DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
E.A. NO- 23/2008
Date of Filing: Date of Disposal:
24.06.2008 12.12.2018
Dhr/s :- Jayanta Bhowal, S/o. Late Srish Ch. Bhowal,
58, Old Nimta Road, P.O. Nandan Nagar,
P.S. Belgharia, Dist- North 24 Pgs, Kol-83.
=Vs=
Jdr/s:- 1. Divisional Engineer, WBSEB,
Barrackpore, North 24 Pgs.
2. Asst. Engineer, WBSEB,
Aurobindo Nagar, E/s. S/D. 52, M.B. Road,
Kolkata-700049, Dist- North 24 Pgs.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Final Order
Today is fixed for passing order. Seen the case record, it appears that the Dhr preferred an appeal under Section 27A of the C.P. Act being First Appeal No. A/1174/2016 arising out of the order dated 11.11.2016 in case No. E.A. No. 23/2008 wherein Hon’ble SCDRC has been pleased to allow the appeal. The Hon’ble SCDRC has also been pleased to set aside the impugned order with a direction upon the parties who appeared before this District Forum on 22.11.2017 and on that date, the Appellant / Dhr must file an affidavit before the Ld. Forum-
- Whether in accordance with the direction passed in Appeal on 02.12.2014, he deposited 50% or not?
- Whether he is enjoying the electricity connection at the premises being 58, Old Nimta Road, P.O. Nandan Nagar, P.S. Belgharia, Kolkata-83, Dist- North 24 Pgs?
- Why the execution application has been filed in the year 2008 after lapse of 4 years from the date of order passed in appeal on 02.12.2014?
Hon’ble SCDRC also has been pleased to direct the Appellant / Dhr ‘if on the basis of the affidavit the Ld. District Forum is found substance, he will proceed to dispose of this case in accordance with law. Otherwise the Ld. District Forum will dismiss the execution case.
In compliance with the order of the Hon’ble SCDRC the Appellant/ Dhr submitted an affidavit on n22.11.2017 to the Ld. Forum. No copy of the same has been forwarded to the Jdrs. The record reflects that on the previous date none was present on behalf of the Dhr but Ld. Advocate for the Jdr was present.
Contd/-
E.A. NO- 23/2008
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Perused the affidavit filed on behalf of the Dhr/ Appellant. It appears there from that in response to question No.1 of Hon’ble SCDRC the Appellant / Dhr stated that he deposited 50% of the amount of Rs. 12,722/- out of the total bill amount of Rs. 35,444/- and the Jdr- WBSEB issued money receipt No. 080193 dated 24.01.2005. On calculation of the 50% of the amount of Rs. 35,444/- is Rs. 17,722/-. So, the Appellant/ Dhr has not been complied with the order of Hon’ble SCDRC.
In response of question No.2 of the Hon’ble SCDRC the Appellant/ Dhr stated that he is enjoying the electricity connection since then in the premises.
In response of question No.3 of the Hon’ble SCDRC the Appellant/ Dhr stated that the defective meter in question sent to CEI, West Bengal for examination and it was informed by the Jdr the necessary steps have been taken by the Jdr in compliance with the order of Hon’ble SCDRC. As such several years were elapsed. It was not intentional.
In our view on considering the above aspects and on the basis of affidavit, we found no substance as the Dhr/ Appellant has complied with the order of the Hon’ble SCDRC, so in view of the order of Hon’ble SCDRC the instant execution case is hereby disposed of on full and final satisfaction.
Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.
Member Member President
Dictated & Corrected by
