By :  SMT. BANDANA ROY, PRESIDENT

           The case of the petitioner in brief is that he is a bona fide customer being successors of his late father under the OP Electricity Board having his Consumer ID No. 223089381 since the time of his father. The complainant had been paying electric bills regularly. On 15.05.2017 the OP disconnected the service line of the complainant without any kind of intimation or explanation. The complainant paid the electric bill for the month of March 2014, April 2014 and May 2014 on 02.05.201. Father of the complainant was the original consumer under the OP and after his death complainant repeatedly informed the OP to transfer the meter in his name. The complainant has stated that he the OP should transfer the name of the complainant in respect of the meter standing in the name of his late father but till date no action has been taken from the end of the OP. On the contrary the service connection has been disconnected on the ground of due amount of bill.

          Under the above circumstances, the complainant has filed this complaint case against the OPs for deficiency of service on their part.

          The OP no.1 has contested the case by filing written version and contended that the present complaint is not maintainable before this ld. Forum.

          It is the specific case of this OP that the petitioner is that the complainant is not a bona fide customer as the service connection meter installed in his house stands in the name of his late father Radhaballav Bag. It is the case of this OPs that after taking meter reading several bills were sent to the customer but the customer, complainant paid the regenerated bills amount which father of the complainant or the complainant both involved in malpractice with the staff of the OPs department. This practice is existing in the CCC area with the help of an ex- employee of Egra CCC with fictitious meter change at the data base of the WBSEDCL. After detection of such inconsistency, the OP issued a proposal to the higher authority for prevention of such corruption causing drainage of huge government revenue. Total 68 customers including this complainant and his father were/are involved in such type of corruption.  The OP contends that total 9974 units have been drained out by the complainant by replacing fictitious meter. Finally as per direction of Bidyut Bhavan, the OP office has regenerated all the disputed energy bills with correct meter reading and also correct meter No. in the data base and served the bill upon the petitioner which the petitioner disputed. An FIR was also logged against one Sri Soumyadep Pramanik for involvement in such activity and Egra PS started case no. 171 of 2017 dated 22.03.2017 and the investigation is still going on.  It is the contention of the OP that until and unless the outstanding dues are cleared by the petitioner, no question of reconnection arises and there is no question of changing the name of tenancy in the name of the complainant.

          Under such circumstances, the OPs have prayed for dismissal of the complaint petition with cost.

          On the basis of above pleadings of the parties the issues needs consideration are(1) whether the case is maintainable and (2) whether the claimant is entitled to get the reliefs as prayed for.

DECISION WITH REASONS.

          We have carefully gone through the complaint, written version on affidavit and the documents filed by the complainant as well as the OPs. Heard the ld. advocate for the parties in full.

          In this case the complainant has prayed for compensation of Rs. 15,000/-  for mental agony and loss of income and legal expenses of Rs. 5,000/-, totaling Rs. 20,000/-.

          Father of the complainant namely Radhaballav Bag was admittedly a consumer under the OPs being ID No. 223089381. According to the complainant the electric line was disconnected due to long explanation of bills without any intimation. According to the OPs the complainant did not pay the bill dated 02.05.2017,the charges for the month  of March to April, 2014, issued by the Op to the complainant, but the complainant stated that already said bi9lls have been paid and complainant verbally informed to the OP as well by registered post. The complainant also alleges that complainant continuously informed the OP for transfer his name in place of his late father but OP did not effect the correction and the complainant paid the bills as usual. Hence, it is a deficiency of service and unfair trade practice on the part of the OPs.

          Ld. GP, appearing for the Ops argued that it is found from the office records that the domestic service connection of the complainant Sri Taraknath Bag son of Radhaballav Bag bearing ID No. 223089381 stands in the name of his father and meter No. 45434560 was allotted by the contemporary Station Manager, Egra  CCC. After taking several meter reading several quarterly energy bills were generated and sent to the petitioner regularly and mentioning the time for payment. The petitioner or his father were involved in some malpractices and he has regenerated the energy bills in connivance with some tout/miscreants in Egra area with the help  of an ex-employee of Egra CCC with fictitious meter change at the database of the WBSEDCL. After detection of said type of anomaly the Egra Divisional Authority had issued a proposal to the higher authority for prevention of the corruption in the data base and taking legal action against the miscreants those who are involved in such type of revenue drainage activities of the OP. In this matter total 68 nos. of consumers including the petitioner Sri Taraknath Bag or his father was founds to be involved in such type of fictitious meter change and drainage of revenue of the Company. From Annexure I and II it would be seen that the actual meter No. 45434560 (last digit is numeric 0 was replaced by fictitious meter No., 4543456O (last digit is Alphabet(O )by giving initial meter reading from 1161 to 11,135 units, causing total 9974 units  to the revenue  of the OP. AS per direction of the Corporate Vigilance Cell of the WBSEDCL Vidyut Bhavan, the OP has re generated all disputed energy bills by  correct meter reading and also correct meter No. in the data base  and served the bill upon the complainant. After thorough investigation by the Corporate Vigilance Cell, WBSEDCL, they instructed the Divisional Manager, Egra Division for lodging FIR at Egra PS against  Sri Soumyadip Pramanik and one Sri Achinta Shasmal and Egra PS case No.171/17 dated 22.03.17 had been started, Vide Annexure III. The investigation is still going on. It is also alleged that the complainant s/o late Radhaballav Bag and also the complainant were  regularly  sent the energy bills after taking proper meter reading but involving some malpractices he regenerated the energy  bills in connivance with some tout. Naturally the complainant paid less energy bills showing low consumption. So it is clear that he had outstanding dues.

         The complainant did not change the name of his father Radhaballav Bag in the service connection meter. As per present system of WBSEDCL, intimation is sent to the mobile of the consumer through SMS whenever energy bills are generated. So, when the correct bill was generated from the office of the OP the consumer has received SMS to his registered mobile No.ie, 9647888690. But complainant never lodged any written complaint about the energy bill but had submitted a letter as evidence which was also without signature. So, according to the OPs there is no receipt of the letter.

          As complainant did not submit the death certificate of his father nor the legal heir certificate to the office of the OP and not complied any commercial formalities of the WBSEDCL, so there is no question of changing the tenancy in favour of the complainant.

          We have heard the submission of the ld. GP appearing for the OPs.

          It appears in most of the cases against WBSEDCL the ld GP has argued that some male practices are going on for re generating the energy bills in connivance with some tout/miscreants in Egra Area and also in the District of Purba Medinipur. So, it seems that this Forum should not hear again and again this type of allegation. Vigilance of the OP Department should take action agonist this corruption otherwise the Forum will direct the Vigilance to take action against the wrong doers and also the persons who are connected with such illegal activities. In this case is appears that the complainant has not mutated his name in place of his later father. So, the question of giving him compensation and litigation cost does not arise. The complainant should submit the death certificate of his father to the OP Department and legally mutate his name in place of his late father otherwise the complainant  is not entitled to get any relief from this Forum.

          Hence it is,

                                                    ORDERED

          That the CC No. 343 of 2017 be and the same is dismissed on contest against the OPs.

         The parties do bear their respective costs.

          Let a copy of this judgement be sent to the Vigilance Department of the WBSEDCL immediately for taking necessary action.

          Let copy of this order be supplied to both the parties free of cost.