IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

MURSHIDABAD AT BERHAMPORE.

CASE No.  CC/153/2014.

 Date of Filing: 18.06.2014                                                                                  Date of Final Order: 30.12.2015

1). Akhtar Ali Mondal.

2).Masadul Mondal.

3). Sabjan Ali Mondal.

All are sons of Late Ased Mondal.

All are resident of Vill.&P.O. Gudhia.

 P.S. & Dist. Murshidabad       ………….…..…………………………… Complainant.

-Vs-

The Station Manager,

WBSEDCL,Daulatabad.

P.O. & P.S. Daulatabad.

Dist. Murshidabad, Pin: 7423 02. ……………….…..……............ Opposite Parties.

                           Present: Samaresh Kumar Mitra ……………………..Member.

                                           Pranati Ali …………………………………………Member                                          

FINAL ORDER

 Samaresh Kumar Mitra, Member.

               The complaint has been filed by the complainant u/s 12 of the C.P. Act, 1986 praying for an order directing the Opposite Party to install a new meter in the shallow machine of the complainants and also a direction upon the OP restraining the OP from disconnecting the service line of the Complainants.

               The case of the complainants, in brief, is that they are farmers and consumers with the OP in respect of a Shallow machine bearing Service Connection No. A-602 having Consumer No. S-040330 for irrigating their lands to maintain their livelihood. The complainant used to pay energy bills regularly as and when the same are raised by the OP. The installed electric meter is defective. The complainants requested the OP many a times to replace the defective meter but the OP did not pay any heed to that effect. Suddenly, the OP sent two bills amounting to Rs. 38,639/- for the month of May, 2014 and Rs. 126 for the month of June, 2014. As the meter is out of order, the amount of the bills has not been paid by the complainants. The OP served a notice dt. 31.07.2013 upon the complainants for disconnection of the service line. Finding no other alternative the complainants are forced to knock at the door of this Forum for redressal.

            The case of the Opposite Party, in brief, is that the statement made by the petitioners in different paragraphs is not true. The real fact is that the petitioners are habitual defaulters. He never paid the bills regularly. So, as per Rules L.P.S.C was charged. As such a sum of Rs.18777/- remains due against LPSC from the petitioners. The bills sent by the Opposite Party are correct. The petition is liable to be rejected.

         The complainant filed examination in chief by way of affidavit which is nothing but replica of complaint petition.

               The advocates advanced arguments which were heard in full.

             From the discussion herein above, we find the following Issues/Points for consideration.

ISSUES/POINTS   FOR   CONSIDERATION

          1. Whether the Complainants Akhtar Ali Mondal, Masadul Mondal &Sabjan Ali Mondal are         ‘Consumers’ of the opposite party?

2.  Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

3.  Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainants?

4.  Whether the complainants proved their case against the opposite party, as alleged and whether the opposite party is liable for compensation to them?

                                        DECISION WITH REASONS

In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.

1) Whether the Complainants Akhtar Ali Mondal, Masadul Mondal &Sabjan Ali Mondal are ‘Consumers’ of the opposite party?

               From the materials on record it is transparent that the Complainants are “Consumers” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainants herein being the beneficiary enjoying electricity from the OP are entitled to get service from the OP.

 (2) Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

           Both complainants and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued at Rs.1,00,000/- ad valorem which is within Rs.20,00,000/-limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.        

 (3) Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?                    

            The case of the complainants is that they are enjoying electricity being the beneficiary in absence of his father who was a customer of the OP and enjoying power for the purpose of cultivating their land installed one submersible pump of 5 HP being service connection No.A-602 having consumer No.-S 040330.They being the consumer enjoying power from the OP for running the shallow machine to earn their livelihood and use to pay bills regularly. The dispute cropped up in between the parties when the complainants requested the OP to replace the existing meter which was not functioning properly and to install a challenge meter to check the disputed meter in question and also disputed regarding an excessive bill for the month of May,2014 amounting to Rs.38,639/-. Moreover the OP served a notice upon the complainants dated 31.07.2013 to disconnect the service connection for nonpayment of billing amount. As they are affected seriously and getting no alternative filed the instant complaint petition for getting reliefs as prayed for in the petition. The OP by appearing before this Forum filed written version in which they denied the allegations as leveled against them and stated that the complainants are habitual defaulter so LPSC was charged. A sum of Rs.18,777/- remains due against LPSC from the petitioners and prayed to reject the complaint petition. Thereafter the complainants filed affidavit in chief. During the period of argument the Advocate on behalf of the OP filed a copy of bill for the billing month Feb.2015 in which it is stated that Rs.44,069/- paid by the complainant on 04.02.2015. The advocate on behalf of the OP further averred that there is no due from the service connection in question and the complainants are enjoying the service connection and paying bills so the allegation leveled against the OP is not tenable. The Advocate on behalf of the complainants averred that the complainants suffered a lot at the deficiency of service of the OP so they are entitled to get compensation from the OP. After perusing the complaint petition, evidence on affidavit and the written version and hearing the arguments of the advocates of the parties, we find that the dispute has already been settled as the complainants are enjoying electricity and paying bills regularly and the arrear bills been already paid. So we may safely conclude that the petition is liable to be dismissed with no order as to costs.

   4. Whether the complainants proved their case against the opposite party, as alleged and whether the opposite party is liable for compensation to them?

               The discussion made herein before, we have no hesitation to come in a conclusion that the Complainants could not prove their case beyond any doubt so the opposite Party is not liable to compensate the Complainant for mental pain and agony.

             Hence it is ordered that the complaint be and the same is dismissed with no order as to cost.

             Thus the case is disposed of accordingly.

             Let plain copy of this order be made available and be supplied, free of cost, to the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgement/be sent forthwith under registered post with A/D to the concerned parties as per rules, for information and necessary action.

    Dictated and corrected by me.  

 Member,                                                                                        Member, 

    District Consumer Disputes                                                 District Consumer Disputes                                        

 Redressal Forum, Murshidabad.                                        Redressal Forum, Murshidabad