Tripura

West Tripura

CC/4/2017

Smt. Renu Bala Ghosh. - Complainant(s)

Versus

The Senior Manager & The Chairman cum Managing Director. - Opp.Party(s)

Mr. P.Saha, Mr.B.Debroy.

28 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
WEST TRIPURA :  AGARTALA

CASE   NO:   CC- 04 of  2017

Smt. Renu Bala Ghosh,
Lt. Haridas Ghosh,
H21 HGB Road, Agartala,
South side of Amiya Sagar Par,
West Tripura.                ….....…...Complainant.

        VERSUS

      1. The Senior Manager,
     Banamalipur  Electrical Sub- Division,
Banamalipur, Agartala,
West Tripura. 

      2. The Chairman Cum Managing Director,
Triura State Electricity Corporation Ltd.,
Agartala, West Tripura.            ............ Opposite parties.

                      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  
DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

    For the Complainant        : Sri Pulak Saha,
                          Sri Bhaskar Debroy,
                      Advocates.      
                      
    For the O.Ps                 : Miss Rajasree Purukayastha,
                            Advocate.                 

        JUDGMENT  DELIVERED  ON:   28.04.2017

J U D G M E N T
        This case arises on the petition filed By one Renu Bala Ghosh U/S 12 of the Consumer Protection Act.  Petitioner's case in short is that on 30.12.15 when a family programme was going in her house the staff of the O.P. Tripura State Electricity Corporation Ltd. disconnected the electricity supply in her house as per order of the Senior Manager, Banamalipur, O.P. No.1. The request of the petitioner was turned down. The guests  relatives of the petitioner was harassed by the staff of the Tripura State Electricity Board. Respondent No.1 did not take any step for restoring the electricity. In a helpless position complainant paid the bill Rs.2404/- disconnection charge and connection charge and the connection was given at 4.30 P.M. Petitioner prayed for compensation for such harassment. 
2.            O.P. No.1 & 2 appeared filed Written Statement denying the claim. It is stated that as per ledger complainant had outstanding bill dues w.e.f. 17.08.15-14.09.15, it was due on 28.09.15. Other payment dated was 30.11.15. O.P. had given  notice. As per provision Electricity was disconnected. There is no deficiency of service.
3.            On the basis of contention of both the parties following points  cropped up for determination;
            (I)Whether the petitioner was harassed on sudden disconnection of the electricity  connection on the program date?
            (II)Whether petitioner is entitled to get compensation for such harassment?
4.            Petitioner produced copy of Electric Bill, Money Receipt of TSECL and also produced statement on affidavit of Renu Bala Ghosh. Thereafter produced the statement on affidavit of Chinmoy Saha, Sushen Karmakar.
5.            O.P. on the other hand produced receipt copy of the bill, receipt of connection and disconnection  charge, Ledger book copy. Also produced the statement on affidavit of Goutam Chakraborty, Senior Manager, Banamalipur Electrical Sub-Division.        
6.            On the basis of all these evidence we shall now determine the points.
Findings:
7.            The fact of disconnection on 30.12.15 in evening is admitted fact. 3 witnesses in their statement on affidavit stated that there was programme on that date in the house of the complainant i.e.,  'Anna Prasan'  ceremony of her grand son.
8.            We have gone through the electricity bill submitted by both the complainant and the O.P. From perusal of the bill it appears that Rs.1290.48/- was to be paid on 30.11.15. Again Rs.491.44/- is to be paid on 27.09.15. On 17.08.15 to 14.09.15  due date was 28.09.15 and bill was also paid.  Rs.24,18/- was paid on 30.12.15 on the date when the disconnection was made by the O.P. 
9.            Complainant also produced original copy of the electrical bill dated 31.12.15. We have gone through that bill which is very relevant. In that bill it is shown that Rs.24,04/- is to be paid and due date was 31.12.15. No notice given before disconnection. When the due date is 31.12.15 then disconnection on 30.12.15 at evening on the date of 'Anna Prasan' ceremony in the house of the complainant definitely was uncalled for. By disruption of electricity suddenly on the programme date petitioner suffered. 
10.            From the perusal of the documents and the evidence before us it is very clear that electricity connection was taken out by the O.P. suddenly on 30.12.15 without giving any notice. Petitioner is a Consumer & she was harassed because of such activities of the O.Ps. She paid her dues within the due date and connection was restored on the next date. But due to disconnection by the staff of the O.P. petitioner suffered. We therefore, of the opinion that petitioner is entitled to get compensation amounting to Rs.10,000/- for the deficiency of service of the Opposite parties. 2 points are decided accordingly.
11.            In view of the above findings we direct the O.P. to pay compensation amounting to Rs.10,000/-(Rupees Ten Thousand) and also Rs.2000/-(Rupees Two Thousand) as litigation cost. Total Rs.12,000/-(Rupees Twelve Thousand). Payment is to be made with in 2(Two) months of the judgment. If not paid it will carry interest @ 9% P.A. 
Announced.

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.