West Bengal

Dakshin Dinajpur

CC/62/2019

Md. Nurul Islam Mandal, S/O- Karimuddin Mandal - Complainant(s)

Versus

The Station Manager, CCC Patiram, W.B.S.E.D.C.Ltd. - Opp.Party(s)

09 Dec 2020

ORDER

The instant case has been initiated by the complainant U/S – 12 of C.P. Act, 1986 against the Opposite Parties claiming an amount of Rs. 1,15,000 /- as compensation and Rs. 10,000/- towards cost of the suit.

The fact of the case, in brief ,  is that the Complainant is a farmer and he filed a case no.CC – 33 /2018 previously against the Opposite Parties before this Commission for STW connection  and won the case. There after the Complainant filed an EA Case No. 27/2018 and got the connection on 26.11.2018 bearing Consumer ID NO. 401824868 and meter No. was LX008654. But unfortunately, the said meter burnt on 08.12.2018 due to some unknown reason. Actually, the Complainant used the said meter for 14 days only. Then, the Complainant informed the matter to the Opposite Parties verbally and then in writing through post on 11.12.2018 and 31.12.2018 but the Opposite Parties did not take any step.  On 23 05 2019 the electric poll also fell down and the matter was informed to the Opposite Parties but the Opposite Parties did not pay heed. The Complainant received an electric bill of Rs. 618/- and he paid the bill on 17.12.2018. Again, he received an another electric bill of Rs.416/- but he could not pay the same as the meter was burnt and the electric poll was fallen. He is still agree to pay the same. During argument, the Complainant filed an application and informed this Commission that a new meter has been installed on 20.09 2020 by the Opposite Parties during the Pendency of the case and he has paid the installation charge of the new meter. Now, he has prayed for relief as per prayer of the plaint.

Notice was duly served upon the opposite Parties and after receiving the notice, the Opposite Parties appeared before this commission and filed their written version.

By filing written version, the opposite Parties denied the material allegation of the complainant and submitted that there is no negligence or deficiency in service on the part of the Opposite Parties. The meter of the Complainant burnt due to some unknown reason and the electric poll fell down due to natural calamity. However, as per admission of the Complainant, the new meter has been installed and charge of the new meter has also been paid by the Complainant. A new poll has also been placed. In such circumstances, the compensation and litigation cost claimed by the Complainant is false and baseless . There is no merit in the complaint so, the complaint is liable to be dismissed.   

To prove his case , the complainant has filed (i) Meter reading card (ii) Money receipt of Rs.618/- and (iii) Money receipt of Rs.13100/- for payment of installation of new meter.

        On the other hand, the Opposite Parties has filed no document in support of their defense.

In view of the above mentioned facts, the following points are cropped up for consideration   

 

POINTS FOR CONSIDERATION 

         

          1.  Whether the Complainant is a consumer to the Opposite Party?

          2.  Whether there is any deficiency in service on the part of the Opposite Party?

          3.  Whether the Complainant is entitled to get any relief/reliefs as prayed for? 

 

DECISION  WITH  REASONS

              I have heard arguments by the Complainant and Ld. Advocates for the Opposite Parties at length. I have gone through the written examination – in – chief and written arguments filed by both the parties as well as the other materials on record.           

           At the time of argument, the Complainant narrated the facts of the case as mentioned in the complaint and submitted that he has proved his case so, the Complaint should be allowed. 

           On the other hand, Ld. Advocate for the Opposite Parties submitted that the new meter has been installed and at present there is no grievance on the part of the Complainant. So, the instant case is liable to be dismissed.  

           Now, let us discuss all the points one by one. 

 

Point No. 1      

         This point has not been raised by Ld. Advocate for the Opposite Parties at the time of argument. However, on perusal of materials on record, it appears that the Opposite Parties have admitted that the Complainant is a consumer to the Opposite Parties under the provision of the C.P. Act. 

             Accordingly, this point is decided in favour of the Complainant.  

Point Nos. 2 & 3    

           Both these points are taken up together for discussion for the sake of convenience and brevity.

           Now, it is admitted by the Complainant that during pendency of the case a new meter has been installed and he has also paid the charges of the new meter. It appears from the record that new meter was installed on 20.09.2020 and the charges for the installation of the new meter was paid by the Complainant on 22.02.2020 amounting to Rs. 13100/- . It further appears that the meter reading of 30.10.2020 was 379 units but the electric bill for the said meter reading has not been sent by the Opposite Parties so, the charges for the said meter reading has not been paid by the Complainant. It further appears from the plaint that an electric bill for the month of May 2019 amounting to Rs.416/- has not been paid by the Complainant on the plea that the old meter was burnt and the poll was fallen and he is agree to pay the said electric bill if the new meter is installed and new poll is placed. Now, during the pendency of the case, a new meter has been installed and the poll has also been placed so, the Complainant is duty bound to pay the said due electric bill. 

          The Complainant has prayed for a direction upon the Opposite Parties to reconnect the shallow machine properly with the meter box and also prays for compensation and litigation cost.

            In view of the above mentioned discussions, it is clear that the Complainant is a bona-fide consumer to the Opposite Parties and there is deficiency in service on the part of the Opposite Parties by not connecting the shallow machine properly with the meter box in time due to which the Complainant could not perform the work of cultivation for few months.

Accordingly, both these points are decided in favour of the Complainant. 

Hence, it is

                                                O R D E R E D

            That the Consumer Case No. 62 of 2019 is allowed on contest in part but with cost. 

           The Opposite Parties are directed to pay a sum of Rs. 2,000 /- towards litigation cost and  Rs.1000/- toward compensation by issuing an account payee cheque in favour of the Complainant within 30 days failing which the Complainant is at liberty to execute the order according to law.

         The Opposite Parties are also directed to send electric bill of meter reading of unit 379 dated 30.10.2020 according to their convenience and the Complainant is directed to pay the said bill and also to pay all

Dues bills, if any.  

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