Present:     Sri.   Sukharanjan Das  .....…………………..….......President              

                                          Sri. Samaresh kumar Mitra .........…….…..…………Member           

                                          Smt. Runa Ganguly  ...................................................Member

Sri Sukharanjan Das, President

Order No.24, dated 18/02/2014

The Station Manager, Dinhata Opposite Party No. 1 has filed his W/V through his Ld. Agent.

No step has been taken for the Complainant none appears/responds on repeated calls.

Perused the record.

It appears that today is fixed for passing necessary order.

On scrutiny of the materials on record it appears that on 01-11-2012 the instant case was Registered on the Complaint Sri Sukanta Das.

It has been alleged that their Electric Meter No. B-16045901 was in the name of his Grandfather Lt. Heramba Ch. Das vide Consumer No. B-160571. The bill amount were being paid by the Complainant but due to defect in meter the connection was disrupted which was replaced by a new meter for which the Complainant paid Rs. 1,404/- to W.B.S.E.D.C.L., Dinhata on 23-09-2011.

Thereafter, a bill for the months of February, March, April, 2012 was received in the name of Sukanta Das demanding Rs. 5,697/-. The earlier quarterly Bills, before the aforesaid bill in the name of Sukanta Das, were of Rs. 298/-, Rs. 300/- appx. There was no mention in the bill as to why such excessive bill was sent.

The Complainant served Lawyer’s Notice against W.B.S.E.D.C.L., Dinhata to rectify the bill but he got no response from the Opposite Party i.e. the Station Superintendent W.B.S.E.D.C.L., Dinhata, Cooch Behar hence he enclosing Xerox copies of 3 Electric Bills and other letters has filed in this case before this D.C.D.R.F., Cooch Behar praying for direction to W.B.S.E.D.C.L., Dinhata to rectify the aforesaid bill of Rs. 5,697/-.

Award compensation of Rs. 20,000/- for his mental harassment.

Any other relief as the Forum deem fit and proper.

03-12-2012 was fixed for appearance of the Opposite Party along with written version on affidavit.

On that date Ld. Advocate Mr. DhrubaJyoti Karmakar appeared and filed a petition seeking documents from the Complainant as agent of the sole Opposite Party which was forthwith served and the Opposite Party was directed to file W/V on 17-12-2012 when the Opposite Party to adjournment to file W/V and 27-12-2012 was fixed. On that date also the Opposite Party took adjournment which was allowed fixing 11-01-2013 as last chance.

On 11-01-2013 for the Opposite Party a petition u/s 26 of the C.P. Act, 1986 was filed in presence of the agent of the Complainant, Sri Debasish Biswas & Sunil Das, Ld. Advocates vide Agentnama dated nil. 22-01-2013 was fixed for hearing the petition with liberty to file W/O if any, in the meantime.

On 22-01-2013 the Complainant/Agent was absent without step. For the Opposite Party one memo of appearance was filed but the agent was absent on call and 07-02-2013 was fixed for hearing the said petition u/s 26 of the C.P. Act, 1986.

On 07-02-2013 the Opposite Party was absent without step. For the Complainant a petition was filed for time to file some document which was allowed fixing 21-02-2013 and some documents were filed. Both parties were present; but 14-03-2013 was fixed for hearing the petition.

On 14-03-2013 both parties were present but for the Opposite Party the Ld. Agent filed a petition for time for hearing the petition u/s 26 of the C.P. Act, 1986 and 01-04-2013 was fixed for the same but on that date for the Complainant a petition was filed stating that a compromise process is going on. On the other hand, the Ld. Agent of the Opposite Party filed a petition for a further date for filing essential documents which was allowed with direction to complainant to file paper in connection with the compromise if any.

On 22-04-2013 both parties by appearance submitted that compromise proceedings was going on and prayed for time which was allowed fixing 21-05-2013. On that date also by petition time was prayed for to arrive at a compromise and 06-06-2013 was fixed. On that date though the Ld. Agent of the Opposite Party appeared no step was taken by the Complainant and in that circumstance 14-06-2013 was fixed for hearing the petition dated 11-01-2013 u/s 26 of the C.P. Act, 1986.

On 14-06-2013 both sides Ld. Agents have submitted as to arrival at compromise and the Ld. Agent for the Complainant has filed a so called “Apos Mimangsar Chuktipatra” in a Ten Rupees Indian Non-Judicial Stamp bearing signature of the Ld. Agent for the Complainant and a received Seal with Signature with date 13-06-2013 of the Office of the Divisional Manager, Cooch Behar (D) Division W.B.S.E.D.C.L. reflacting contention of withdrawal of the instant case subject to consideration of the disputed bill and transfer the electric connection in the name of the Complainant.

Surprisingly, for the Opposite Party there appears no assent to such improper compromise document.

