IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /160/2014.
Date of Filing: 26.11.2014. Date of Final Order: 29.03.2016.
Complainant: 1. Sajammel Sk. S/O Yaad Ali. Vill.& P.O. Gudhia, P.S. & Dist. Murshidabad.
-Vs-
Opposite Party: The Station Manager, WBSEDCL, Daulatabad, P.O.&P.S. Daulatabad,
Dist. Murshidabad. Pin 742302.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali …………………….. Member.
FINAL ORDER
Sri Samaresh Kumar Mitra , 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 for 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 amounting to Rs. 21,411/-. The transformer from which the service connection has been connected was burnt in the year 2001. Thereafter, no transformer has been installed. The complainant could not enjoy the service connection since 2001 to July 2005. The Opposite Party is not entitled to get the energy charges for that period. 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, for non-payment of his outstanding dues of Rs.50,680.84/- for the period of 9/2001 to 2/2006, 4/2008, 11/2008 to 2/2009, 6/2009 to 10/2009, 12/2011 to 10/2012. In spite of repeated demands the complainant has not paid the dues. 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 mental agony and Rs.50, 000/- for loss of crops.
The complainant’s case is that the OP-WBSEDCL suddenly sent an outstanding bill amounting to Rs. 21,411/-. The transformer from which the service connection has been connected was burnt in the year 2001. Thereafter, no transformer has been installed. The complainant could not enjoy the service connection since 2001 to July 2005. The Opposite Party is not entitled to get the energy charges for that period. Due to such deficiency in service the cultivation work of the complainant has been seriously affected.
The written version filed by the OP-WBSEDCL, in brief, is that the complainant is a habitual defaulter, for non-payment of his outstanding dues of Rs.50,680.84/- for the period of 9/2001 to 2/2006, 4/2008, 11/2008 to 2/2009, 6/2009 to 10/2009, 12/2011 to 10/2012. In spite of repeated demands the complainant has not paid the dues. The OP has no deficiency in service. The complaint is liable to be dismissed.
The complainant has filed evidence-on-affidavit. In this case the complainant has adduced no documentary evidence, nor the bill in question.
For absence of cogent evidence as to the excessive bill, the complainant is to pay the entire bill amount as claimed by the OP i.e SM. Daulatabad , WBSEDCL.
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.50,680.84 by 11 installments @ Rs.5000/- per month for 10 monthly installments and the last installment is of Rs.680.84/- .
Hence,
Ordered
that the Consumer Complaint No. 160/2014 be and the same is hereby allowed on contest in part without any order as to cost.
The complaint is directed to pay the entire bill amount of Rs.50, 680.84/- by 11 monthly installments @ Rs.5000/- for 10 installments and the remaining Rs. 680.84/- for 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 is to re-connect the electric connection in the STW-connection of the complainant after receiving the first installment. In default, the OP is to pay Rs.50/- as fine for 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.
