West Bengal

Kolkata-I(North)

CC/10/263

Kunja Behari Maity - Complainant(s)

Versus

The District Engineer, CESC Ltd. and another - Opp.Party(s)

19 Mar 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/10/263
 
1. Kunja Behari Maity
61N, Kalighat Road, Kolkata-700026.
Kolkata
West Bengal
...........Complainant(s)
Versus
1. The District Engineer, CESC Ltd. and another
6, Mandevilla Gardens, Kolkata-700026.
Kolkata
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 
PRESENT:
 
ORDER

In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.

 

CDF/Unit-I/Case No.263 / 2010.   

 

1)                   Sri Kunja Behari Maity,

            61N, Kalighat Road,

            P.S. Kalighat, Kolkata-26.                                                                                  ---------- Complainant

---Versus---

 

1)                   The District Engineer, CESC Ltd.,

            South Regional Office,

            6, Mandeville Gardens, Kolkata-19.

 

2)       Smt. Munmun Das,

            61N, Kalighat Road,

      P.S. Kalighat, Kolkata-26                                                                                   ---------- Opposite Parties

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                                                                

Order No.   22    Dated  19-03-2013.

 

            The case of the complainant in short is that complainant applied before the o.p. no.1 for installation of an electric meter in his name in the scheme of property on (30.4.10) 28.4.10 and according to the o.p. no.1 issued a bill of Rs.500/- on account of earnest money and the said bill paid by the complainant on 30.4.10. The application form number is 51585407221 dt.30.4.10.

            O.p. no.1 by his letter dt.30.4.10 acknowledge such payment of the complainant and informed the complainant that they will inspect the schedule of property on 17.5.10 and accotrdingly they inspected the site of the  schedule of property on that date.

            Complainant is a tenant under the o.p. no.2 in respect of the schedule of property at a monthly rent of Rs.100/- payable according to English Calendar month.

            After inspection the schedule property the o.p. no.1 kept silent to install the electric meter in the name of the complainant in the said property. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. no.2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.1 did not contest the case by filing w/v and the matter was heard ex parte against o.p. no.1. Ld. Lawyer of o.p. no.2 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

 

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant applied  from o.p. no.1 for installation of electric meter on 30.4.10 and o.p. no.1 issued a bill of Rs.500/- on account of earnest money and the same was paid by the complainant on 30.4.10 and o.p. no.1 inspected the house of the complainant on 17.5.10 and complainant is a tenant under o.p. no.2. It is admitted from the record that the complainant resides in the premises disclosed to o.p. no.1. We find from the record that despite inspection o.p. no.1 remained silent in the matter of installation of new meter and this act on the part of o.p. no.1 amounts to deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest without cost against o.p. no.2 and ex parte without cost against o.p. no.1. O.p. no.1 is directed to install a new electric meter in favour of the complainant in the schedule property immediately and o.p. no.2 is directed not to create any obstruction to the men and agents of o.p. no.1 at the time of installation of electric meter.

            Complainant is at liberty to file execution case before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER

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