Judgment : Dt.6.9.2017

Shri S. K. Verma, President.

            This is a complaint made by one Badal Sharma, son of Late Jogendra Chandra Sharma, 14/13C, Bose Pukur Road, Kolkata-700 042, P.S.-Kasba against the Regional Manager, CESC Ltd., South Regional Office, 6, Mandeville Gardens, Kolkata-700 019, OP No.1 and CESC Ltd., Victoria House, Chowringhee Square, Kolkata-700 072, praying for a direction upon the O.P. for refund of Rs…28,200/- to the Complainant for a direction upon the OPs for payment of compensation charges and litigation cost.

            Facts in brief are that Complainant applied for electric connection in his name at Flat No.16, ground floor, 17/5 Bose Pukur Road, Kolkata-700 042. As per direction of the OP No.1 Complainant deposited a sum of Rs.28,200/- on 25.1.2016 for transferring the electric meter in his name. Electric meter in the said flat was previously allotted to the name of Ashim Kumar Sharma, elder brother of the Complainant and the flat was let out to a tenant by Ashim Kumar Sharma. In order to protect the interest of tenant Ashim Kumar Sharma had filed a case No.CC/129/2016. After hearing the complaint Ld. Forum directed the OP to reconnect the electric meter in the name of said Ashim Kumar Sharma as well as  to pay the consumption charges. OP No.1 refunded a sum of Rs.4,329.62 paise by Account payee cheque in favour of the Complainant out of the total deposit of Rs.28,200/-. Complainant thereafter returned the said cheque, vide letter dt.14.9.2016 and demanded to pay back his deposit of Rs.28,200/-. OP No. duly acknowledged the letter and the cheque. But, unfortunately did not pay the money to the Complainant till this day. Complainant, thereafter sent another reminder on 18.11.2016 through his Advocate claiming Rs.28,200/-. Complainant submitted that being satisfied with the documentary evidences CESC authority issued a bill of Rs.28,200/-. On receipt of the said amount, allotted the electric line in the name of the Complainant. Further, Complainant has submitted that on the prayer of elder brother of the Complainant the electric line was retransferred in the name of Ashim Kumar Sharma for consumption of electricity by his tenant. Complainant has submitted that Complainant is a consumer and is entitled to get back Rs.28,200/-. Complainant has also submitted that by not returning the money OPs have made gross injustice.

    So, Complainant filed this case.

            CESC filed written objection and has denied all the allegations of the Complainant. Further this OP has stated that supply of consumer No.02119171009 at flat No.16, 17/5, Bose Pukur Road, Kolkata-700 042, was in the name of Ashim Kumar Sharma. Upon receiving an application for transfer of the name in favour of Badal Sharma and upon compliance of all formalities and payment of security deposit amount of Rs.28,200/- the name of Ashim Kumar Sharma was transferred into Badal Sharma. Thereafter the said Ashim Kumar Sharma who is the actual user of the above supply raised an objection against the above name transfer and stopped paying the electricity bills. This OP has also stated after receiving the objection an order from the Consumer Disputes Redressal Forum Unit-II in CC/129/2016 the electric meter was transferred to the name of Ashim Kumar Sharma. OP has also stated that the accumulated outstanding dues in respect of the above account got adjusted from the security deposit paid by Badal Sharma. Upon the aforesaid transfer the OP issued a cheque of Rs.4,329.62 paise to Badal Sharma. Thereafter, Ashim Kumar Sharma paid his outstanding dues as per the order of the Ld. Forum when arrangement was made for refund of the entire amount to Badal Sharma through suspense voucher and the said cheque was received by Badal Sharma.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has reiterated the facts mentioned by him in the complaint petition.

            OP No.1(c) and OP No.2 filed written version and denied the allegations of the complaint.

         OP has also filed affidavit-in-chief wherein OP CESC has also reiterated the facts which is mentioned in the written objection. Complainant has filed questionnaire. Thereafter the argument was submitted by the Complainant.

Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the complaint petition, it appears that Complainant has prayed for refund of Rs.28,200/-. Further, it appears that Complainant has filed Xerox copy of a bill showing that there was outstanding consumption bill of Rs.28,200/-. Complainant has also filed copy of a letter wherein he has prayed for return of Rs.28,200/- and returned the cheque issued in his favour amounting to Rs.4329.62paise. Again Complainant has filed copy of a letter wherein he has prayed for refund of electricity consumption charge for the month of February, 2016 to April, 2016 which is as per Complainant was to be to the tune of Rs.28,200/-, except this no document has been filed.

            Surprisingly, both Complainant and OPs have mentioned in their complaint and written version about disposal of CC/129/2016. But, neither of the parties has filed copy of the judgment of this complaint case which should have made clear as to what was the order of the Forum over the dispute for which this complaint has been filed and two brothers appear to be pitted against each other.

            As such, we are of the view that Complainant did not approach this Forum with clean hand because he neither filed copy of order sheet nor mentioned in the complaint about what is the stage of this proceeding.

            Hence,

ordered

            CC/73/2017 and the same is dismissed on contest.