DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 131/2024    

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.01

Dated.21.05.2024

Today is fixed for admission hearing. Ld. Advocate for the Complainant is present. Case is taken up for hearing on the point of admission hearing. Heard Ld. Advocate for the Complainant. Perused records and documents annexed with the petition of complaint.

Complainant prayed for direction upon the O.Ps to raise bill from January 2023 to May 2024, to render essential service of electricity in the premises of Complainant, to restore electricity connection in the service connection of Complainant, compensation amounting to Rs. 2,00,000/-, litigation cost amounting to Rs. 40,000/- and other reliefs.

He alleged that O.P No. 2 raised monthly bill for the month of October 2022 to December 2022 amounting to Rs. 20,202/- due to financial stringency, complainant could not pay the same in time. While he was preparing himself to make payment then Opposite Parties all on a sudden visited his premises and disconnected the service connection. Then and there Complainant visited the O.P No. 2 to make payment against the said bill with a request to hand over the next three months bill.

On perusal of record we find that on 18/08/2023, Complainant paid Rs. 20,188/- in respect of consumer id 100786221.

Thereafter on 16/08/2023, O.P No. 1 and 2 along with their men visited the residence of Complainant and leveled allegation of hooking. They made a provisional assessment order dated 16/08/2023.

On perusal of the said document, we find that said order was passed on 16/08/2023.

On perusal of document dated 24/08/2023, we find that said document has described as order of final assessment in respect of consumer id no. 100786221 and assessment has made amounting to Rs. 4,79,098/-. During hearing, Ld. Advocate for the Complainant submits that on 08/09/2023 Complainant paid Rs. 2,39,549/- out of aforesaid assessment of Rs. 4,79,098/-.

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          C.C. No. 131/2024    

Complainant further argued that O.P No. 1 and 2 by a letter dated 15/05/2024 in respect of consumer id no. 100786221 gave 8 installments in respect of remaining amount of Rs. 2,17,313/- and date of payment of first installment is 20/06/2024 and Complainant accepted the same and he shall pay the aforesaid amount on the dates mentioned in the said letter.

Ld. Advocate for the Complainant further argued that there is no dispute relating to the aforesaid assessment.

He further submits that Complainant has the grievance against the O.Ps because O.P No. 1 and 2 took re-connection charge amounting to Rs. 100/- from the Complainant but till date connection has not yet been restored. He referred a money receipt dated 18/08/2023 and submits as the O.P No. 1 and 2 took Rs. 100/- for re-connection of the service line, so they are bound to give re-connection of the service connection of the Complainant in respect of the service connection vide no. 100786221. He referred the said receipt which is the running page no. 23.

We have carefully gone through the same and find that no. of the said receipt is 5910779, consumer id no. is 102151999. Name of the consumer is Tarit Bose.

Accordingly we find that said receipt has no connection with the present case. Said receipt is not the receipt in connection with Complainant’s service connection vide no. 100786221.

On perusal of record we also find that O.Ps has assessed the amount relating to theft of electricity amounting to Rs. 4,79,098/- dated 24/08/2023 which was subsequently modified by final assessment dated 17/10/2023 amounting to Rs. 4,56,826/- out of the said amount Complainant paid Rs. 2,39,549/- on 08/09/2023.

In respect of remaining amount of Rs. 2,17,313/-, O.P No. 1 and 2 allowed 8 installments @ Rs. 27,164/-. There is no dispute relating to aforesaid assessment.

Ld. Advocate for the Complainant argued that O.Ps took re-connection charge amounting to Rs. 100/- by issuing one money receipt but they did not gave re-connection till date.

Said receipt stands in another name and it is relating to another service connection vide no. 102151999.

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          C.C. No. 131/2024    

During hearing Ld. Advocate for the Complainant cited decision of Patna High Court, reported in AIR 2013 PATNA 11 and decision of Hon’ble Supreme Court reported in 2013 (4) SCC Criminal AIR 2013 (SC) 2766. We have carefully gone through the same and we find that Complainant is not entitled to get any benefit of aforesaid two decisions.

In view of above we find that Complainant failed to established his case before this Commission so that we can admit the case.

In view of above we also find that Complainant failed to established the petition U/s 38 (8) of C.P. Act, 2019 before this Commission so that we can entertain the same.

In the result, present case fails as not fit for admission.  

Hence,

                             It is,

                                       Ordered,

That the present case be and the same vide no. C.C./131/2024 along with petition U/s 38 (8) of C.P. Act, 2019 are dismissed being not admitted.

Member                                             President