BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case are that the Complainant is a permanent residence within this jurisdiction. The Complainant has MINIDEEP TUBEWELL on in Mouza- Biribari under Bhupatinagar P.S. Dist. Purba Medinipur. The Complainant has installed this Mini Deep Tubewell to lad his livelihood by supplying water from the said mini deep tubewell to many farmers of that village who use water for agriculture purpose for about 25/30 bighas of land. The Complainant has took electric connection to said mini deep tube well from the Opposite Party being Tariff Class “C(T)” being consumer ID  No. – 201930800 since 2010 and the complainant has been paying electric bill regularly.In the year 2018, the Opposite Party has sent inflated electric bill to the complainant which is illegal and the complainant has made objection in this regard, but Opposite Party or his higher authority did not take any step in regard of the said wrong and inflated electric bill of said Mini Deep Tube well. The Complainant till has paid up almost all bills. The Complainant has paid up Rs. 16,500/- on 04.01.2021 and also has paid up of Rs. 32,739/- on 13.01.2021 by credit card and also has paid up of Rs. 5000/- 22.03.2021. Unfortunately the Opposite Party has disconnected the said electric connection on 02.12.2021 without any notice which is illegal.That for such illegal disconnection said mini deep tubewell is out of order for want of electricity for which the farmers are facing troubles such “Boro Season” and it is high time for cultivation. The Complainant and the said farmers gave representation to the Opposite Party and before his higher authority, but in vain. In such circumstances, the Opposite Party has done deficiency in electric service to the complainant for which the complainant has been facing troubles and has been suffering for mental agony and financial loss. The cause of action has been arisenon and from 02.12.2021. Therefore, the complainant has prayed for directing the Opposite Party, to give electric connection to the said mini at once, to pay a compensation of Rs. 1,00,000/- to the complainant for mental agony, to pay a litigation cost of Rs. 20,000/- for conduct of this case.

Having received the notice of this case the op has contested the case by filing Written Version against the complaint. The sum and substance of the written version can be stated as follows.The Complaint is not maintainable in its present forms, prayers, and in law. The Complainant is a consumer bearing consumer ID-201930800 Tariff Class C(T) at Biribari under Madakhali Customer Care Center WBSEDCL i.e. Opposite Party. The Complaint raised by the Complainant regarding energy bills for the bill month from month June, 2017 to November, 2019 had already been verified and rectified on 28.11.2018, for the before mentioned billing month considering the consumption period 30.04.2017 to 28.10.2018. Also the old meter had been replaced at the request of complainant and a new meter has been installed on 30.12.2018 for the satisfaction of the complainant. The details of system generated demand and dues from billing month November, 2016 to February, 2022 have been enclosed herewith. After being satisfied with the rectified bill against the disputed energy bills along with the replacement of the old meter, the complainant has deposited the electric bills up to billingmonth January, 2021. The system generated payment details made by the complainant is being enclosed herewith. The accumulated outstanding dues were Rs. 41,667/- (Rupees fort one thousand six hundred sixty seven only) for bill month from February 2021 to February 2022. Necessary information regarding payment of outstanding dues had been given several times to the complainant through complainant registered Mobile No. 9732281333 per month to avoid disconnection of service connection. But the complainant failed to pay the dues intentionally. It is needless to say that, due to Covid-19 authorities adopt a policy to send dues information through consumer register mobile. Complainant received all due massage/notice through this register mobilewhich will be prove from the call/message record of his mobile. Hence Complainant is stopped to say otherwise. As per prevailing norms of WBSEDCL, the authority compelled to disconnect the service connection as there is no other alternative, for the interest of the comp-any. The Complainant failed to prove his case for the lack of proper documents. In view of the above facts and circumstances the the op submits that Complainant’s case is liable to be dismissed with costs.

Points for determination are :                                                

1. Is the case maintainable in its present form and in law?    

2. Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

 We have carefully perused and assessed the affidavit of the complainant, written version filed by op, evidence of both parties and other documents. We have anxiously considered the arguments advanced by the Ld counsel of rival parties.

  Having regards had to facts circumstances of the case, it appears that the crux of grievances of the complainant has been averred in paras-5,7& 8 of the complaint. The op has also answered the said grievances in its written version specifically supported by documents. It appears that complainant has not truly stated the facts in para -5 of the complaint. It is very much clear from the documents produced by the op that the Complaint raised by the Complainant regarding energy bills for the bill month from month June, 2017 to November, 2019 had already been verified and rectified on 28.11.2018, for the afoe mentioned billing month considering the consumption period 30.04.2017 to 28.10.2018. Also the old meter had been replaced at the request of complainant and a new meter has been installed on 30.12.2018 for the satisfaction of the complainant.The complainant has not stated as to why he did not pay any bill after 22.03.2021 till the date of disconnection ie 02.12.2021. The complaint is also silent about it. It appears that after being satisfied with the rectified bill against the disputed energy bills along with the replacement of the old meter, the complainant has deposited the electric bills up to billing month January, 2021. The system generated payment details made by the complainant is on record. The accumulated outstanding dues were Rs. 41,667/- (Rupees forty one thousand six hundred sixty seven only) for bill month from February 2021 to February 2022. Necessary information regarding payment of outstanding dues had been given several times to the complainant through complainant registered Mobile No. 9732281333 per month to avoid disconnection of service connection.We find no illegality on the part of op in the act of disconnection of electricity for nonpayment of bills. The complainant has failed to bring home the elements of deficiency of service on the part of the op. The complaint is misconceived one.

 Thus, the complainant is not entitled to get any relief in this case.

Both the points are disposed of accordingly.

Thus, the case fails.

Hence, it is

O R D E R E D

 That CC/10 of 2022be and the same is dismissed on contest against the op. No order as to costs is passed.

 Let a copy of the judgment be supplied to each of the parties free of cost.