Smt. Sumitra Bhowmick,

wife of Late Naba Kumar Bhowmick,

resident of village & P.O. Rampure,

P.S. Udaynaranpure,

District – Howrah. -------------------------Complainant.

                       -   Versus   -

1.      The Station Manager,

         Udaynarayanpur Group Electric Supply,

         W.B.S.E.D.C.L., P.O. & P.S. Udaynaranpur,

District – Howrah

& others.-------------------------Opposite parties.

P    R    E    S    E    N     T

Hon’ble President  :  Shri T.K. Bhattacharya.

Hon’ble Member  :Smt. Samiksha Bhattacharya.

ORDER NO.  3

DATE  :   17-01-2011.

          The petition of complaint is taken up for order over admission. The complainant Smt. Sumitra Bhowmick filed this petition of complaint U/S 12 of the C.P. Act, 1986 praying for compensation of  Rs. 15,00,000/- ( Rupees fifteen lakh ) and for refund of Rs. 2,49,048/- (  Rupees two lakh forty-nine thousand and forty-eight ) and for a litigation cost of Rs. 20,000/- ( Rupees twenty thousand ).

          Perused the petition of complaint as well as the documents filed though the electric meter stands in the name of Late Naba Kumar Bhowmick, the deceased husband of the present complainant, her name has not been corrected  in the electric bill nor prayed for any such correction and as such we are in the dark with respect to the ownership of the meter in dispute. Her husband expired in the 1991 as we come to know from her son. It is really surprising how in spite of lapse of 20 years the meter can stand in the name of deceased Naba Kumar Bhowmick. The verbal submission   by the ld. Lawyer in fact failed to dispel the doubt  of this Forum. Furthermore the electric meter is meant for consumption in the husking mill run by the complainant appears to be an arrangement for commercial purpose within the meaning of Section 2(1)(d)(ii), whatever be the certificate of the Pradhan of the local panchyat, we are unable to accept that the husking mill is meant for the only livelihood  of the complainant. Furthermore a 30 H.P. husking mill cannot consumer Rs. 1,824/- or Rs. 1,723/- or Rs. 2,247/- so far the bills of April, May, June, 2011 are concerned. If the son of Sumitra Bhowmick, Pulak Bhowmick was arrested for tampering in the electric meter in question ( Customer I.D. 135073689 ), this Forum has nothing to do with his arrest or with respect to the order of the Ld. Special Judge, Electricity Act. Inasmuch as the name of Smt. Sumitra Bhowmick, though beneficiary of her husband Late Naba Kumar Bhowmick does not appear to be a ‘consumer’ within the meaning  of Section 2(1)(d) as the husking mill cannot be an industry simply for livelihood.

          In the result we are of the view that this is not a fit case for admission.

          Hence,   it is rejected.

          Return the original  electric bills to the petitioner.

          Supply the copy of the order to the petitioner, as per rule.