Ld. Advocate(s)
For Complainant: Abdur Rahim Shaikh
For OP/OPs : Dilip Kr. Saha/Debraj Das
Date of filing of the case :14.08.2018
Date of Disposal of the case :20.01.2023
Final Order / Judgment dtd.20.01.2023
Complainant Bablu Biswas files the present complainant against the aforesaid opposite parties under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and prayed for New Connection, cost of the case and compensation amounting to Rs.2,50,000.00(Two lakhs).
It is the allegation of the complainant that he purchased one application form from the OP No.1 and thereafter he filed the same before the OP No.1. Thereafter OP No.1 issued quotation in favour of the complainant and complainant deposited Rs.735.00(Rupees Seven hundred thirty five) before the OP No.1 on 28.08.2012 but no connection was given to him. But OP issued on bill to the complainant for the period from 19.11.2012 to 22.03.2013 vide consumer id no.300280930 and meter no.T1784738. Subsequently another bill was issued for the period from 22.03.2013 to 03.07.2013 in respect of aforesaid consumer id and meter.
Thereafter complainant filed an application to the OP No.1 & OP No.2 on 05.03.2013. Thereafter OP No.1 endorsed in the bill “152179442 Moragachha CCC 7/2014 connection dated 23.09.2012” and sent to Moragachha CCC 31.01.2014.
Thereafter another bill was prepared for the period from 11/2013 to 01/2014 amounting to Rs.833.00 (Rupees Eight hundred thirty three) and sent to the complainant. Thereafter on 23.12.2013complainant filed an application before OP No.1 demanding electric connection as per his application vide no.3000214034.
Complainant filed another application before the OP NO.2 on 09.03.2015 demanding his service connection as per his application no. 3000214034.
Thereafter complainant came to learn from the OP’s website that one customer id was created vide no.300280930 in the name of complainant Bablu Biswas and outstanding amount of May, 2017 has mentioned as 1581.84 vide invoice no.552000268485, of June, 2017 as Rs.100.68 vide invoice no.552000268485, of July, 2017 Rs.100.68 vide invoice no. 552000268485.
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Thereafter complainant made one written complaint before the Divisional Manager, Tehatta Division who is the Higher Authority of OP NO.1 & 2 stating the entire facts and demanded new connection but no fruitful result was found.
On 31.01.2014 one meter was installed in the house of complainant without any consumer id and no connection of electricity was given. Moreover OPs issued one yellow card. In the said card service connection no. has mentioned as XX229798 and name of customer has noted as Ainul Haque.
Thereafter complainant made a legal notice to the OP NO.1 & 2 but they did not take any action. Hence, the complainant files this case.
OP No.1 filed written version before this commission and denied the entire allegations and further stated that there is no deficiency in service on their part.
They further contended that complainant’s house situated under the jurisdiction of OP No.2 and he has a permanent connection vice meter no.B2088461, installation no.18563252 having reading of 1875 units on 03.10.2018. Electric connection was given to the complainant on 28.08.2012 vide meter no.B2088461. But agency gave a wrong information and wrong meter was installed in the system as a result confusion was created and said wrong number of the meter was P1784738 against another person in the name of Bablu Biswas. Later on said mistake was corrected and actual meter was placed in the premises of the complainant. Complainant has a meter vide no.B2088461. He prays for dismissal of the case.
Trial
During trial complainant Bablu Biswas filed affidavit in chief. He filed certain documents.
OP No. 1& 2 not yet produced any evidence i.e. affidavit in chief. But they filed certain documents.
Documents
Following documents have been produced on behalf of complainant viz :
- Xerox Copy of Money Receipt issued by W.B.S.E.D.C.L.....(One sheet)
- Xerox copy of Application of complainant dtd.23.12.2013.....(One sheet)
- Xerox copy of Application of complainant dtd.09.03.2015.....(One sheet)
- Xerox copy of Application of complainant dtd. 28.08.2012.....(One sheet)
- Xerox copy of Application of complainant dtd.16.08.2016.....(One sheet)
- Xerox copy of Application of complainant dtd. 28.06.2016.....(One sheet)
- Xerox copy of Legal Notice of Prasenjit Biswas, Advocate......(One sheet)
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- Xerox copy of letter issued by Station Manager, Bethuadahari CCC....(One sheet)
- Xerox copy of Quotation issued by Bethuadahari CCC......(One sheet)
- Xerox copy of Consumption Bill issued by WBSEDCL.....(Three sheets)
Following documents have been produced on behalf of OP No.1 & 2 viz :
1.Original copy Reading History Details (For last 3 years).......(One sheet)
2. Original copy of Outstanding details(Excluding INT Bills).....(One sheet)
3. Original copy of Meter Informations......(One sheet)
4. Original copy of Consumer Informations.........(One sheet)
Brief Notes of argument.
