West Bengal

South 24 Parganas

CC/465/2014

Mithu Mondal,Wife of Subrata Mondal. - Complainant(s)

Versus

1. West Bengal State Electricity Distribution Company Ltd. - Opp.Party(s)

20 Aug 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

         C.C. CASE NO. _465_ OF ___2014_

 

DATE OF FILING : 17.9.2014     DATE OF PASSING JUDGEMENT: __20.8.2015_

 

Present                                      President       :   Udayan Mukhopadhyay

                                                  Member(s)    :    Mrs. Sharmi Basu & Jinjir Bhattacharya

                                                                             

COMPLAINANT                 : Mithu Mondal,w/o Subrata Mondal of Village & P.O Sarisha,

                                                 P.S Diamond Harbour, Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                            : 1. West Bengal State Electricity Distribution Company Ltd. Bidyut Bhavan, Salt Lake City, Kolkata

                                           2.     Assistant Engineer, Sarish Group Electric Supply , Sarisha, Dist. South 24-Parganas.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

Sri Jinjir Bhattacharya, Member

 

             The complainant is a consumer of the O.Ps having received a domestic electricity connection from them through meter no.G1572789 with Consumer no.5151888 and Consumer ID 112211380. She has been consuming electricity through this service connection since long. Sometimes, in June, 2014 , men of the O.Ps visited complainant’s residence for an inspection. Again on 24.7.2014 men of the O.Ps visited the residence of the complainant and replaced the existing meter no.750396531 by a new meter bearing no.G1572789 ,when the old meter no.750396531 recorded reading 07040. On 14.8.2014 the O.Ps sent a bill for the period August, 2014 to October, 2014 demanding Rs.14,332/-. In this bill adjustment of 1482 units was made. The complainant visited office of the O.Ps to get a clarification in the matter of adjusted units in the bill but she did no get it . She was continuously insisted and pressurized by the men of the O.Ps to see the Grievance Redressal Officer of the O.Ps for settling her problems. The complainant did not choose to go before the G.R.O as it was not mandatory but optional. Thus , this complaint with prayers for such relief/reliefs as contained in the petition of complaint.

            The O.Ps contested the case by filing a composite written version which is kept with the record. In the written version, the O.Ps denied all material allegations against them. The O.Ps have further stated that Consumer Forum has no jurisdiction to adjudicate the disputes involved in the present case. In the written version , the O.Ps have contended that the old meter was replaced by the new one on 24.7.2014 after proper tests. The meter no.750396531  installed in the complainant’s house became defective and it showed reading 7040 constantly on 11.8.2013, 15.11.2013 , 8.2.2014 & 8.5.2014   though there was consumption of electricity in the premises of the complainant . The new meter no.G1572789 installed on 24.7.2014 showed initial reading as “O” and reading on 9.8.2014 was 308. Consumption of 308 units in 16 days from 24.7.2014 to 9.8.2014 shows average consumption of 19.25 units per day. On the basis of this average consumption, the O.Ps worked out consumption of 1482 units for 77 days for the period from 8.5.2014 to 24.7.2014 i.e. from the date on which defect in the old meter was finally noticed by the O.Ps to the date on which the defective meter was replaced by the new one. Thus the bill dated 14.8.2014 for the consumption period May 2014 to July 2014 was prepared by  adding ‘adjusted units’ of 1482 for the period from 8.5.2014 to 24.07.2014 to the consumed units of 308 for the period from 24.7.2014 to 9.8.2014 as per new meter. It has further been mentioned in the written version that no bill was raised in respect of the period from August 2013 to 7.5.2014 during which the meter ceased to work. Denying the alleged deficiency on their part, the O.Ps prayed for dismissal of the complaint petition.

            Ld. Counsel for the complainant submits that the complainant was not provided with any clarification in the matter of addition of adjusted unit of 1482 units in the bill dated 14.8.2014 through which a demand of Rs.14,332/- was raised. It is further submitted that there is no whisper of any unrecovered amount in the bills for preceding three consecutive months ,although it is mandatory under the Electricity Act , 2003 to show due amount continuously as recoverable as arrears of charges for electricity supplied. It is submitted that the bill dated 14.8.2014 is improper and incorrect and, therefore, the O.Ps are not entitled to recover the amount  of the said bill from the complainant in as much as the bill was raised not in accordance with the Law.

            Ld. Counsel for the O.Ps contended that defect in the old meter was first detected on 8.5.2014 by the men of the O.Ps but the old meter no.750396531 showed the reading ‘07040’ on 11.8.2013, 15.11.2013, 8.2.2014 & 8.5.2014 ,although there was consumption of electricity through the service connection provided to the complainant by the O.Ps. The defective meter was replaced by a new meter on 24.7.2014 being meter no.G157789 which showed initial reading as ‘O”. It is further contended that no bill  was raised during the period when the meter remained defective. On 9.8.2014 the reading in the new meter was 308 and consumption during the period from 24.7.2014 to 9.8.2014 stood at 308 units & average consumption during this period is 19.25 units per day. Ld. Counsel contends that the O.Ps have realized the charges for consumption of electricity from 8.5.2014 when it came to the notice of the O.Ps for the first time that the meter stopped recording of consumption till 24.7.2014 when the defective meter was replaced. Adjustment of 1482 units was made for consumption of energy for 77 days from 8.5.2014 to 24.7.2014 at the rate of 19.25 units per day in view of consumption of electricity during that period despite meter remaining stopped. Ld. Counsel submits that there was no deficiency on the part of the O.Ps as the impugned bill was raised on proper basis.

