West Bengal

Paschim Midnapore

CC/140/2013

Goutam Kumar Ghosh - Complainant(s)

Versus

To Chandrakona Road, Customer Care Service Center - Opp.Party(s)

14 Oct 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.140/2013                                                         Date of disposal: 14 /10/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

    For the Complainant/Petitioner/Plaintiff : Mr. S. Biswas,  Advocate.

    For the Defendant/O.P.S.                       : Mr. S. K. Bhattarjee,  Advocate.                                   

          

    Goutam Kumar Ghosh, S/o Late Sashanka  Shekhar Ghosh, Vill & P.O.  Santbankura, P.S.  

    Garhbeta, Dist- Paschim Medinipur…………..Complainant

                                                           Vs.

    To Chandrakona Road, Customer Care Service Center, West Bengal State Electricity

    Distribution Company Ltd, At- & P.O.  Chandrakona Road, P.S. Garhbeta, Dist- Paschim   

    Medinipur...……………Op.

          The case of the complainant Sri Goutam Kumar Ghosh, in short, is that a hotel business at Santbankura Road side is being run by the complainant for his self employment with his living accommodation.  A checked meter has been installed.  It is alleged that a bill showing an outstanding amount without satisfactory reason has been claimed by the Op.  Being aggrieved the matter was reported to the higher authority for necessary correction of the said bill.  It is further alleged that in the event of non- payment of the said bill, the electricity supply will be disconnected.  Getting no solution there, the complainant has come before us with the prayer for passing necessary order of direction to the Op for modification of the bill and not to disconnect the supply line.    

           The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action.  Installation of checked meter is admitted by the Op.   It is alleged that the complainant did not pay the bill based on average consumption of electricity units through out the year.  Apart from that, the Forum cannot entertain this case on the ground that the complainant enjoys the electricity for commercial purpose.  Thus the case should be dismissed.

     Contd…….….P/2

 

 

- ( 2 ) -

 

          Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?
2. Whether the complainant has any cause of action for presentation of this petition of complaint?
3. Whether the case is barred by jurisdiction?
4. Whether the complainant is entitled for getting relief as prayed for.?

 

Decision with reasons

Issue Nos.1 to 4:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that the complainant runs a business as self employment.  For the fault of the Op the meter was burnt and a checked meter was installed.  On regular basis the complainant used to pay electricity bills.  But the problem arises due to an unrealistic bill claimed by the Op which is not correct in terms of the monthly units consumed by the complainant.  The matter was referred to the Op for necessary modification.  But no satisfactory result has taken place which amounts deficiency of service on the part of the Op.  So, there is every scope to direct the Op not to disconnect the supply of electricity.

        Ld. Advocate for the Op made his reply that the complainant is a business man who runs a hotel in using electricity from the Op.  So, the complainant has no benefit from this Forum in accordance with the provisions of Consumer Protection Act.  There is no evidence to show that the alleged business was started under self employment scheme.  Moreover, the bill in question is based on average consumption of electricity as recorded out of the checked meter.  So, there is no bonafide alternative to assess the actual consumption of the electricity.  In this question, the relevant documents have confirmed the outstanding amount to be paid by the complainant.  The case placed before the Forum on the part of the complainant should not be accepted for the purpose of relief claimed by him.  Thus, the case should be dismissed.

        In view of the case of both parties we have carefully considered the material evidence so far produced by them, it appears that there is no satisfactory evidence in support of the fact that the complainant runs a self employment business.  Secondly, the complainant failed to produce documentary evidence to prove that he used to pay electricity bills on regular basis.  On the other hand, there is dependable evidence in order to justify the claim of outstanding amount.  In this

Contd…………..P/3

 

- ( 3 ) –

 

connection, it is very much curious for us to note that there are no relevant informations and particulars towards the allegation made against the Op.

        Under the facts and circumstances, we do not find any satisfactory ground in the case of the complainant in order to allow the prayer made in the petition of the complaint. As a result, the case should be dismissed.

        All the issues are disposed of in favour of the Op. 

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dictation & Corrected by me

              

         President                          Member              Member                             President

                                                                                                                  District Forum

                                                                                                             Paschim Medinipur.