IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/68/2019.
Date of Filing: Date of Admission: Date of Disposal:
06.06.19 18.06.19 28.11.23
Complainant: Abul Khayer
S/O Late Abdus Samad,
Vill-Karaiya,
PS-Sagardighi,
PO-Karaiya, Pin-742237
-Vs-
Opposite Party: Station Manager, WBSEDCL,
Sagardighi CCC
PO&PS-Sagardighi, Pin-742227
Agent/Advocate for the Complainant : Debasish Gupta
Agent/Advocate for the Opposite Party No.1 : S.S. Dhar
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Nityananda Roy……………………………….Member.
FINAL ORDER
Sri.ajay kumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One Abul Khayer (here in after referred to as the Complainant) filed the case against Station Manager, WBSEDCL, Sagardighi (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The material facts giving rise to file the complaint are that:-
The Complainant used to two submersible pumps for agriculture purpose to earn his livelihood whose one consumer id 313198109 and another consumer id 300419662 respectively. Subsequently one submersible pump whose consumer id 313198109 was not in a position of proper functioning since 2015 and use of the said submersible pump was stopped.
An Assessing Officer on 20.07.17 assessed the Provisional Assessment Order amounting to Rs. 2,47,340/- as per his guess, for the period from 18.07.16 to 17.07.17 i.e., 365 days falsely alleging that the Complainant was using electricity unauthorizedly by means of direct hooking for running his said Submersible Pump. There is no cogent evidence whether the Complainant was using electricity unauthorizedly by means of direct hooking for the said period.
Thereafter Assessing Officer on 09.10.17 again made a final assessment order against the Provisional Assessment order dated 20.07.17 and ordered that my client was directed to pay the final assessed amount to Rs. 2,06,644/- for the said period. There is no averment in the final assessment order how and in what capacity the same Officer may change the decision. In the mean time the Sagardighi Police Station was informed against the Complainant falsely alleging that he was using electricity unauthorizedly by means of direct hooking for running his submersible pump, vide Sagardighi PS Cae No. 328/17 dated 18.07.17.
The Complainant was arrested and he was bound to deposit Rs. 1,03,322/- on 18.10.17 out of Rs. 2,06,644/- for the period of 18.07.16 to 17.07.17 for obtaining bail, which was called pilferage bill.
The Complainant submits that he did not use elctricity unauthorizedly by means of direct hooking for running his submersible pump, and he also submitted that he had been implicated by false allegation.
Subsequently, the Complainant sent a demand notice to the OP by registered post by his Advocate requesting on what basis the Provisional Assessment Order dated 20.07.17 amount to Rs. 2,47,340/- or Final Assessment Order dated 09.10.17 amount to Rs. 2,06,644/- for the period of 18.07.16 to 17.07.17 was charged forcefully upon the Complainant within 10 days from the date of receipt of this notice but after receiving the said notice OP did not pay any heed to that effect. So there was a deficiency of service on the part of the OP.
The Complainant prayed to direct the OP not to claim the amount of Rs. 2,47,340/- as per Provisional Assessment Order dated 20.07.17 or the amount of Rs. 2,06,644/- as per Final Assessment Order dated 09.10.17 for the period from 18.07.16 to 17.07.17.
The specific case of the OP is that the Complainant is a STW consumer having consumer ID No. 313198109. During inspection on 17.07.17, it was found that the Complainant was using electricity through direct hooking. Mr.Samsul Haque Divisional Engineer (A<) Raghunathganj Division hold the inspection. As a result an FIR bearing Case No. 328/2017 dated 18.07.17 was lodged at Sagardighi PS.
As per electricity rule provisional assessment bill of Rs. 2,47,340/- was served. After hearing final assessment bill of Rs. 2,06,644/- was served upon the Complainant. The Complainant deposited 50% of final assessment bill and moved before the appellate authority Murshidabad and Birbhum District. As per appellate order being No. 01/1028-19 dated 05.07.18 the final assessment bill was recast to Rs. 1,79,000/-. So at present there is an outstanding bill of Rs. 1,76,048.03/- including unpaid energy bill.
The OP has acted according to electricity rules. The OP has initiated action against the Complainant for unauthorized use of electricity and also prepared provisional assessment and final assessment bill. In case of unauthorized use of electricity the Complainant cannot be consumer under this OP. So the instant application is not maintainable.
On the basis of the complaint and the written versions the following points are framed for proper adjudication of the case :
Points for decision
1. Isthe Complainant a consumer under the provision of the CP Act, 1986?
2. Has the OP any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
Point nos.1,2&3
All the points are taken up together for the sake of convenience and brevity of discussion. The record shows that the Complainant did not take any steps on 11.03.20, 06.05.20, 02.10.20, 28.12.20, 24.03.21, 27.05.21, 30.12.21, 22.03.22, 30.05.22, 29.08.22, 19.12.22, 21.12.22, 08.02.23, 23.05.23, 27.07.23, 09.10.23 and today i.e. on 21.11.23.
Ld. Advocate for the OP is found absent on call today i.e. on 21.11.23. Such being the position, we like to dispose of the instant case on the basis of the materials on record. On perusing the materials on record, we find that the Complainant was using electricity unauthorizedly by means of direct hooking for running his submersible pump and as such Sagardighi PS case No. 328/17 dated 18.07.17 had already been registered. It is coming out from the petition of complaint that in connection with the aforesaid Sagardighi PS Case No.the Complainant was arrested and he was bound to deposit Rs. 1,03,322/- on 18.10.17 out of Rs. 2,06,644/-.
The record shows that the Complainant has not been attending this case for long period and as such the latest position of Sagardighi PS Case No. 328/17 dated 18.07.17 is not known. Long absence of the Complainant in the instant case indicate that he is not at all interested in this case. We find materials regarding the unauthorized used of electricity by the Complainant.
It is alleged by the Complainant in his evidence that there is no cogent evidence regarding his unauthorized dues of electricity. This fact is required to be examined by the concern court. The said allegation cannot be decided through the summary procedure adopted by the Commission.
In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit against the OP.
Reasons for delay
The Case was filed on 06.06.19 and admitted on 18.06.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/68/2019 be and the same is dismissed on merit against the OP.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member President.
