Case: West Bengal State Electricity Distribution Co. Ltd. through the Station Manager Vs Mr. Gurupada Majumder S/o Late Jogendra Nath Majumder. West Bengal State Consumer Disputes Redressal Commission
| Judges | P.K. Chattopadhyay and S. Coari, Members |
| Issue | Consumer Laws |
| Judgement Date | February 12, 2010 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
S. Coari, Member, (West Bengal)
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The present Appeal has been directed against the judgement and order dt. 29.7.09 passed by the Ld. District Forum, Nadia, in C.F. Case No. CC/09/29 wherein the Ld. District Forum allowed the complaint case on contest with cost of Rs. 1,000/- together with compensation of Rs. 5,000/-.
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The Complainant/Respondent's case before the Ld. District Forum, in brief, was that initially the complainant was a consumer under the OP/Appellant in respect of a commercial connection meant for his hotel business. Subsequently the complainant applied for conversion of commercial connection into domestic connection as his hotel business was stopped. It was the further case of the complainant that the meter in question was defective, but the same was not corrected or changed by the OP. Instead of that the complainant received an inflated consumption bill to the tune of Rs. 4431/- for the period commencing from December, 2008 to February, 2009. The complainant challenged the inflated bill, which resulted disconnection of his line. Being aggrieved and dissatisfied with such action on the part of OP the complainant sought for Redressal before the Ld. District Forum by filing a complaint case.
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The OP/Appellant contested the case by filing written version thereby denying all the material averments of the petition of complaint contending inter alia that though the hotel business was not functioning in the premises in question, but the same was used as a school at the instance of the complainant and hence, there was suppression of material facts at the instance of the complainant and the same cannot be considered to be a domestic consumption. The bill in question raised by the OP was the result of average billing calculated as per established norms and conditions. The complainant having instituted the complaint case on all false and fictitious grounds the same is liable to be dismissed with cost.
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Ld. District Forum while disposing of the petition of complaint has observed that there was deficiency in service at the instance of the OP inasmuch as the average bill was prepared not observing the usual procedure. Besides that, there was no reason on part of the OP to disconnect the electric connection when the complainant raised the bonafide dispute. Ld. District Forum has also observed that as the OP has not approached the Forum with clean hands, question of approaching the appropriate forum in terms of the grievance...
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