West Bengal

Paschim Midnapore

CC/29/2016

Sasanka Chowdhury - Complainant(s)

Versus

The Station Manager, C.K. Road, W.B.S.E.D.C.L. - Opp.Party(s)

Sumana Ghosh

30 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                             

Bibekananda Pramanik, President

and

 Mrs. Debi Sengupta, Member   

Complaint Case No.29/2016

              Sri Sasanka Chowdhury, S/o Late Rajnath Chowdhury, Village- Kesia, P.O. Kiaboni,

              P.S. Garhbeta, District –Paschim Medinipur, PIN-721253 ………….…Complainant.

                                                                              Vs.

1)The Station Manager, C.K. Road, W.B.S.E.D.C.L., P.O. Satbankura, P.S. Garhbeta, Dist- Paschim Medinipur,

2)The Divisional Manager, Medinipur Division, W.B.S.E.D.C.L., P.O. Medinipur, P.S. Kotwali....……….….Opp. Parties.

                                                    

              For the Complainant: Mr.  Sumana Ghosh, Advocate.

              For the O.P.               : Mr. Debiprasad Das Mahapatra, Advocate.

 

Decided on: -30/01/2017

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant Sri Sasanka Chowdhury is a consumer of electricity under the opposite party vide consumer I.D. no.214088945 and the complainant got permanent electric connection to his 5 H.P. mini deep well from the opposite party on payment of charge of Rs.1,55,174/- since 11/11/2011 and he has been enjoying the said connection for cultivation of own paddy field and such cultivation is only source of income of the complainant.  After getting such permanent connection, the complainant has paid all consumption bills as per meter reading.  The complainant requested the opposite party no.1 to send regular correct bills but the opposite party did not pay any heed to the request of the complainant and took meter reading after several requests after lapse of one year i.e. on 29/10/2012 and it proves deficiency in service on the part of the opposite party.  The electric meter of the complainant was replaced by the opposite party no.1 on 6/11/2015 asthe old meter was not functioning properly.  But the said meter was also not functioning properly.  Suddenly, the complainant received the disputed consumption bill for the month of November vide bill dated 2/01/2016 of  Rs.59,181/- with outstanding amount

Contd…………………P/2

 

( 2 )

Rs.58,784.98/- for March 2015 to  December 2015 which is exorbitant, illegal, whimsical and against natural justice.  The complainant made a petition before the Divisional Manager of the O.P. with a request to rectify the bill as per meter reading but the opposite party no.1 did not rectify the said bill.  It is stated that the opposite party no.1 has claimed such exorbitant and whimsical bill from the complainant for the month of January with billing date 29/01/2016.  It is further stated that the opposite party no.1 has claimed a bill for the month of January, 2016 vide bill dated 28/01/2016 amounting to Rs.2,558/- which has already been deposited on 15/02/2016.  Opposite party no.1 has also claimed illegal outstanding bill amounting to Rs.61,739/- from the complainant for the period from the month of March, 2015 to January, 2016.  The complainant submitted several written objection in the office of the opposite party no.1 for rectifying those exorbitant bills but the opposite party no.1 did not pay any heed to such request.  On 28/01/2016, opposite party no.1 has threatened to disconnect the service connection of the complainant.  Hence the complaint, praying for directing the opposite party no.1 to send proper bills as per meter reading and for exempting the complainant from paying outstanding charges of Rs.63,295/- as claimed vide bill dated 1/03/2016 with a further direction not to disconnect the electricity and for other reliefs.

                  The opposite parties have contested this case by filling a joint written objection.     

                   Denying and disputing the case of the complainant, it is the specific case of the opposite parties that the disputed bill issued by this opposite parties in respect of the petitioner’s service connection is legal, valid and genuine.  The total outstanding due was Rs.80,751/- which was settled to be paid by six installments but the complainant did not pay the said installments as per settlement.  It is further stated that after appearance of the opposite parties in this case, they asked the complainant to deposit the outstanding dues by several installments and in view of such talk, this Forum vide order dated 21/04/2016 directed the complainant to deposit Rs.20,000/- as first installment and to pay the remaining outstanding amount by three equal monthly installment.  In view of such direction,  the complainant at first deposited Rs.20,000/- on 27/04/2016 and subsequently he paid two installment amounting to Rs.13,603/- each and till now a sum of Rs.13,602/- is remaining due to meet the total outstanding dues.  It is therefore claimed by the opposite parties that there is no latches nor any deficiency in service on their part and the petition of complaint is therefore liable to be dismissed.

Point for decision

 

Contd…………………P/3

 

( 3 )

1)Is the case maintainable in it’s present form and prayer ?

2)Is there any deficiency in service or unfair trade practice on the part of the opposite partis ?

3)Is the complainant entitled to get the reliefs, as sought for ?  

Decision with reasons

         For the sake of convenience and brevity, all the above points are taken up together for consideration.

         At the very outset, it is to be stated here that in this case neither the complainant nor the opposite party has adduced any sort of evidence either oral or documentary but they have relied upon some documents, so filed by them.

         At the time of hearing of argument, Ld. Lawyers of both sides submitted that the disputed amount of outstanding electric bill has been fully paid by the complainant in terms of order dated 21/04/2016 passed by this Forum.  Ld. Lawyer for the opposite party submitted that since the complainant has paid the disputed amount of electric bill so the case may be disposed of accordingly.  As against this,  Ld. Lawyer for the complainant submitted that there is deficiency in service on the part of the opposite party and although the complainant has paid the outstanding dues of electric bill but for such deficiency in service, he is entitled to get the other reliefs e.g. damage and litigation cost.

        On perusal of the case record, we find that on consent of both sides, this Forum vide order dated 21/04/2016 directed the complainant to deposit Rs.25,000/- out of the total arrear of Rs.63,295/- and to pay the balance amount of Rs.38,295/- in three equal monthly installments.  It is undisputed that in view of such order, the entire amount of outstanding dues has been paid by the complainant.  Since the said order was passed on consent of both parties, so the complainant is estopped from claiming that there was any deficiency in service on the part of the opposite party for which he is entitled to get an order of compensation and litigation cost.  In view of that and since the entire amount of outstanding dues of electricity bill in question has been paid by the complainant to the opposite parties, so the present petition of complaint is liable to be dismissed accordingly.

                                                  Hence, it is,

                                                     Ordered,

                                                          that the complaint case no.29/2016  is hereby dismissed on contest but in the circumstances without cost.

                               Let plain copy of this order be given to the parties free of cost.

                 Dictated & corrected by me

                      Sd/-B. Pramanik.                      Sd/- D. Sengupta.                   Sd/-B. Pramanik.

                           President                                   Member                                    President

                                                                                                                          District Forum

                                                                                                                      Paschim Medinipur