Complainant in support of his case not yet filed any Brief Notes of Argument.
OP No. 1 & 2 in support of their case not yet filed any Brief Notes of Argument.
Argument
Ld. Adv. for the complainant argued before this commission that complainant filed application for new service connection but till date that has not yet given by the OP No.1 & 2 and on the other hand they are claiming electrical bill from the complainant. Hence the complainant filed this case.
At the time of hearing Ld. Adv. for the OP NO.1 & 2 was not present.
Decision with Reasons
It is the allegation of the complainant that complainant filed application for new service connection but till date that has not given by the OP No.1 & 2. On the other hand they are claiming electrical bill from the complainant. Hence the complainant filed this case.
It is the case of OP NO.1 that they had given electrical connection to the complainant on 28.08.2012 vide meter no.B2088461. Complainant has deposited application against the wrong meter no.P1784738 whose jurisdiction falls under Moragachha Dharmada CCC.
The main contention of the OP NO.1 is that the complainant filed application for service connection before the OP No.1 but his residence situated under OP NO.2.It is the further case of OP No.1 that one service connection was given to the
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complainant along with meter. But it is the case of the complainant that one meter was only installed and no service connection was given to the said meter.
It is the further allegation of the OP No.1 that bill was claimed from the complainant as per meter reading.
In this case OP No.2 not yet appeared nor filed any W/V so we could not get any opportunity to hear the contention of OP NO.2.
OP NO.1 could not produce any document in support of the fact that meter vide no.P1784738 was given to the complainant and electrical connection was given to the said meter. I find from the contention of the complainant which has mentioned in the petition of complaint that meter vide no.P1784738 was installed in his resident but service connection was not given in the connection of the said meter. OP NO.1 could not produce any document in support of the fact that service connection was given to the residence of the complainant. Even they could not produce copy of up to date consumption bill and copy of up to date reading of the meter. Even they could not produce reading card in connection with the said service connection.
From the aforesaid discussion it is clear before us that OP NO.1 failed to established his contention which he mentioned in his W/V.
On the other hand complainant in his affidavit in chief has corroborated the allegation of petition of complaint. We do not find any reason to disbelieve the aforesaid evidence of the complainant. On the other hand complainant produced supported documents in support of his contention. We also do not find any reason to disbelieve those documents.
Having considered the facts and circumstances of this case, evidence on record and documents on record, we find that complainant has able to established that he filed an application before the OP No.1 vide no. 3000214034 and subsequently deposited Rs.735.00 (Rupees Seven hundred thirty five) as quotation money and subsequently got electric meter in his house vide no.P1784738 but he did not get any electric connection till date but OP No.1 claiming consumption bill from him.
From the contention of the petition of complaint, it is clear before us that the complainant is the consumer and OP No.1 & 2 are service provider under the Consumer Protection Act, 1986.
The aforesaid act on the part of OP NO.1 &2 are nothing but deficiency in service which demands interference of this Commission.
In the result present case succeeds. Hence,
It is
Ordered
that the present case be and the same is allowed on the contest against OP No.1 and allowed ex-parte against the OP No.2
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With cost of Rs.3000.00(Rupees three thousands) to be paid by OP NO. 1 &2 in favour of the complainant.
OP No.1-2 jointly or severally are directed to give service connection in the residence of the complainant connecting the electrical meter vide no.P1784738 within one month from this date failing which complainant shall have liberty to put this order into execution.
OP No.1-2 jointly or severally are directed not to claim any amount from the complainant as electrical charge before giving the aforesaid electrical connection to his house, failing which complainant shall have liberty to put this order into execution.
OP No.1-2 jointly or severally are directed to pay Rs.5,000.00(Rupees five thousand) to the complainant as compensation for his physical harassment and for her mental pain and agony within one month from this order failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to the complainant as free of cost.
Let a copy of this order be sent to OP NO.1-2 for compliance.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