 

 

                                                            Finding with reasons

            The O.Ps have challenged jurisdiction of Consumer Forum in deciding the present complaint case. We may refer to section 3 of Consumer Protection Act, 1986 which states that “The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force”. Hence, contentions of the O.Ps in this regard fails.

            Dispute in the present case centers around the bill dated 14.8.2014 raising demand of Rs.14,332/- for consumption of 1790 units of electrical energy for the bill period from 24.7.2014 to 9.8.2014.

            It is an admitted position that the consumer was provided with service connection long ago under consumer no.S151888 and consumer I.D 112211380 under Meter no.750396531 . it is further an admitted position that this meter stopped working and a new meter was installed on  24.7.2014 having no.G1572789 in replacement of the old meter. It is also not disputed that the meter reading of the new meter as on 9.8.2014 stood at 308 with initial reading of “O” on the date of installment. It is not disputed that there was consumption of electricity during the period from 8.5.2014 to 24.7.2014  during which  meter stopped working . Dispute is only over addition of 1482 units as adjusted units to 308 units recorded in the new meter as per meter reading on 9.8.2014 in the impugned electricity bill issued by the O.Ps.

            The O.Ps of their own determined   consumption for the period from 8.5.2014 to 24.7.2014 on average consumption per day according to recorded consumption in the new meter installed. But the O.Ps have not followed the billing procedure in case of defective or defunct meter as specified in regulation 3.6.2 of the West Bengal Electricity Regulatory Commission  (Electricity Supply Code) Regulations, 2013 (Hereinafter referred to as the said Regulations).

            In the case of Y.N. Gupta V. Delhi Electricity Supply Undertaking reported in  I(1993)CPJ 25(NC) Hon’ble National Commission held that “It is deficiency in service” to have raised bills without actual meter reading and to raise the arrear bill without details of the period to which the arrear pertained”. In the present case in hand, the bill in question was not issued on the basis of actual meter reading and the bill  included adjusted units but there is no mention in bill of reasons for making such adjustment of units. Thus, we hold that there is deficiency in rendering services to the complainant in this case.

            The O.Ps have not followed the said Regulations in assessing maximum demand in case of defective meter. Under the said Regulations assessment of maximum demand during the period in question is required to be made by computation on the basis of–

1. The average of the recorded demand during the preceding and/or succeeding three months.
2. During the previous and/or subsequent period that may be reasonably comparable.

In this case,  consumption of previous three months as per bill is “O” and that for the subsequent three months is 1100 units vide bill for the period 10.8.2014 to 11.11.2014. Thus according to the first method adjustment of 1100 units is admissible for the period when the meter was not functioning. If we go to the second method we get the same result. We find that  assessment of consumption for the period in question at 1482 was not done in accordance with the Regulations. We hold that addition of 1100 units for the period 8.5.2014 to 24.7.2014 when the meter stopped working would be justified.

The complainant deserves compensation for mental pain and agony suffered by her due to the deficiency in service on the part of the O.Ps and also litigation cost associated with the present complaint case.

            In view of the findings as above, we hold that the petition of complaint should be allowed.

Hence,

                                                            ORDERED

THAT  the petition of complaint is allowed on contest against the O.Ps.

The O.Ps are directed to raise bill afresh for the period 24.7.2014 to 9.8.2014 for 1408 units (308 units as per the new meter and 1100 units as adjustment units) with tariffs as applicable under the rules within 30 days from the date of this order, after adjustment of any amount paid by the complainant in respect of the impugned bill.

The O.ps are further directed jointly and/or severally to pay compensation of Rs.3000/- and litigation cost of Rs.2000/- to the complainant by separate account payee cheques in favour of the complainant within 30 days from the date of this order.

Let a copy of this order be served upon the parties free of cost.

 

 

Member                                                           Member                                                                       President                    

Dictated and corrected by me

 

                        Member

 

                

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

ORDERED

THAT  the petition of complaint is allowed on contest against the O.Ps.

The O.Ps are directed to raise bill afresh for the period 24.7.2014 to 9.8.2014 for 1408 units (308 units as per the new meter and 1100 units as adjustment units) with tariffs as applicable under the rules within 30 days from the date of this order, after adjustment of any amount paid by the complainant in respect of the impugned bill.

The O.ps are further directed jointly and/or severally to pay compensation of Rs.3000/- and litigation cost of Rs.2000/- to the complainant by separate account payee cheques in favour of the complainant within 30 days from the date of this order.

Let a copy of this order be served upon the parties free of cost.

 

 

 

Member                                                           Member                                                                       President