IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /159/2014.
Date of Filing: 26.11.2014. Date of Final Order: 28.03.2016.
Complainant: 1. Munshed Ali . S/O Late Ajmat Ali.
Vill.& P.O. Gudhia, P.S. Murshidabad, Dist. Murshidabad.
-Vs-
Opposite Party: The Station Manager, WBSEDCL, Daulatabad, P.O.&P.S. Daulatabad,
Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali …………………….. Member.
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying proper accounting of electric charges and installation of new transformer and compensation for Rs. 50,000/- for harassment and Rs.50, 000/- for loss of crops and mental pain agony.
The complainant’s case, in brief, is that the OP-WBSEDCL suddenly sent an outstanding bill for the month of May, 2014 amounting to Rs.21, 066/- and Rs.429/- for the month of June, 2014. The transformer from which the service connection has been connected the said transformer was burnt in the year 2001. Thereafter, no transformer has been installed. So, the OP is not entitled to get energy charges from July 2001 to 2005. Due to such deficiency in service the cultivation work of the petitioner has been seriously affected. Having no relief the complainant has filed the instant complaint. Hence, the instant complaint case.
The written version filed by the OP-WBSEDCL, in brief, is that the complainant is a habitual defaulter and never paid the Bill amount regularly. But at present only a sum of Rs.52, 446/- remains outstanding dues against L.P.S.C. for the month of 10/2014 to 1/2015. The complainant has to pay the amount. The OP has no deficiency in service. The complaint is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Point for decision.
- Whether the case is maintainable in its present form and in law?
- Whether the case is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get
Decision with Reasons.
Point Nos. 1 to 4.
All the points are taken up together for the sake of convenience.
The complainant has prayed for accounting of the bill and for installation of new transformer and compensation for Rs. 50,000/- for harassment and Rs.50, 000/- for loss of crops and pain agony.
The complainant’s case, in brief, is that the OP-WBSEDCL suddenly sent an outstanding bill for the month of May, 2014 amounting to Rs.21, 066/- and Rs.429/- for the month of June, 2014. The transformer from which the service connection has been connected the said transformer was burnt in the year 2001. Thereafter, no transformer has been installed. So, the OP is not entitled to get energy charges from July 2001 to 2005.
On the other hand, the OP’s case is that the complainant is a habitual defaulter and never paid the Bill amount regularly. But at present only a sum of Rs.52, 446/- remains outstanding dues against L.P.S.C. for the month of 10/2014 to 1/2015. The OP has filed relevant documents in support of their demand.
The complainant has filed evidence-on-affidavit, one application to the OP, WBSEDCL praying for exemption of outstanding dues. In this case the complainant has adduced no documentary evidence, nor the bill in question.
Considering the said bill relating to the agricultural purposes the complainant is directed to pay the same by some installments.
From the above discussions, we find that all the points are disposed of in favour of the complainant in part and the complainant is to pay Rs.52,446/- by 11 installments @ Rs.5000/- per month for 10 monthly installments and the last installment is of Rs.2,446/- .
Hence,
Ordered
that the Consumer Complaint No. 159/2014 be and the same is hereby allowed on contest in pat without any order as to cost.
The complaint is directed to pay the entire bill amount of Rs.52, 446/- by 11 monthly installments @ Rs.5000/- for 10 monthly installments and the remaining Rs. 2,446/- for the last installment.
The first installment is to be paid by the complainant as early as possible and the remaining installments are to be paid within the fortnight of each month.
The OP –WBSEDCL is to re-connect the electric connection in the STW-connection of the complainant within seven days after receiving the first installment .In default the OP is to pay five of Rs.50/- per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
