DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE No.23/2008. Date of filing of the Case: 25.03.2008 Complainant | Opposite Parties | Mahabul Hoque, S/O. Late Lokman, Village – Latshi, Post. Dahua, P.S. Harishchandrapur, Dist. Malda. | 1. | The Station Manager Bhaluka Group Electric Supply, West Bengal State Electricity Distribution Co. Ltd. Village & Post Bhaluka, P.S. Harishchandrapur, Malda. | 2. | The General Manager West Bengal State Electricity Distribution Co. Ltd. Bidyut Bhavan, Salt Lake City, Kolkata – 92. | 3. | Assistant Engineer W.B.S.E.D.Co Ltd. Rabindra Avenue, Malda. |
Present: | 1. | Shri A.K. Sinha, Member | 2. | Smt. Sumana Das, Member |
For the Petitioner : Nabin Ch. Das, Sanjay Kr. Pathak, Advocates. For the O.Ps.: : Salil Kr. Das, Advocate. Order No. 11 Dt. 13.08.2008 The fact of the case in brief is that one Abu Sama who was consumer of WBSEB having service connection No.DNAC/1454, Consumer No.T-777652 has transferred the same in the name of the petitioner upon an agreement and applied before the O.Ps to change the name by depositing Rs.1750/- as fees. The petitioner, thereafter, made several request to the O.P. No.1 to provide electric connection but the O.Ps. did not pay heed to his approaches and no connection has been provided as yet. This gives rise to the instant petition of complaint for the reliefs as has been made in the petition of complaint. The O.Ps. (The Station Manager, Bhaluka Group Electric Supply, West Bengal State Electricity Distribution Co. Ltd. Village & Post Bhaluka, P.S. Harishchandrapur, Malda and The General Manager, West Bengal State Electricity Distribution Co. Ltd. Bidyut Bhavan, Salt Lake City, Kolkata – 92 and Asst. Engineer, W.B.S.E.D.C.L. Rabindra Avenue, Malda) have filed joint written version denying the material allegations against them and also alleged that the petitioner deposited charges for change of name of STW connection vide consumer No.T-777652 but has not complied with the formalities. The O.Ps. further alleged that the bills raised in the name of Abu Sama have remain unpaid which is to the tune of Rs.4686/- and the petitioner has not deposited the pending dues standing in the name of Abu Sama, and therefore, the suit is liable to be dismissed. On pleadings of both the parties the following points have emerged for effective disposal of the case. 1. Whether the petitioner be termed as consumer? 2. Whether the service of the O.Ps. suffers from deficiency? 3. Whether the petitioner is entitled to the reliefs as prayed for? :DECISION WITH REASONS: Point No.1: Ld. Advocate on behalf of the O.Ps. has vehemently opposed to consider the present petitioner as a ‘consumer’ in respect of STW connection No.T-777652 in view of 2(15) of the Electricity Act 2003. The supply of electric energy under the C.P. Act 1986 as amended upto date is hiring of services and not purchase of goods. According to Sec.2(1)(d)(ii) of the Act a person is said to be consumer who hires any service for consideration which has been paid or promised, partly paid and partly promised. Section 2(1)(o) means service of any description which is made available to potential users and includes the provision of facilities in connection with the supply of electrical or other energy. It appears from the record that the petitioner has filed the original receipt No.059526 dated 09.02.2007 for payment of Rs.1750/- for change of tenancy of service connection No.T-777652 to his name issued by O.P. No.1. Therefore, the petitioner is a potential user of electricity and he is ready to pay hiring charges of electricity. In view of the above this forum thinks it prudent that the petitioner falls within the definition of the word ‘consumer’ as defined in the Act. This point is thus disposed of in the affirmative. Point No.2: The petitioner has examined himself as P.W. – 1 and has corroborated the petition of complaint and also stated that the matter relating to the change of Tenancy of the STW connection was dealt by his son Obaidur Rahaman. He has filed receipt No.059526 dated 09.02.2007 of Bhaluka Group Electric Supply for deposit of Rs.1750/- in his name (Ext.