Order No. 11  Dt. 18.12.2014

         This is an application u/s 12 of the Consumer Protection Act, 1986 filed by the petitioner Amina Bibi praying for an award of Rs. 150000/- against the O.P. W.B.S.E.D.C.L. as compensation for mental agony of the complainant or other relief due to negligent and false act of the O.P., W.B.S.E.D.C.L.

          The case of the petitioner is that the complainant is a small farmer and she took electricity connection for irrigation of the field through Shallow machine being Consumer No. S772689. The said connection was made by the staff of the O.P. No. 2 with the pole nearby the Shallow machine. The said meter of the complainant is not an industrial connection. The O.Ps sent exorbitant bill. He made representation but in vain. She is a bona fide consumer under the O.Ps. The O.P. finally assessed and the said amount was Rs.100030/-. All these acts of the O.Ps create mental agony and so she filed this case demanding Rs.150000/- for alleging false allegation.

          After receiving the notice of this case O.P. Nos. 1 and 2 appeared and filed written objection denying all the material facts contending inter alia that the petitioner theft electricity by passing meter panel and receiving such information regarding the theft of electricity they made a raid in presence of Sr. Officials of the Electricity Department and after the enquiry they found that the Amina Bibi, bypassed the meter related to STW service connection and enjoying the electricity. The enquiry is done and witnesses are taken and seized some articles from the Industrial and STW premises of Amina Bibi after preparing a seizure list. They also submitted in their written statement and evidence that they sent notice to appear before their office and deposit the amount as assessed by them. They also filed criminal case against the theft of electricity including this petitioner. 

          The petitioner filed some documents at the time of their evidence which are marked as Exts.1, 2 and 3. Ext.-1 is Consumer Bill No.1028, Ext. 2 is an application to D.E, Chanchal Sub Division related to prayer for reconnection, Ext.-3 is assessment copy made by W.B.S.E.D.C.L for Amina Bibi.

Complainant herself examined as P.W.-1.

          Opposite parties did not examine any witness in their favour but filed some documents which are marked as Exts.A, B, C and D i.e. Seizure List, Provisional Assessment, Final Assessment and Copy of F.I.R.

On the above cases of the parties the following issues are framed:-

 1) Whether the case is maintainable in its present form?

 2) Whether there is any cause of action to file the case?

 3) Whether there is any deficiency in service on the part of the O.Ps?

 4) Whether the petitioner is entitled to get any relief as prayed for?

::DECISION WITH REASONS::

Issue Nos. 1,2,3 and 4

          All the issues are taken up together to avoid repetition and the convenience for the discussion.

          It is not disputed that the petitioner has no electric connection. From the evidence of the petitioner it is established that she received electric bill after visiting of the Electricity Officials in her industrial and STW premises and she admits that in her cross-examination. It is also revealed in the evidence that hooking of electricity was done. So Electricity Department sent Ext.-B i.e. provisional assessment of electricity bill of Rs.389048/- for pilferage of electricity and after receiving of the said bill she filed an application and also attended the hearing for final assessment held on 24.02.2014 (Ext.-C). It is also clear from the Ext.-A i.e. Seizure List, that the seizure was made on 28.01.2013 and Safiqul Islam, husband of the petitioner and two other representatives of the petitioner went to the electricity office for hearing the final assessment held on 24.02.2014 as per Ext.-C. So it is crystal clear from the documentary and the oral evidence that the electric department lodged FIR against this petitioner for the theft of electricity and to come out from the said allegation she filed this case on 16.06.2014 when she is not a bona fide consumer and special action initiated as per the special law of the Electricity Act. So this case is not maintainable and is thus dismissed.     

In view of above all the issues are decided in favour of the O.Ps as against the petitioner.

In the result, the consumer claim case fails.

 Court fees, paid on the petition, is correct.

            Hence,                            ordered

that the Consumer Case No. 36/2014 be and the same is hereby dismissed on contest without any order as to cost.

           Let a copy of the order be given to each of the parties free of cost.