The case of the complainant in a nutshell is that the complainant is a consumer under the Opposite party being Consumer I.D. no. 163158933 and installation no. 12581057. On 20.3.2015 when the complainant was not present in his house some personnel of the OP Company came and disconnected the power supply line of the complainant. The further case of the complainant is that in pursuance of Execution Case No. 24 of 2013 arising out of C.C case No. 11 of 2006 , the complainant paid Rs.19,043 /- to the OP as per order of this Ld. Forum in seven instalments with an additional amount of Rs.361/-. Thus, the complainant has nothing due to be paid to the OP but inspite of that, the OP disconnected the power supply to the complainant without serving any notice upon the complainant. Hence, this complaint.
The Op has contested the case by filing written version denying inter alia all material allegations. The positive case of the OP is that the petitioner in this case vides Consumer ID no.163158933 did not pay the outstanding dues from December 2014 amounting to Rs.15, 415/- upto 2.1.2015. As a result the office of the present OP issued to him a notice for disconnection of his service connection on 17.1.2015, if he did not pay the said outstanding dues. Thereafter, since the consumer did not comply the said notice, his service connection line was disconnected by the present OP. The OP further submits that on receiving one Court’s order from this court on 26.3.2015 the OP reconnected the power supply line to the complainant on 28.3.2015. But the present OP found in the next quarter consumption bill for the month of March, April and May 2015 issued in favour of the complainant vide Service connection line 163158933 as per meter reading , the complainant did not pay said consumption bill till 30.4.2015. Hence, the OP prays for dismissal of the case.
The complainant filed photo copy of instalment bill sent by the OP to the complainant, Photo copy of seven receipts of payment by the complainant, photo copy of electric bill dated 10.10.2014. Complainant also filed Affidavit- in- Chief and Written Notes of Argument. OP on the other hand filed photo copy of certified copy of order of Execution case no. 24 of 2013, photo copy of billing status for computer print out , photo copy of reading status for meter reading of electric connection name of Ram Chandra Ghosh and photo copy of previous billing status as on 28.7.2014. OP also filed Affidavit in chief and written notes of argument.
Upon pleadings, written version and the documents filed by all the parties the following points are framed for proper adjudication of this case.
Points
- Whether the petitioner is a Consumer ?
- Whether there is any deficiency in service on the part of the OP?
- Whether the complainant is entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for easiness of discussion. From the materials on record it is transparent that the Complainant is a ‘Consumer’ as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant herein is enjoying electricity having service connection in his name supplied by the OP Company and it is admitted by the OP Company being the service provider.
The opposite party being the largest Electric Supply Company throughout the state having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. Programs. So the role of OP Company for the development of the society is unquestionable. The OP herein is the Station Manager of an office of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The OP Company providing power in the rural areas in different projects for a long period. That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffers from paying accumulated units at a higher rate. As a consequence the consumers suffer a lot and make their grievances for remedy.
It appears from the case record that the complainant paid the bills amounting to Rs.19404/- to the OP towards outstanding amount of dues as suggested by the OP Company alongwith the current bills upto Nov.2014. Due to old age and financial stringency the complainant could not pay the last two bills raised by the OP amounting to Rs.15415/- for the period from Dec.2014 to Jan.2015 appears to be inflated and absurd according to the complainant. In his evidence on affidavit he admitted that the statements received from the OP Company in connection with this case that it is evident that default in payment of electricity bills on his part commences from Dec.2014 and continues till date. If an opportunity be given to him he will make payment of the arrear bills. The OP in his written argument as well as evidence on affidavit assailed that for nonpayment of due amount of Rs.15415/- leads to such disconnection. The complainant prayed for installments for paying the due amount during the period of argument.
From the above discussion we may safely conclude that the complainant is under liability to pay the due amounting to Rs.15415/- as he consumed power at relevant point of time. So the OP is also directed to receive the due amount of the complainant amounting to Rs.15415/- in 5 equal installments to be paid within 15th day of that month starting from the month of January, 2018.
OP has liberty to collect the present bills as per the consumption of the complainant.
4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant could not able to prove his case beyond any doubt and the Opposite Party is not liable to pay any compensation for deficiency of service.
ORDER
Hence it is ordered that the complaint be and the same is allowed in part on contest with no order as to cost against the Opposite party.
The complainant is directed to pay the due amount of Rs.15415/- in 5 equal installments to be paid within 15th day of that month starting from January,2018.
The OP is directed to collect the outstanding dues bill dated 29.10.2015 in installments in 5 equal divisions and prepare further bills in accordance with meter reading within 45 days from the date of receiving this order.
The OP is also directed to reconnect the power connection of the complainant within 7 days after getting 1st installment.
Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.