-1), Memo no.BHES/CT/1813 dated 31.03.2008 of Station Manager Bhaluka Group Electric Supply (Ext.2), filled up application form for change of tenancy of STW connection No.T-777652 alongwith annextures (Ext.3). In cross examination he stated that he has no knowledge of the compliance of Ext.2 and admitted that he has not paid outstanding amount of Rs.4686/- of Abu Sama, nor he has deposited any affidavit or the deed to prove the existence of shallow machine. He further admitted that he is not conversant with this case, he simply put his signatures as and when required as per advice of his son and the shallow machine in question is existed in the land of Abu Sama P.W. –1 did not cite Abu Sama as witness although admitted in cross examination. Let us discuss what Obaidur Rahaman, the son of P.W. – 1 stated as P.W. – 2. P.W. – 2 stated that Abu Sama handed over the electric connection in question to his father (P.W. – 1) and paid Rs.1750/- to O.P. No.1 for name transfer. He has produced three receipts of payments of bills dated 09.02.2007 for the period 06.02.2007 to09.02.2007, bill dated 21.05.2007 for the period 05.07.2007 and bill dated 18.06.2007 for the period 06.07.2007 in the name of Abu Sama which have been marked Exbt-4 (Series). P.W. - 2 admitted in cross examination that payments as per Ext.4 (Series) have been made by him, no document has been filed in the Forum to show that Abu Sama has handed over the electric connection in writing. Heard arguments of both sides at length and considered. Ld. advocate for the O.Ps. has filed one computerized outstanding bill against connection No.T-777652, Dag No.1454 in the name of Abu Sama amounting to Rs.4841/- for the period from August 2007 to January 2008 and submitted that on compliance of the directions of Ext.2 the O.Ps. will provide electric connection to the petitioner and the service of O.Ps. does not suffer from deficiency. On careful scrutiny of the documents filed in this Forum it appears that the O.Ps. have received Rs.1750/- from the petitioner towards the charge of change of tenancy (Exbt-1) on 09.02.2007, a note sheet dated 01.03.2007 (Exbt.3 annexures) was prepared and forwarded by S.M. Bhaluka E/S to A.E. HCP (D)S/D for change of name from Abu Sama to Mahabul Hoque against connection No.T – 777652. On further scrutiny it appears that bill paid upto 03/07 enclosing xerox copy has been remarked in the note sheet. Strange enough to note that after forwarding the recommendation in the aforesaid note sheet on 01.03.2007 the O.P. No.1 has issued direction to file an affidavit, clearance from Abu Sama and to deposit outstanding dues of Rs.4686/- on 31.03.2008 after a lapse of one year. It appears from Ext.4 (Series) which are the receipts of payments of bills against the STW connection, in question, by the petitioner for the month of June 2007 standing in the name of Abu Sama which clearly manifest that no action taken by the O.Ps. to give effect to application of the petitioner for name transfer although the same was duly recommended and forwarded to the higher authority for approval on 01.03.2007. From above facts and circumstances, by no stretch of imagination it can be said that the service of the O.Ps. does not suffer from deficiency. At the same time it has also been evident that there has been an outstanding bill amounting Rs.4841/- upto June 2008 against the STW connection of Abu Sama being utilized by the petitioner as P.W. – 2 who admitted to have paid bills upto June 2007 standing in the name of Abu Sama (Exbt – 4 series). In this perspective the Forum finds opportunity to conclude by saying that “had there been no lacking on the part of the O.Ps. to give effect to the prayer of the petitioner as per the aforesaid note sheet dated 01.03.2007 the outstanding bills would not have been raised”. This Forum therefore, thinks that there can be no hindrance to conclude that the service of the O.Ps. suffers from deficiency in respect of change of tenancy discussed hereinabove. This issue is thus disposed of infavour of the petitioner. Point No.3: In the result the case succeeds in part. Proper fees have been paid. Hence, ordered, that the Malda D.F. Case No.23/2008 stands decreed in part on contest against all the O.Ps The petitioner do get electric STW connection No.T-777652 in his name. The O.Ps. do take steps to complete official formalities to transfer the name of the petitioner against STW connection No.T-777652 within 30 days from date. The petitioner do pay the outstanding bill amounting to Rs.4841/- upto June 2008 and also to supply a copy of Deed as already submitted to the O.Ps. within 30 days from date. In the peculiar circumstances there will be no order as to cost. Let a copy of this order be supplied to both parties free of cost at once. Sd/- Sd/- Sumana Das A. K. Sinha Member Member D.C.D.R.F., Malda D.C.D.R.F., Malda | 
