West Bengal

Alipurduar

CC/19/2024

Sri Sapin Goinka - Complainant(s)

Versus

West Bengal Electricity Distribution Company Limited - Opp.Party(s)

Som Sankar Dutta

25 Jun 2024

ORDER

In the District Consumer Disputes Redressal Forum
Alipurduar
Madhab More, Alipurduar
Pin. 736122
 
Complaint Case No. CC/19/2024
( Date of Filing : 24 Jun 2024 )
 
1. Sri Sapin Goinka
S/O Pream Goinka, Bata More, Station Road, Ward No. 12, Alipurduar Municipality, P.O. & P.S. & Dist. Alipurduar, Pin. 736121
...........Complainant(s)
Versus
1. West Bengal Electricity Distribution Company Limited
Mr. Satan Chaudhary, Divisional Engineer and Station Manager,Alipurduar, (A Government of West Bengal Enterprise), Office of the Station Manager, Alipurduar Puran Bazar Customer Care Centre, United Complex, Bakribari Chowpathi, P.O. & P.S. & Dist. Alipurduar, Pin. 736121
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Rajib Das PRESIDING MEMBER
 HON'BLE MRS. Smt. Giti Basak Agarwala MEMBER
 
PRESENT:Som Sankar Dutta, Advocate for the Complainant 1
 
Dated : 25 Jun 2024
Final Order / Judgement

Today the case is fixed for admission hearing.

            Ld. Advocate on behalf of the complainant is present today.

            Heard the complaint petition.

            We find that the dispute apparently a billing dispute. So, in view of the case law decided by the Hon’ble State Commission, Divisional Engineering and Divisional Manager, Dakhshin Dinajpur -vs- Smt. Asha Das, when there is a dispute as regards to amount of bill the complainant should have to move before West Bengal Electricity Regulatory Commission.

            In this regard the view was expressed by the Hon’ble Supreme Court reported in (2013) 8 SCC 491 (UP Power Corporation Ltd. and ors -vs- Anis Ahmad) the Electricity Act, 2003.

            The instant case is not admitted on the ground that the petitioner did not approach before the Regional Grievance Redressal Officer as per regulation 3.5 of the West Bengal Electricity Regulatory Commission.

            The provision of regulations reads as under 3.5 1(a) provides that, in case, there is any dispute in respect of the bill amount, the consumer may lodge a complaint with the Grievance Redressal Officer or the Central Grievance Redressal Officer of the license and thereafter to the Ombudsman in appeal against the order of the Grievance Redressal Officer or the Central Grievance Redressal Officer, in accordance with the provision of the concerned regulations.

            Accordingly, the consumer complaint being CC No. 19 of 2024 is dismissed without being admitted.

            However, liberty is given to the complainant to file a case afresh if he is not satisfied with the decision of the Appropriate Authority of the WBSEDCL, but he has to file the case within the period of limitation.

            Complainant is directed to file the grievance before appropriate authority.

Hence, it is;

                                                            Ordered

an application has been filed by the complainant u/s. 35 of the C.P. Act, 2019 alleging deficiency in service against the O.Ps.

The consumer complaint was filed on 24/06/2024 and the materials on record clearly manifest that the dispute apparently a billing dispute.

Considering the facts and the circumstances the instant case is not admitted.

Let the said order be considered as part of this final order.

Accordingly the consumer compliant being CC No.19/2024 dismissed without being admitted.

Let a copy of this final order be given to the party concern as per C.P Rules and Regulations, 2020.

 
 
[HON'BLE MR. Rajib Das]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt. Giti Basak Agarwala]
MEMBER
 

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