DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

D.F.Case No.20/2010

Complainant: Abu Taleb Midday,

                        Vill.-Jamtara,

                        P.O.-Amarargarh,

                        P.S.-Aushgram,

                        Dist.-Burdwan.

 VERSUS 

Opposite Party:1. The Divisional Manager,

                                WBSEDCL,

                                Durgapur Division,

                                City Centre, P.O &

                               P.S.-Durgapur, Dist.-Burdwan.

                           2. Station Manager,

                               Budbud Group Electric Supply,

                               WBSEDCL,

                               P.O. & P.S.-Budbud,

                               Dist.-Burdwan.

Present :  Hon’ble President: Biswarup Bandyopadhyay

                 Hon’ble Member :  Sri Madan Mohan Roy

Appeared for the Complainant: Ld. Advocate Tripti Kr. Mukherjee

Appeared for the Opposite Party No.1 & 2:  Ld. Advocate Biswanath Nug.

Date of delivery: 05/01/2012

JUDGEMENT

            The case of the complainant, briefly stated, is that he is a bonafide consumer of electricity for his husking mill business which is the only source of income for maintaining his family and the Consumer No. is I030610 with service connection No.171/1.   Allegedly,  the meter attached to complainant’s service connection went out of order due to voltage fluctuation, for which  the complainant applied for replacement of the defective meter by new one.  On 27.6.2009 a quotation was issued and as per demand the complainant paid Rs.9000/- along with Rs.100/- for reconnection charge.  But no action has yet been taken for replacement of the defective meter by a new one.  Hence the present case wherein the complainant has prayed for relief as per schedule to the complaint.

            The O.P., Electricity Department has contested the case by filing written version, denying inter-alia all the material allegations of the complainant though admitted the service connection in question and the fact of defective meter.  It is specifically stated that for the period from April, 2002 to May, 2004 an amount of Rs.47,731/- was due against the complainant as per meter reading when the meter was running properly and thereafter on average basis and out of the due amount the complainant only paid for the month of April and May and thereafter defaulted leading the outstanding dues of Rs.29,067/- for the bill period from July, 2002 to May, 2004 and the complainant prayed for instalment to meet the outstanding dues.  The service connection could not be restored for the default of the complainant in the payment of outstanding dues.  It is also stated that in view of the provisions of Electricity Act, 2003 the case is not maintainable before this Forum in view of the fact that the grievance of the complainant should have been ventilated before the Regulatory Commission or before the competent person empowered in this regard by the said act.

 The complainant has filed evidence on affidavit and some xerox copies of documents. 

In the context of the above it is now to be determined as to;

1.  Whether the complainant is entitled to get relief/reliefs as per his prayer in the complaint?

DESCISION WITH REASON

            During argument it transpires that admittedly the meter in question was defective and for the replacement of the same the complainant had applied and in connection with complainant’s application, he was advised to pay charges as per quotation and the complainant accordingly paid the same.  It further transpires from the submission that admittedly the balance amount of Rs.29,067/- was due against the complainant, for which awaiting payment of the outstanding amount, the new service connection has not been provided.  It is also admitted that the complainant applied before the O.P. for easy instalments to meet the outstanding dues.  In the circumstances, during argument both parties agreed that the outstanding amount of Rs.29,067/- would be paid by the complainant in 8 (eight) consecutive monthly installments and thereafter the new service connection as per prayer of the complainant would be provided.  In view of the above fact and circumstances, the case of the complainant is disposed of accordingly.  Hence,

ORDERED

the complainant is entitled to get a decree in this case in so far as the restoration of service connection is concerned.  The complainant is, however, not entitled to any compensation or cost of litigation in view of the admitted fact of outstanding dues.  The O.P., Electricity Department is directed to restore new service connection to the complainant by installing new meter of proper voltage for running the Husking Machine of the complainant within one month after the payment of the outstanding amount of Rs.29,067/- by the complainant in consecutive 8 (eight) monthly instalments.

           (Sri Biswarup Bandyopadhyay)        

             Dictated and corrected by me.                                                         President       

                                                                                                   D.C.D.R.F., Burdwan.

                (Sri Biswarup Bandyopadhyay)

                               President,

                   D.C.D.R.F., Burdwan.

                                                                         (Sri Madan Mohan Roy)                

                                                                                     Member,    

                                                                          D.C.D.R.F.,Burdwan.