It also appears that the Ld. Agent for the Complainant has filed a petition (copy ?) before this Forum addressed to the Divisional Manager, W.B.S.E.D.C.L., Cooch Behar Division stating that the Complainant wants to withdraw the instant case subject to the aforesaid two conditions. It also bears alike received seal with date 13-06-2013 but without any date by the Ld. Agent for the Complainant.

However, this Forum fixed 15-07-2013 for further order. On that date none appeared for the Complainant and no step was also taken. The Ld. Agent for the Opposite Party appeared. There was no whisper as to compromise and 01-08-2013 was fixed for appearance of both the parties and further order.

On 01-08-2013 both sides Ld. Agents have appeared and the Ld. Agent for the Complainant filed a petition stating that efforts are being made to arrive at a compromise and it requires time which was allowed fixing 03-09-2013 for compromise if any and further order.

On that date 03-09-2013 the Complainant was absent without step. The Ld. Agent for the Opposite Party appeared and has such for the time to arrive at compromise and 01-10-2013 was fixed for compromise if any and further order.

On 01-10-2013 also alike matters appeared before this Forum and the Complainant was show caused as to why the case shall not be dismissed and 04-11-2013 was fixed for settlement and to file S/c i/d necessary order.

On 04-11-2013 the Complainant was absent without step. The Ld. Agent for the Opposite Party appeared. The Office did not issue the Notice of show cause and 22-11-2013 was fixed for show cause. Till date also the Notice was not issued. B.C. was directed to take step fixing 16-12-2013 for filing S/c by the Complainant.

On 16-12-2013 the Ld. Agent for the Opposite Party appeared but no step was taken by the Complainant. The Ld. Agent for the Opposite Party has submitted that the talk of compromise is going on for amicable settlement. The copy of order dated 16-12-2013 was ordered to be sent to the Complainant by Speed Post fixing 03-01-2014 and the Opposite Party was directed to file written version on that date without fail.

It appears that on 03-01-2014 the A/D against Notice No. 238/PR dated 19-11-2013 registered on 05-12-2013 received back under signature of the Complainant without date and no step has been taken by the Complainant and none also appeared for the Complainant.

On the other hand the Ld. Agent for the Opposite Party has filed a time petition for filing W/V but on call he has found absent on repeated calls and none also move the petition. Accordingly, today is fixed for passing necessary order.

At this juncture, we found that the case should be heard on merit though the conducting of the case by both the parties in litigation speaks of clandestine, dismal steps inspite of appointment of Ld. Advocates as Agent to conduct the case.

Hence, let the W/V be kept in CR and the Complainant be show caused as to why the case shall not be dismissed u/s 26 of the C.P. Act, 1986.

Fix 18-02-2014 for reply of show cause and further order.

The Ld. Advocate for the Opposite Party files a petition, by appearance stating that the Complainant has abstained from appearing before this Forum and also not responded to show cause hence, he has prayed for dismiss the case in the ends of justice to the Opposite Party.

We find substance in the submission of the Ld. Advocate for the Opposite Party.

The Complainant appears to have willfully violated orders of this Forum on different dates inspite of appointment of Ld. Agent/Advocate for the Complainant.

On perusal of the complaint with the annexures “A” to “G” and not filing of evidence within the span of more than 15 months and abstaining from appearance before this Forum and the contents of written version of the Opposite Party No. 1 though filed on 28-01-2014 i.e. after entering appearance on 03-12-2012 on the plea of amicable settlement by both the parties, we have no hesitation to rely on the W/V of the Opposite Party No. 1 and calculation therein as to justifying the bill correct specially when the Complainant without transfer of the electric supply in his name acted against the Electricity Act & Rules, Regulations therein and subsequent conduct we decide the case on merit in favour of the Opposite Party and against the Complainant as it is found the Complainant instituted before this Forum, to be frivolous on vexatious and on the grounds stated before herein it is ordered that the complaint be and the same is dismissed on merit with direction to the Complainant Sukanta Das that he shall pay Rs. 1,000/- (One thousand) to the Opposite Party (the actual Opposite Party) i.e. the Station Manager, W.B.S.E.D.C.L., P.O. & P.S.- Dinhata, District- Cooch Behar, within 30 days of receipt of this order failure of which he shall pay @ Rs. 100/- per day for each day’s delay on expiry of that period of 30 days to the S.C.W.F.

Let copy of the formal Final Order in sheets pages 1 to 4 be supplied to the Complainant/the Opposite Party above by hand/Registered Post with A/D for necessary action.

Thus, the petition of the Opposite Party the Station Manager, Dinhata dated 28-01-2014 is also disposed of in terms of aforesaid order together with the other petition of today i.e. 18-02-2014.

Dictated and corrected by me.                                                                                                                           

                 President,                                                            President,

   District Consumer Disputes                               District Consumer Disputes

Redressal Forum, Cooch Behar.                        Redressal Forum, Cooch Behar.       

                 Member,                                                              Member,

   District Consumer Disputes                               District Consumer Disputes

Redressal Forum, Cooch Behar.                        Redressal Forum, Cooch Behar.