DATE OF FILING                    :       20-12-2012.

DATE OF S/R                           :        06-03-2013.

DATE OF FINAL ORDER      :        13-11-2013.

Md. Siraj,

Village – Thanamakua ( New Bustee )

Lichu Bagan, P.O. Danesh Sheikh Lane,

District – Howrah,  

PIN – 711109.------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.       The District Engineer,

          CESC Ltd.,

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

          District –Howrah,

          PIN – 711101.

2.       The Chairman,

          CESC Ltd.,

          Victoria House, Chowringhee Square,

          Kolkata.---------------------------------------------------------------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.P. 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.P. CESC Authority  for deleting/exempted   the energy bill of Rs. 15,140/-  for the month October,2012 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 6872059002 of domestic connection  used to pay an average bill of Rs.400/- to Rs. 600/- previously without any default. But on surprisingly he noticed that O.P. recorded /claiming energy bill   of Rs. 15,140/-  for the billing month October, 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.P. CESC Authority  to delete / exempt 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 energy  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.P. CESC Authority  ?

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

DECISION  WITH   REASONS      :

      4.   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.  

5.      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.15,140/- of one Md. Israfil, consumer no. 68072052001 at Lichu Bagan, Newbustee and the complainant from the said supply and/or enjoyed the benefit  but the bills are lying unpaid under  consumer no. 68072052001 and the complainant Md. Siraj is using the same portion which was previously occupied by Md. Israfil.

6.      But the pertinent question come in respect of the complainant  Md. Siraj and  

it is noticed that the complainant is availing and/ or enjoying electricity services from the O.P. vide consumer no. 68072059002.

7.      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. 15,140/- in the name of the Md. Isarafil  where there is no nexus with the complainant for the electricity consumed charges from the complainant which is in contravention against the  judgment of Hon’ble High Court ( APPELLATE SIDE ) on 30-06-2009 M/S. Srikrishna Paper Mills & others vs. WBSEB vide case no. W.P. No. 8617(W) 2008 wherein it has been specifically stated that the petitioner herein licensee shall be entitled to supply of power without being clear the outstanding dues of globe. Moreover we have also being forwarded the landmark judgment of Hon’ble Apex Court passed in Civil 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 and the complainant 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.173 of 2012 ( HDF 173 of 2012 )  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. 15,140/- as claimed against the monthly bill of October, 2012  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. 1,000/- as  litigation costs.

            The entire cost of Rs. 6,000/- ( Rs 5,000 + 1,000/-) will be paid within 30 days from the date of this order failure of which a penal action @ 9%  p.a. shall be levied  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.