w w w . L a w y e r S e r v i c e s . i n



Bikash Kr. Saha v/s The Branch Manager, Muragachha, Dharmada CCC


Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

    First Appeal No. A/495/2018

    Decided On, 13 August 2019

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SAMARESH PRASAD CHOWDHURY
    By, PRESIDING MEMBER & THE HONOURABLE MRS. DIPA SEN (MAITY)
    By, MEMBER

    For the Appellant: Sandip Roy Chowdhury, Swarupa Ghosh, Advocates. For the Respondent: Suvendu Das, Asha Ghosh, Advocates.



Judgment Text

Samaresh Prasad Chowdhury, Presiding Member

The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of Complainant Sri Bikash Kumar Saha to assail the Final Order/Judgement dated 22.03.2018 passed by the District Consumer Disputes Redressal Forum, Nadia at Krishnanagar (in short, ‘Ld. District Forum’) in Consumer Complaint No. 97/2017. By the impugned order, the Ld. District Forum allowed the complaint lodged by the Appellant under Section 12 of the Act on contest with the direction upon the Opposite Party/Respondent to regenerate the bill with 10 instalments as per provisions of WBERC within 30 days from the date of order. After payment of first instalment by the complainant, the OP is also directed to connect the electric connection of the complainant without any delay. Thereafter, the complainant will pay the rest nine instalments regularly. The Opposite Party/Respondent was further directed to pay compensation of Rs.2,000/- to the complainant/appellant within 30 days from date.

The Appellant herein being Complainant lodged the complaint before the Ld. District Forum stating that being a resident of Villl + P.O.:-Muragachha, P.S.- Nakashipara, Dist-Nadia he has an electric connection in his house being Consumer ID No. 334070129 corresponding to Service Connection No.12757/D. The complainant states that due to his illness, he could not pay the electricity bill for the period of February, 2017 and March-2017 for which OP sent a notice to him in March, 2017 amounting to Rs.76/- and outstanding till February, 2017 Rs.2,575/- aggregating Rs.2,651/- to be paid within 31.03.2017. The complainant has alleged that on 30.03.2017, the electric line of his house was disconnected for which he could not pay the amount of bill in accordance with the notice dated 18.03.2017. Hence, the appellant approached the Ld. District Forum with prayer for following reliefs, viz.- (a) restoration of the electric connection without imposition of any penalty; (b) to pay compensation of Rs.50,000/- etc.

The Respondent being Opposite Party by filing a written version has stated that the complainant did not pay bills for the period from February, 2017 to July, 2017 and he was allowed 4 (four) numbers of instalment to pay the bills vide Instalment order No.100300132199 dated 02.06.2017 but the OP did not pay the same. The OP has also stated that inspite of having ample scope to pay the bills, the complainant did not pay the same for which the service connection was disconnected.

After assessing the materials on the record, the Ld. District Forum by the impugned order allowed the complaint with certain directions upon OP, as recorded above. Being dissatisfied with the amount of compensation, the complainant has come up in this Commission with the present appeal.

Ld. Advocate for the Appellant has submitted that the Ld. District Forum has committed an error by awarding a compensation of Rs.2,000/- contrary to the demand of Rs.50,000 by the appellant and as such the impugned order should be set aside and a higher amount as compensation should be awarded in favour of the appellant/complainant.

Per contra, Mr. Suvendu Das, Ld. Advocate has contended that the WBSEDCL has principally agreed to comply with the order of Ld. District Forum in toto but the question of enhancement of compensation is not at all tenable considering the loss suffered by the appellant.

Admittedly, the Appellant being a resident of Vill+P.O.-Muragachha, P.S.- Nakashipara, Dist-Nadia is a ‘consumer’ under West Bengal State Electricity Distribution Company Limited (WBSEDCL) being Consumer ID No. 334070129 corresponding to Service Connection No.12757/D. It is transpired that on 18.03.2017 a notice was issued by WBSEDCL upon the appellant asking him to make payment of Rs.76/- for the month of March, 2017 and outstanding upto Febrtuary, 2017 of the 2,575/- totalling Rs.2,651/- and it was further directed to make payment the amount within 31.03.2017. However, on 30.03.2017, the service connection of the appellant was disconnected. Therefore, it is an apparent negligence or deficiency on the part of the OP/Respondent.

