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CESC ltd. South Regional Office , 6, Mandevilla Gardens, Kol-19 4
C.C.no. 167 of 2008
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 PARGANAS
Judges Court Road, Alipore, Kolkata – 700 027
C.C. no._167___ of 2008
Date of filing_18.7.2008 Date of Disposal_24/03/09_
Before: President : Shri Dipak Shyam Roy
Member(S): A Roy Chowdhury & Sharmi Basu
COMPLAINANT : Sri Badal Sarma, ,s/o late Jogendra Chandra Sarma, of 14/13C, Bosepukur Road, P.S. Kasba, Kolkata - 42
- VERSUS -
O.P./O.P.'S : 1) District Engineer, CESC ltd. South Regional Office , 6, Mandevilla Gardens, Kol-19
2) Sri Ashim Kumar Sarma, s/o late Jogendra Chandra Sarma, of 17/5, Bosepukur Road, P.S. Kasba, Kol-42, Dist. 24 Pgs (S)
__________________________________________________ ______________________
J U D G E M E N T
This application under Section 12 read with Section 13 of the C.P Act, 1986 has been filed by the complainant Sri Badal Sarka against the O.Ps CESC ltd. Through its District Engineer(South) and Sri Ashim Kumar Sarma, the brother of the complainant.
The fact of the case in brief as made out in the petition of complaint is that the complainant is the joint owner having undivided 50% share in the flat situate at Sonartari Apartment of 17/5, Bosepukur Road, P.S. Kolkata – 42 and possessing the same jointly with other co owners Smt. Renuka Sarma ,the mother of the complainant. The father of the complainant since deceased was a consumer under the O.P CESC vide Consumer no. 02119125006 and Meter no. 2884472. After his death the said meter was changed in the name of the complainant on his prayer. From the bill of 2007 the complainant suddenly came to know that his name was deleted and the name of O.P-2 Ashim Kumar Sarma was incorporated. The complainant made request to the O.P CESC for rectification of the name of the consumer but the O.P-1 did not act upon it. The complainant has now prayed for a direction upon the O.P-1 to rectify the name of the consumer deleting the name of the O.P-2 and incorporating the name of the complainant and also has prayed for cost of this case.
The O.P-1 has contested the case filing written version and has admitted that the electric meter of the complainant's father , on his death, was transfered in the name of the complainant on production of a Deed of Gift. But the said supply of the complainant was disconnected on 27.2.2007 for outstanding dues. After discontinuance of supply, the Grievance Redressal Officer of the O.P no.1 received one objection letter dated 1.3.2007 from the complainant's mother Smt. Renuka Sarma ,claiming to be the original heir and successor of the electric meter of her deceased husband. With her consent and on payment of outstanding dues against the said meter, and on payment of a fresh security deposit of Rs. 700/- and after fulfilling required formalities , the disputed meter was transferred in the name of O.P-2, who is the another son of Smt. Renuka Sarma. The O.P-1 has alleged that the complainant has another electric line in the said premises and he failed to produce any legal document to prevent the O.P-1 to place its legitimate claim over the meter. The O.P-1 has also challenged the maintainability of the case on the ground that it is an internal disputes between the legal heirs of the original consumer.
The O.P-2 has also filed separate written version and has contended that the meter in question was disconnected by the CESC ltd and thereafter after demise of the original consumer the O.P-2 applied for conversion of his name of the said meter in his favour and complied with necessary formalities and made payment of requisite charges and the said meter was converted in his name and as such according to him there is no illegality on the part of the O.P-1. He prays for dismissal of the case.
Point for decision in this case are (i) whether the case is maintainable ,(ii) whether the dispute is a consumer dispute, (iii) whether it is the dispute civil in nature and (iv) whether the complainant is entitled to get relief as prayed for.
Decision of the Forum :-
The complainant has filed Evidenced on Affidavit and both the O.Ps have filed his evidence on affidavit .
Admittedly the parent of the complainant and the O.P-2 were the joint owners of the premises in question. From the Deed of Gift furnished by the complainant it transpires that his father has gifted his share of the said property in favour of the complainant. The property being undivided the legal heirs of the deceased, original consumer, are entitled to apply for change of the name in favour of one of them. Here no illegality was caused in changing the name of the meter. The evidence of the complainant is completely silent regarding the allegation made by the O.P-1 that electric charges were lying outstanding. Therefore, for non payment of dues it was very much within the competence of the O.P-1 to disconnect the line.
Now the mother of the complainant who is also the owner of 50% share of the property asked the CESC to change the name in favour of his son who is the O.P-2 in this case. The meter was changed in the name of O.P-2 on payment payment of dues and on payment of requisite deposits. The complainant cannot claim that he is the only authorised person under law to enjoy the electricity from the meter of his deceased father. As such there is nothing wrong in giving electric supply in the name of the O.P-2 with the consent of his mother who is admittedly the 50% owner of the house. If the complainant wants to enjoy electricity further, his duty is to apply for the electricity and to comply with all formalities including payment of necessary fees thereof.
Here after disconnection of the electric connection on the allegation of non payment of alleged dues and after changing the name of the meter in the name of another person, the complainant has ceased to be a consumer and there is no deficiency in service on the part of the O.P-1 CESC. , for which it cannot be held that the case is maintainable.
The dispute here is a dispute between the two brothers which is a dispute civil in nature and therefore, we pass following orders :-
The case be and the same is dismissed on contest without cost.
Member Member President
Dictated and corrected by me
President
Submit Complaint..
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