Electricity blues

We are setting up a new manufacturing unit. We had been made to pay Rs 28,000 as infrastructural development cost and Rs 34,200 as security deposit to get sanction of 28, H.P Electricity Supply, to WBSEB at their Sodepur sector office.

In our opinion there cannot be any justification at all to demand infrastructural development cost from us, a consumer. Our relation with WBSEB is of a buyer since we buy electricity from them and pay for that. So what relation do we have with their infrastructural development cost? To support our objection we would like to mention here that WBSEB takes from consumers the cost of meter, which they install in consumer’s premises but the same is refundable with interest. If they cannot take the cost of that meter from the consumer then how can they demand cost of any development whatsoever which has no relation with the consumer?

Please note that this demand has been introduced recently.

Regarding the security deposit, they may ask for an amount to secure payment of their bills for electricity sold. If so, then there should be a relationship between the amount of the bill and the time which the consumer takes to make the payment and the time which they allow before disconnecting the supply line and the security deposit. They should declare this relationship or ratio.

Moreover, they should either pay interest on security deposit made by cash or should accept security deposit by bank’s guarantee or NSC etc. which they do not. This matter has been referred to the hon’ble power minister. He has appreciated the objections and has referred the matter to the chairman WBSEB. The chairman is maintaining silence for more than four months. Despite repeated reminders by us and even a reminder from the power minister.

Please let us know whether we may file our complaint against the chairman WBSEB, in consumer redressal court. If so, can we do so at the Calcutta district forum?

Moral Enterprises
2, J.L. Nehru Road,
Calcutta

No response from the board.

In view of the present amendment of the Consumer Protection Act so effected on and from March 15, 2003, the definition of a consumer has been changed to a great extent and the person who avails services for any commercial purpose at present cannot claim to be a consumer since the aspect of commercial purpose has been taken out from the ambit of the definition of the consumer. In view of such circumstances the Consumer Protection Act will not be able to extend its co-operation for getting proper redressal to the consumer.

 

Bad investment

Deepali Sarkar (deceased on August 20, 2002) and I had jointly invested Rs 16,000 to Metal Box India Ltd at Calcutta in 1987 for one year. However, the said amount was not returned on maturity. We wrote letters to the company with request to make further correspondence but unfortunately no reply has yet been received. What is my remedy?

Sanjay Kumar Sarkar
Baishali Park, Sarala Bagan
Rajpur, Calcutta

No response from the company.

Metal Box India Ltd was in bad shape and as such the company declared its closure. As per information available the company is under BIFR scheme. But authenticity of the same is to be verified prior to taking any steps against the company stock. Kindly note that if by this time the company has obtained any order from the Company Law Board with regard to payment of fixed deposit amount under a scheme of deferred payment, you can still file a complaint before the consumer forum as per the recent decision of the Hon’ble National Consumer Disputes Redressal Commission passed in a revisional petition no 1932-1945 of 2002 in the matter of Prabir Ranjan Ghosh and others vs Yule Financing and Leasing Company Limited. But if it appears that the company is under BIFR then it would not be possible for the complainant to take recourse of COPRA for his relief and redressal.

 

Give me my due

We have three fixed deposits with Yule Financing. We applied to the company and wrote several letters asking them to repay the amount which is already matured but with no result. Please tell us how we can get back our matured amount.

Sumita Mukherjee, Nupur Banerjee,
J.K. Banerjee Purbachal Housing Estate, Salk Lake, Calcutta 97

No response from the company.

Yule Financing and Leasing Company Ltd obtained an ex-parte order from the Company Law Board and on the basis of this, the said company is under an obligation to repay the matured amount of the fixed deposit to its consumer under a scheme of deferred payment. But as per information given, the company has not replied with the said order in case of a large number of consumers. As a result many such consumers approached the consumer fora for their relief and redressal. Recently while adjudicating revision petition numbers 1932-45 of 2002 between Prabir Ranjan Ghosh and others vs Yule Financing and Leasing Company Limited, Hon’ble National Consumer Disputes Redressal Commission held : That a depositor can file a complaint for the amount due under the RBI Act before the appropriate forum or approach the Company Law Board under Section 45Q A. But once he files an application under section Section 45Q A of the RBI Act, he cannot file a complaint in a consumer forum. Keeping this in view those who had not approached the Company Law Board to get back the fixed deposit may approach consumer foras for relief.

 

No interest

I invested Rs 10,000 in a fixed deposit for a period of one year at the rate of 8 per cent with HDFC Bank. On maturity I was assured that I would receive Rs 10,826.69. On maturity, I sent a request to the same branch to effect the change of address and to renew the fixed deposit for a further period of one year with the clarification that the principal amount of Rs 10,000 should be renewed as fixed deposit and the interest amount of Rs 826.69 should be deposited to a savings bank account in United Bank of India.

The HDFC has effected the said request but unfortunately they have not yet paid the interest amount of Rs 826.69 nor did they include the amount in the renewed fixed deposit account. Repeated requests to pay me the interest amount was not paid proper attention. What is my remedy?

Ayan Dutta
A.B. Sarkar Road, Naihati

No response from the bank.

It is unfortunate that inspite of specific instructions from the consumer, a bank like HDFC has failed and neglected to act in accordance with the directive of the consumer. Since the complainant is a consumer of the bank we can file a complaint before the district consumer fora under whose jurisdiction the bank has its office. And in that case the complainant can claim compensation for the ‘harassment’ by the bank official.