Therefore, when it was found that OP/Respondent was deficient in rendering services, in accordance Section 14(1)(d) of the Act, the appellant is entitled to compensation. Now, the question is whether the amount of compensation of Rs.2,000/- awarded by the Ld. District Forum is justified or not. For appreciation of the same, it would be worthwhile to reproduce the provisions of Section 14(1)(d) of the Act which runs as follows-

“14. Finding of the District Forum. – (1) if, after the proceeding conducted under Section 13, the District Forum is satisfied that the goods complaint against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely :

...........

(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party”.

The sine qua non for entitlement of compensation is proof of loss or injury suffered by the consumer due to the negligence of the opposite party. Once the said conditions are satisfied, the Consumer Forum would have to decide the quantum of compensation to which the consumer is entitled. There cannot be any dispute that the computation of compensation has to be fair, reasonable and commensurate to the loss or injury. There is a duty cast on the Consumer Forum to take into account all relevant factors for arriving at the compensation to be paid.

Therefore, the assessment of compensation depends upon the facts and circumstances of the particular case. In the instant case, the service connection of the respondent was disconnected due to non-payment of bills within time. Even the impugned order speaks that the service connection of the appellant was directed to be reconnected on payment of arrear bills by way of 10 instalments. So, it is quite apparent that appellant himself also contributed the negligence. The only lacuna made by the WBSEDCL by disconnecting the line prior to 31.03.2017. In fact, the electricity line of the appellant was disconnected on 30.03.2017 i.e. just one day before the actual date of disconnection. In that perspective, the imposition of compensation of Rs.2,000/- does not appear to be inconsistent with the facts and circumsta

Please Login To View The Full Judgment!

nces of the case, more particularly, when only a bill of Rs.2,651/- has been raised by the respondent. After giving due consideration to the submission made by the Ld. Advocates appearing for the parties and on going through the materials on record, we do not find any merit in the appeal. As a result, the appeal is liable to be dismissed. Consequently, the appeal is dismissed on contest. However, there will be no order as to costs in this appeal. The impugned judgement/final order passed by the Ld. District Forum is hereby affirmed. The Registrar of the Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Nadia at Krishnanagar for information.
O R







