F I N A L   O R D E R

The complainant filed this case U/S 12 of Consumer Protection Act, 1986 with the prayer directing the O.P. to correct the illegal outstanding bill, to receive the current bills, not to disconnect electric connection of the complainant, to pay compensation of Rs.20,000/- for mental agony and harassment And to pay litigation cost Rs.5,000/-.

The case of the complainant in short is that the complainant was/ is the bonafide consumer of the O.P. having a domestic electric connection in his premises vide Consumer No.- T511095.

On 29.04.2014 the complainant went to deposit his electric bill for the period of April,2014 to June,2014 amounting to Rs. 440/-. But O.P. at his Karan dighi Office refuse to accept the said bill on the ground that previous outstanding bill for the month of March2009, January to march 2011 and July to Sept. 2011 agreegeting Rs. 2527/- is due to be deposited along with the current bill.

Complainant alleges that he regularly pays his bill upto March 2014 and there is no outstanding. Then on 30.05.2014 he wrote to the Station Manager Karandighi Office requesting him to instruct the bill collector to receive the bill for the month of April to June 2014 of Rs. 440/-. But the station manager did not reply his letter nor give any instruction to receive the bill. On the other hand he gave threatening to disconnect the electric supply for non-payment of Rs. 2527/- outstanding bill along with current bill of Rs. 440/-. Complainant alleges that he is a regular payee and there is no outstanding but the receipts showing such payments are not in his custody which he has lost/misplaced during white wash of his house. Finding no alternative the complainant filed this case with the prayer mentioned above.

O.P. appeared and filed written version denying the allegations of the complainant stating inter alia that the complainant is a domestic consumer. He has no cause of action to file this case. Till date he is consuming electric energy but he is habitual defaulter in payment of electricity bill. He defaulted in payment for the months of march2009, January to march2011 and july to sept. 2011 and making out a false story to avoid payment. He is bound to pay those outstanding bills including LPSC. There is no deficiency in service and negligency on the part of the O.P. therefore O.P. prays for dismissal of the case along with exemplary cost of Rs.50,000/- for such harassment.

DECISIONS WITH REASONS

To prove his case, the complainant submitted copy of disputed bill for the period January to March 2014 Amounting to Rs.440/-, showing outstanding of Rs. 2527/- and copy of the letter dated 30.04.2014, memo of evidence, oral evidence etc.

The O.P. also submitted W.V., Oral evidence and subsequently during hearing of this case he also filed bill payment statement since January 2007 to June 2014 of the Consumer Bijoy Krishna Das, Con. Id no.432027767 to establish its defence case.

We carefully perused the petition of complaint, photocopies of documents, W.V., memo of evidence and oral evidence considered the argument advanced by the parties.

On perusal of the complaint petition and on scrutiny of the photocopies of electric bills it reveals that the complainant was/ is the bonafide consumer of the O.P., since inception of installation of electric connection in the premises of the complainant since 1986 as he deposed as P.W.1. The complainant was paying the electric bills but not regularly. He admitted that he received the payment receipts regularly from 1986 to 2013 but the money receipt of the disputed period he could not produce which he lost. He further admitted that he never demanded copy of payment receipt for such period from O.P.

Station manager and AE at Karandighi deposed as O.P.W. no.1 and submitted the statement of bill payment by the complainant from January 2007 to June 2014. He further deposed in cross examination that such arrear bills being continuously shown in the subsequent bill and arrear can be claimed ever after two years. The outstanding arrear shows Rs.2527/- in total for the period of 03/2009, 01/2011 to 03/2011 and 07/2011 to 09/2011.  The bill dated 06.04.2014 also shows the outstanding particularly.

After hearing both sides and on perusal of the evidence on record and the documents filed, that is, the disputed bill and computerized bill payment statement it is clear that the complainant has defaulted in payment of bill for the period of March 2009, January 2011 to March 2011, July to September 2011 which is also reflected from the electricity bill of January 2014 to March 2014 showing total outstanding of Rs. 2527/-. As the complainant failed to produce any scrap of paper showing any payment for the disputed period the complainant hopelessly failed to establish his case. On the other hand O.P. Electricity co. has been able to prove that the complainant is a habitual defaulter in payment of electricity bill. Therefore the complainant is not entitled to get any relief as prayed for.

Fees paid is correct.

Hence, it is

ORDERED,

That the case being No.CC-56/2014 is dismissed on contest against the O.P. but with a cost of Rs. 500/- to be paid by the complainant for harassing the Forum and loss of valuable time of the Forum by making frivolous complaint in very negligent and lackadaisical manner. The cost of Rs. 500/- be deposited by the complainant to the State Consumer Welfare Fund within one month of this order.

Copy of this order be supplied to each parties free of cost.