STATE CONSUMER DISPUTES REDRESSAL COMMISSION WEST BENGAL FIRST APPEAL NO. SC/19/A/236/2023 STATION MANAGER, WBSEDCL & ANR.

PRESENT ADDRESS - CHITTASHALI GROUP ELECTRIC SUPPLY P.O. & VILL.-

CHITTASHALI, NADIA ,WEST BENGAL.

SECRETARY & SR. MANAGER, REGIONAL GRINENCE REDRESSAL FORUM PRESENT ADDRESS - OFFICE OF THE WBSCDCL BEJIKHALI POWER HOUSE COMPLEX P.O.- KRISHNAGAR., P.S.- KOTWALI NADIA WEST BENGAL ,WEST BENGAL.

.......Appellant(s)

Versus HAREN SANYASI PRESENT ADDRESS - VILL.- DOGACHI , SRIBAN PARA P.O.- DOGACHI, P.S.- KOTWALI NADIA ,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MRS. SOMA BHATTACHARJEE , PRESIDING MEMBER HON'BLE MRS. SAMIKSHA BHATTACHARYA , MEMBER FOR THE APPELLANT:

ASHA GHOSH (Advocate) FOR THE RESPONDENT:

NEMO DATED: 15/09/2025

ORDER

Samiksha Bhattacharya, Member The instant appeal has been filed by the appellants Station Manager, WBSEDCL, Chittashali Group Electricity Supply and Secretary & Sr. Manager (HR & A), Regional Grievance Redressal Forum, Krishnanagar against the respondent Haren Sanyasi u/s 41 of C.P.Act, 2019 challenging the impugned order dated 08.09.2022 passed in CC Case No.57 of 2019 by the Ld. DCDRC, Nadia.

Facts of the case, in brief, are that the respondent/complainant (hereinafter referred to as ‘complainant’) applied for new electricity service connection before the Appellant No.1/OP No.1 (hereinafter referred to as ‘OP No.1’)on 22.02.2010 and the OP No.1 after considering the application asked to the complainant on 14.07.2010 to deposit Rs.350/- as quotation. Complainant deposited the quotation amount and the OP no.1 provided the electricity service to the complainant. But the OP No.1 neither gave any yellow card nor sent any bill to the complainant. Complainant requested to OP No.1 to provide Yellow Card as well as, electric bill which was duly received by OP No.1.On 14.07.2015 OP No.1 provided Yellow Card and the reading was noted as 9759 units but no bill was given at that time and therefore the complainant sent a letter to OP No.1 which was duly receive d on 02.07.2015. Thereafter, after gap of 7 years on 05.07.2017 complainant received one bill from OP No.1 amounting to Rs.81,733/-. Further, on 08.04.2018 OP No.1 demanded Rs.90,871/- as arrear bill. On 12.06.2018 OP No.1 arbitrarily disconnected the service connection. Hence, the complainant has filed the consumer complaint before the Ld. DCDRC praying for a final order directing the OPs to raise fresh bill following the average consumption unit for the previous years according the Electricity Act, to restore the electric service connection line of the complainant alongwith compensation of Rs.50,000/- for harassment, mental pain and agony.OP No.1 contested the case by filing written version denying all material allegations inter alia stated that complaint is bad for defect of parties and barred by law of limitation. They have also stated that the complaint is barred by principle of estoppels, waiver and acquisance. OP No.1 has admitted that the complainant is an admitted bonafide consumer and at the time of giving connection no yellow card was given to the complainant. On14.07.2015 a yellow card was given to the complainant and they have also admitted that after seven years they demanded Rs.81,733/- from the complainant. The reasons stated in written version for this delay has been mentioned as bifurcating the area of Krishnanagar Road Station CCC and Bagula CCC. Being aggrieved person, complainant would have filed the complaint before the Electrical Ombudsman for proper redress.

Ld. DCDRC allowed the complaint case on contest against OP No.1 and exparte against OP no.2. The order of the Ld. DCDRC concerned is reproduced as under:

“Hence, it is, Ordered, That the present case vide no.CC/57/2019 be and the same is allowed on contest against the OP no.1 and allowed ex-parte against OP no.2 with cost of Rs.3000/-

(three thousand only) to be paid only by OP no.1 in favour of the Complainant.

OP no.1 is directed to give an further amount of Rs.5,0