Judgements of Similar Parties

01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
01-10-2020 Sayyad Shabbir Sheikh @ Sayyad Shabbir Saha Versus State of Maharashtra High Court of Judicature at Bombay
28-09-2020 Emirates Airlines Versus Srikanta Saha & Others National Consumer Disputes Redressal Commission NCDRC
03-07-2020 Manoj Kumar Saha @ Manoj Kumar Sah Versus State of Bihar through the Principal Secretary, Prohibition, Excise & Registration Department, Govt. of Bihar, Patna & Others High Court of Judicature at Patna
13-05-2020 Swapan Kumar Saha Versus Bangiya Gramin Vikash Bank & Others High Court of Judicature at Calcutta
18-03-2020 Pushpak Infrastructure Pvt. Ltd. Versus Goutam Saha & Others National Consumer Disputes Redressal Commission NCDRC
11-03-2020 Bidyut Kumar Saha Versus Tapa Saha High Court of Tripura
25-02-2020 M/s. Tridev Express Cargo, West Bengal Versus IPSITA Saha, West Bengal National Consumer Disputes Redressal Commission NCDRC
25-02-2020 M/s. Tridev Express Cargo Versus IPSITA Saha National Consumer Disputes Redressal Commission NCDRC
25-02-2020 Neeta Saha, Member of Suspended Board of Palm Developers Pvt. Ltd., U.P. Versus Ram Niwas Gupta (Proprietor of Ram Niwas Gupta & sons), New Delhi & Others National Company Law Appellate Tribunal
20-02-2020 Kaushik Saha Versus The Genaral Manager, SBI & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
14-02-2020 Subhash @ Subash Deb Nath Versus On Death of Bishnupada Saha His Legal Heirs - Archana Saha & Others High Court of Gauhati
10-02-2020 Lipika Dey (Saha) Versus Babul Kumar Saha High Court of Tripura
07-02-2020 Bijali Saha & Another Versus Riman Saha High Court of Tripura
03-02-2020 Debasish Saha Versus Godrej Properties Limited National Consumer Disputes Redressal Commission NCDRC
24-01-2020 Kalyani Saha & Another Versus M/s. Chowdhury Projects Pvt. Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-01-2020 Pankaj Behari Saha V/S The State of Tripura, Represented by the Chief Secretary, Government of Tripura & Others High Court of Tripura
17-01-2020 Monotosh Saha Versus Sanjit Thakurata & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-01-2020 Bibhas Saha & Others Versus State of West Bengal & Others High Court of Judicature at Calcutta
03-01-2020 Debasish Saha & Others Versus Godrej Properties Limited & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
22-11-2019 Santi Swaasthalaya & Anusandhan Kendra Pvt. Ltd. Versus Iti Saha & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
15-11-2019 Debdas Saha Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-11-2019 Sanjay Kumar Saha Versus UCO Bank & Others High Court of Judicature at Calcutta
30-09-2019 Goutam Saha Versus Sona Halder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
20-09-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
18-09-2019 Shibani Saha & Another Versus Subhasish Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
28-08-2019 M/s. Aridipa Enterprise Rep. by its partner, Soma Basu Versus Partha Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
21-08-2019 M/s. Bose Enterprise Rep. by Rana Basu & Another Versus Chayanika Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-08-2019 Jagannath Saha @ Rinku Versus The State of West Bengal High Court of Judicature at Calcutta
09-08-2019 Sukanta Saha Versus State of West Bengal & Others High Court of Judicature at Calcutta
30-07-2019 Kishori Mohan Sinha alias Singha Versus Kumaresh Saha & Others High Court of Judicature at Calcutta
24-07-2019 Debabrata Dutta Versus Joy Gopal Saha & Others High Court of Judicature at Calcutta
23-07-2019 Abir Saha & Others Versus The State of West Bengal & Another High Court of Judicature at Calcutta
16-07-2019 Gouri Saha Versus Amarendra Nath Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
05-07-2019 Make My Trip (India) Pvt. Ltd. Versus Manabendra Saha Roy National Consumer Disputes Redressal Commission NCDRC
05-07-2019 Kabita Saha & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
01-07-2019 Union of India, Represented By The Secretary, Ministry of Home Affairs & Others Versus Ranjit Kumar Saha & Another Supreme Court of India
01-07-2019 Ranjit Kumar Sarkar Versus Pew Saha & Others National Consumer Disputes Redressal Commission NCDRC
31-05-2019 Sribash Chandra Saha & Others Versus Rubber Board & Others High Court of Tripura
29-05-2019 Sushmita Saha Versus M/s. Amarpali Property Construction & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
29-05-2019 Nandini Bala Saha Versus Dr. M. Pramanik & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
23-05-2019 Sanjukta Saha & Others Versus Chandana Saha & Others High Court of Judicature at Calcutta
17-05-2019 Tapan Kumar Saha Versus State of Jharkhand High Court of Jharkhand
29-04-2019 Shree Shew Prokash Saha Versus M/s. DLF Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
25-04-2019 M/s. Kamala Construction Pvt. Ltd. Versus Soumen Saha West Bengal State Consumer Disputes Redressal Commission Kolkata
17-04-2019 Monjur Alam Mallick Versus Rajib Saha High Court of Judicature at Calcutta
05-04-2019 Bhajan Saha Versus State of Tripura High Court of Tripura
29-03-2019 Bank of Baroda Versus Susmita Saha High Court of Delhi
27-03-2019 Tapas Dey Versus Aronjit Saha & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
26-03-2019 Bhelupada Saha @ Velupada Saha Versus Prahallad Ghosh & Others High Court of Judicature at Calcutta
