West Bengal

Paschim Midnapore

CC/74/2017

Sri Shyam Sundar Maity - Complainant(s)

Versus

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

Pravakar Samanta

29 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.                           

     

Pulak Kumar Singha, Member,

and

Sagarika Sarkar, Member.

Complaint Case No.74/2017

 

Sri Shyam Sundar Maity, S/o-Late Haripada Maity,

Vill-Kaigeria, P.O.-Mukshedpur, Town, P.S.-Kharagpur(L),

District-Paschim Medinipur

                                                                ..………..……Complainant.

Vs.

                                       The Station Manager, Madpur CCC, WBSEDCL,  

                                  P.O.-Madpur, Dist-Paschim Medinipur

                                                                                .…...……….….Opp. Party.

                                                    

                For the Complainant  : Mr. Pravakar Samanta, Advocate.

                For the O.P.                 : Mr. Debi Prasad Das Mahapatra, Advocate.

 

                Decided on: 29/12/2017

                               

ORDER

            Pulak Kumar Singha, Member :

                     Complainant files  this case u/s 12 of the C.P. Act, 1986.

  In brief the case of the complainant is that the complaint is a consumer of S.T.W. electric connection under O.P. for the purpose of cultivation of his land in the year 2013 January O.P. instated said electric connection vide meter no.RSX-61591 and consumer I.D. no. 20046186 and the said connection was fitted with PVC wire from transformer to submersible pump which is at a distance of 1000 foot which is unsafe and illegal. Complainant raised objection for such type of electric line then O.P. assured to  make the line permanently through cemented pole. O.P.  without taking meter reading about one year send huge amount of bill  and on 03/01/2017 O.P.  demanding outstanding of Rs.1,24,905/-. Complainant raised objection and sent legal notice for correction of the bill but in vain. Complainant appears before this Forum for getting redressal as per prayer of his complaint.

                                                                                                                                                            Contd……………P/2

                                                                                     ( 2 )                                                                                                 

                 O.P. contested the case by filing written objection denying the allegations of complainant stating inter alia that the contents of complainant are false, complainant lodged complaint before R.G.R.O.  Subsequently before Ombudsman on 21/11/2016  regarding grievance of defective meter,  with connected pole electric line  was installed etc. O.P. inspected the place of  holding connection and raised some necessary work for permanent connection which are mentioned their letter dated 03/01/2017. Complainant accepted the bills and paid Rs.36,570/- on 27/01/2016. Present outstanding dues Rs.1,95,805 from  complainant. Complainant is not entitled for any relief the instant complaint is liable to rejected.  

                                                Points for decision :-

1. Is the complaint  maintainable ?
2. Is the opposite party deficient in service ?
3. Is the complainant entitled to get relief ?    

                             Decision with reasons

All the points are taken together for the sake of convenience, brevity and consideration. We travelled over the complaint, written objection and documents and it appears that complainant is a consumer of STW connection under O.P. and at the time of sanction for electric connection, complaint deposited only requisite fee and security deposit but he did not pay any amount for installation of cemented pole. For the urgent need for supplying water for cultivation, the complainant used bamboo poles for drawe of  electric line from transformer to meter. Complainant enjoying electricity since 2013 and bill paid upto November, 2014. Subsequently paid Rs.36,570/- for December, 2015. To prove his case complainant adduced evidence and tendered himself as PW-I and produced some documents which are (marked exhibit 1 to 9). Complainant in his cross-examination  admitted that he deposited total sum of Rs.6,699/- towards service connection and  security deposited as there was delay for installating of regular pole, so I myself installed  bamboo poles, complainant also admitted that he lodged complain before  RGRO and ombudsman of O.P. regarding excessive bill and low voltage connection. As per complain of the complainant, O.P. inspected the service connection of complainant by A.E. of electrical department where complainant was present and this report marked as (exhibit- C) where it appears that said inspection report comments that (i) Meter Box seal open found; (ii) STW connection running; (iii) Existing 25KVA 3 nos. STW etc. O.P. submitted inspection report before Ombudsman and after hearing both sides Ld. Ombudsman passed an order (i) that O.P. shall complete the standardization of work of the service connection of complainant by errection of PCC poles and drawl of standard cable within next one months; (ii) that the O.P. shall be at liberty to take  appropriate steps for realization of

                                                                                                                                                             Contd……………P/3

                                                                                       ( 3 )

outstanding dues in respect of the service connection of the  complaint without linking of the standardization work of the service connection.

Complainant stated in his complaint that the distance between transfer to meter is about 1000 but in presence of complainant measured the distance is about 285 meter and supply of average voltage was 218 Volt at the time of inspection an electrical engineer found that no brick built room for installation of permanent connection, main switch has not been  installed till date and there is no capacitor  bank instated in the SMP  of complainant and it is intimated to the complainant vide letter dated 03/01/2017 (Exhibit-8). From the said letter it is found that outstanding due of said STW connection is Rs.1,24,905/- as  the payment of bill is due since December, 2014and after receiving the said  letter, the complainant paid only Rs.36,570/- on 27/01/2016 but  outstanding dues with LPSC cost is  gradually growing up. Complainant files this case on 17/04/2017 and it appears from the bill date 03/03/2017 that outstanding is due for January, 2016 to January, 2017 Rs.1,59,187/- complainant disputes for huge amount bill but from the electric bill and yellow card it appears that complainant consumed electric energy regularly and due to not paid the bill amount for such  it’s  accumulated with outstanding and LPSC. Complainant can claim average bill for the period of no display in the meter from 20/10/2016 to till date of disconnection as he used consumptions of electric energy but complainant deliberately withhold huge amount of Govt. money.

More over we find that RGRO and Ombudsman passed order against the complainant. In view of the discussion here in before we find that complainant has no leg to stand his case and complainant appeared before this Forum not in clean hand, on the other hand O.P. has no deficient in rendering service as such complainant is not entitled to get any order.              

                                The complaint case fails.           

           Hence, it is,

                                                 Ordered,

                          that the complaint case be and the same is dismissed on contest against the O.P. without cost.

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

            Dictated and Corrected by me

                        Sd/-P.K. Singha                                                         Sd/- S. Sarkar                       

                             Member                                                                     Member