The fact of the case of the complainant is that the father of complainant as well as the complainant himself is a consumer of WBSEDCL under Tolafatak Sector, vide Consumer ID no. 163054222. The further case of the complainant that Op raised an exorbitant electricity bill and after getting the said bill the complainant wanted to know the reason for excessive bill . But the
oP instead of giving the reason disconnected the electric line of the complainant on 26.11.2014. The further case of the complainant is that earlier the oP did the same practice for which the complainant had to pay Rs.8000/- on 18.11.2013, Rs.7,931/- on 10.8.2013 and Rs.4,110/- on 26.3.2014. The complainant further states that on several occasion the concerned authority received from him as per their illegal demand but till date did not connect his domestic electric connection. Hence this complaint.
In the meantime complainant filed another petition dated 16.4.2015 for restoration of connection because the OP disconnected again for non payment of bill and dues amount on 9.4.2015 stating that the oP making harassment the petitioner /complainant disconnected the electric line.
OP has filed WO against that petition denying inter alia all material allegations and stated fact as hereinunder.
Op contested the case by filing Written version denying inter alia all material allegations. It is the case of the oP that complainant is a habitual defaulter for which his meter was disconnected on several occasions. A Master meter was installed on 24.12.2013 in the premises of the complainant for verification of existing meter and it was found that the installed meter was in good condition. Due to disconnection he filed petition on 26.3.2014 for repayment of O.D. by easy instalments . The Divisional Manager, allowed six easy insalments for payment of Over due bill subject to condition that first instalment would be Rs.2695/- commenced from 16.4.2014 and would continue upto 16.9.2014 . But the complainant did not pay any single
instalment for which his service connection was disconnected. The over due amount of oP from June 2014 to November 2014 was Rs.24,116.31p . Thereafter, complainant has filed this case on 2.12.2014. As per order of this ld. Forum the oP reconnected the said service connection on 12.12.2014 after receiving Rs.5,000/-. Again and again the complainant became defaulter in payment of the bill. In this connection, the present Op sent a notice to the complainant on 7.3.2015 informing his defaultation to pay the energy bill from December, 2014 to February, 2015 amounting to Rs.11,189/- and thus total outstanding dues is Rs.30,306/-. On 12.3.2015 the complainant received the notice. Again , notice was affixed on the wall of the premises of the complainant. It is positive case of the oP that huge amount of outstanding remains dues to the complainant for which the connection was disconnected again on 9.4.2015.
Complainant filed photo copy of the registration card of his son, 2) some photocopy of prescription issued by doctor 3) photo copy of electric bills 4) photocopy of meter card etc.
Op also filed 1) Photo copy of billing status and outstanding dues of consumer 2) photocopy of bill and payment status of Rajendralal Pramanik 3) photocopy of status according to meter reading 4) copy of envelop for Reg. Post with a comments “Refused”, 5) copy of Postal A/d 6) copy of notice to Partha Pramanik dated 7.3.2015.
POINTS FOR DECISION
- Whether the complainant is a consumer ?
- If there is any deficiency on the part of the oP ?
- If complainant is entitled to get any relief ?
DECISION WITH REASONS :
Point no.1
It is admitted fact that the complainant is a consumer under the oP . So this point need not be discussed.
Point no.2 and 3:
Both the points are taken up together for easiness of discussion.
In this case complainant did not file Evidence in chief but stated in his complaint regarding huge amount of electric bill prepared by the oP. The complainant did not pay the electric bill on repeated occasion. Complainant got interim order from this Forum on 10.12.2012 but after receiving the connection the complainant did not pay the due amount of the bill for which the oP again disconnected the electric connection . As per record and statement of oP and other billing documents it appears that the complainant did not pay huge amount of bill although he got ample opportunity given by the oP from 15.4.2016. Thereafter, the complainant did not come to raise his statement or grievances against the oP and from 9.1.2017 complainant did not take step and did not come. So there is nothing to disbelieve the case of the oP, that the complainant was habitual defaulter and he did not make full payment and complainant is misusing the process of this Forum again and again by raising sympathetical ground and attributing deficiency of OP . But complainant himself is negligent and deficient in
his conduct towards payment of electricity bills as per consumption. The material on record goes to show that the complainant did not act with due care and attention and he is negligent in payment of electric bill. There is negligence on the part of the complainant and no deficiency on the part of the OP. The complainant is misusing the power of Forum and process of the forum. Much valuable time have been misappropriated by the complainant on different pretexts , so material on record shows that it is a fit case for dismissal with cost to be paid by the complainant to the OP. Hence it is –
Ordered
That the CC no. 250 of 2014 be and the same is dismissed with cost. The complainant is directed to pay Rs. 10,000/- to the oP within one month from the date of this order for misusing the time of the oP and also misusing the valuable time of the Forum and money of the Opposite party which is a Govt. Undertaking Organization.
Let a copy of this order be made over to the parties free of cost.
