclosure issued by the O.P. CESC Authority  . On proper scanning of the argument as advanced by the agents of both parties and also reviewing the materials documents filed by the parties, the brief of the complaint, and also written version we have searched out some of the points as per complaint which are to be decided in this case to arrive at just conclusion.  

6.      The main contention of the O.P. CESC Authority  is that the complainant shall

have to pay the outstanding dues ( monthly energy charge ) amounting to the Rs. 9,231.70   of one Shikhandar Sharma of the same premises under consumer no. 55107030017 meter no. 35113102 whose service connection was disconnected  for nonpayment of monthly consumption bills and subsequently the complainant illegally and unauthorizedly extended the supply to socalled  Shikhandar Sharma.

5.      But the pertinent question comes in respect of the complainant  Shri Rajendra

Sharma it is noticed that the complainant is availing and/ or enjoying electricity  from the O.P. vide consumer no. 55099084008, meter no. 1887085.

6.      From the above we must say that the procedure/ action taken on the part of the

O.P. CESC Authority  is just to harass the complainant for arbitrarily claiming unrealized outstanding dues of Rs. 9,231.70  in the name of the Shikhandar Sharma where there is no nexus with the complainant for the electricity consumed charges from the complainant which is in contravention against the landmark judgment of Hon’ble Apex Court passed in C ivil Appeal No. 7899 of 2012 arising out of SLP( C )  No. 35573 of 2010 between North Eastern Electricity  Company of Orissa Vs. M/s. Roghu Paper Mill where Apex  Court exempted the respondent from paying up unduly claimed by the Nesco as outstanding dues and as such the O.P. CESC Authority  is liable for their gross deficiency in service with regard to unjustified claim as outstanding from the complainant which caused harassment to the complainant for which the complainant has suffered mental pain and agony against which the complainant shall be compensated by the O.P. CESC Authority.

                        In the result, we are of the view that this is a fit case where the prayer of the complainant shall be allowed.   The points are accordingly disposed of.

            Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 193 of 2013 ( HDF 193 of 2013 )  be allowed on  contest with  costs  against the O.P. CESC Authority.

            The O.P. CESC Authority  be directed to delete/exempt  the unrealized  amount of Rs. 9,231.70    as claimed as outstanding from the complainant.

            The O.P. CESC Authority  be directed to pay a damage and compensation of Rs.5,000/- to the complainant, a bonafide consumer for prolonged harassment caused to his family.

            The O.P. CESC Authority  is also directed to pay Rs. 2,000/- as  litigation costs.

            The entire cost of Rs. 7,000/- ( Rs 5,000 + 2,000/-) will be paid within 30 days from the date of this order failure of which a penal action @ 9%  p.a. shall be paid till realization.  

      The complainant is at liberty to put decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                                      

            Member,                       

    C.D.R.F.,Howrah.