25-02-2019 Dr. Prasanta Saha Versus Pritam Sarkar & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
13-02-2019 The Station Master, Berhampore Court Station P.O. & P.S. & Others Versus Aditya Kumar Saha West Bengal State Consumer Disputes Redressal Commission Kolkata
30-01-2019 Sumit Kumar Saha Versus Reliance General Insurance Company Ltd. Supreme Court of India
28-01-2019 Sangita Saha Versus Abhijit Saha & Others Supreme Court of India
21-01-2019 Dipak Kumar Saha Versus Bandhan Bild Con. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
08-01-2019 Bhajan Saha & Others Versus The State of West Bengal & Others High Court of Judicature at Calcutta
07-01-2019 Partha Sarathi Saha (Proprietor of M/s Sri Krishna Automobiles) Versus Assistant Provident Fund Commissioner High Court of Delhi
28-11-2018 Sanjib Saha & Another Versus Bengal Unitech Universal Infrastructure Pvt. Ltd. National Consumer Disputes Redressal Commission NCDRC
01-11-2018 Sanjoy Saha Versus The State of West Bengal & Others High Court of Judicature at Calcutta
01-11-2018 Biltu Saha & Others Versus The Union of India, Through the Comptroller & Auditor General of India, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
08-10-2018 Soma Saha Versus Assam Power Distribution Co Ltd. High Court of Gauhati
01-10-2018 Mandira Saha Versus Sona Halder & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
24-09-2018 United India Insurance Co. Ltd Versus Uttam Kr. Saha & Others High Court of Gauhati
19-09-2018 Jayanta Saha, Kolkata Versus Dcit, Circle - 25, Kolkata Income Tax Appellate Tribunal Kolkata
18-09-2018 Mobile Store Versus Subal Saha & Another Tripura State Consumer Disputes Redressal Commission Agartala
14-09-2018 Kamal Saha Versus The Union of India, Represented by the Secretary to the Government of India, Ministry of Communication & IT Department of Posts, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
05-09-2018 Anand Kumar Saraogi & Another Versus Amitamoyee Saha & Others High Court of Judicature at Calcutta
31-08-2018 Milon Roy Chowdhury Versus Ashis Kumar Saha & Others High Court of Judicature at Calcutta
28-08-2018 Joydeb Saha Versus Ashim Kumar Ghosh & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
08-08-2018 Suman Saha Versus Andaman & Nicobar Administration & Others High Court of Judicature at Calcutta
08-08-2018 Deepak Kumar @ Deepak Kumar Saha Versus Ombir Singh & Others High Court of Delhi
06-08-2018 Archana Roy (Saha) & Others Versus Sanjib Bhattacharjee & Others High Court of Tripura
31-07-2018 Mani Saha Versus Apollo Gleneagles Hospital & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
30-07-2018 Paramita Saha (Nandi) Versus Birangshu Narayan Dash Sharma & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
27-07-2018 Debabrata Saha Versus State of West Bengal High Court of Judicature at Calcutta
23-07-2018 Reliance General Insurance Co. Ltd. Versus Dulali Saha & Others High Court of Tripura
03-07-2018 Sukumar Sutradhar & Another Versus Sanjoy Saha West Bengal State Consumer Disputes Redressal Commission Kolkata
25-06-2018 Sanjib Ratan Saha Versus The Institute of Cost Accountant of India & Others High Court of Judicature at Calcutta
18-06-2018 Dr. Arindam Butt Versus Manoj Kumar Saha & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
06-06-2018 Tapan Kumar Saha Versus Susmita Bhowmik & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
25-05-2018 Joydeb Saha Versus Mihir Lal Mukherjee National Consumer Disputes Redressal Commission NCDRC
16-05-2018 Manager, Bank of Baroda Jodhpur Park Branch Versus Susanta Saha National Consumer Disputes Redressal Commission NCDRC
27-04-2018 Gopal Saha Versus Anil Roy Chowdhury & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
26-04-2018 Dr. Anirban Jana, Medical Officer, Kasturi District Hospital Versus Kamal Saha & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
25-04-2018 Sunipa Saha Versus State of Tripura High Court of Tripura
19-03-2018 Sima Saha Versus Prabir Kumar Saha High Court of Tripura
15-03-2018 Rama Saha Versus M/s. Dream Dwellings & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
16-02-2018 Reliance General Insurance Co. Ltd. Versus Sumit Kumar Saha & Another National Consumer Disputes Redressal Commission NCDRC
15-02-2018 Shree Shew Prokash Saha Versus M/s. D.L.F. Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
15-02-2018 Union of India Versus Ranjit Kumar Saha High Court of Gauhati
02-02-2018 Dr. Kunal Saha & Another Versus Principal Secretary, Department of Health And Family Welfare, Government of West Bengal & Others High Court of Judicature at Calcutta
10-01-2018 Chittaranjan Saha & Others Versus Arun Kumar Das High Court of Judicature at Calcutta
08-01-2018 Tapati Saha & Others Versus Sukumar Dutta & Another High Court of Judicature at Calcutta
04-01-2018 Joydeb Saha Versus Mihirlal Mukherjee High Court of Judicature at Calcutta
02-01-2018 Shanti Dey @ Santi Dey Versus Sri Suvodeep Saha High Court of Judicature at Calcutta
07-12-2017 Tapas Kumar Saha Versus The State of West Bengal High Court of Judicature at Calcutta
04-12-2017 Ashis Kanti Saha Versus The Tripura Khadi & Village Industries Board, Represented by its Chairman, Agartala & Others High Court of Tripura
04-12-2017 Bijoli Rani Saha @ Bijali Saha Versus Prabal Basak High Court of Judicature at Calcutta
15-11-2017 Chhana Rani Saha Versus Mani Pal @ Kaltu Pal Supreme Court of India
14-11-2017 Sayed Ekram Saha & Others Versus Debendra Kumar Pati & Others High Court of Orissa