West Bengal

Paschim Midnapore

CC/170/2015

Sk. Amjad Ali - Complainant(s)

Versus

A.E. & Station Manager, W.B.S.E.D.C.L. Anandapur CCC - Opp.Party(s)

Uttam Kumar Magi

05 May 2016

ORDER

 

 

 

 

                                                      DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and

 Kapot Chattopadhyay, Member.

   

Complaint Case No.170/2015

                                                       

    Sk. Amjad Ali…………..….……Complainant.

Versus

A.E & Station Manager, WBSEDCL,

Anandapur CCC…...........…..Opp. Party.

 

              For the Complainant: Mr.  Uttam Kumar Magi, Advocate.

              For the O.P.               : Mr. Swapan Kumar Bhattacherjee, Advocate.

              

Decided on: -05/05/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is a consumer of electric service connection under the opposite party and he took such electric connection from the opposite party on 11.01.2010 vide service connection no.K/AGG/15334 and meter no LX603188 for running his shallow machine for cultivation.  After taking said electric connection, the complainant paid electric bill regularly as per bills but thereafter the opposite party without taking any reading of the meter started sending fabricated bills to the complainant.  The complainant  therefore requested the opposite party on 5.11.2014, 8.12.2014, 13.03.2015, 11.05.2015 and 17.06.2015  to take meter reading but the opposite party did not turn up and with a view to harass the complainant, opposite party sent a notice on 19.05.2015 to the complainant by alleging a false and fabricated story and they also sent a xerox copy of a bill dated 11.02.2015 without taking reading of the meter claiming an excessive amount.  After receiving the said bill as well as the notice, the complainant requested the opposite party on 17.06.2015 and 11.05.2015 to send actual bill after taking reading of the meter but the

                                                                                                Contd…………………..P/2

 

 

 

( 2 )

opposite party did not pay any heed.  Finding no other alternative, the complainant lodged a complaint before the Assistant Director, Consumer Affairs and Fair Business Practices, Paschim Medinipur on 10.08.2015, but the opposite party did not turn up at the time of hearing.  Complainant thereafter went to the office of the opposite party and requested to take meter reading but the opposite party threatened to disconnect the electric connection of the complainant.  Hence the complaint,  praying for directing the opposite party to take reading of the meter in question and to send bill accordingly and for directing the opposite party not to disconnect the electric connection of the complainant and to pay Rs.20,000/- as harassment and litigation cost.  

                  The opposite party has contested this case by filling a written objection. Denying and disputing the case of the complainant, it is the specific case of the opposite party that the complainant is a defaulter in payment of electricity bill and he has been harassing the opposite party in taking reading of the meter by keeping his meter room under lock and key and the family members of the complainant also did not cooperate with the opposite party in taking reading of the meter. Vide their letter dated 13/04/2015, opposite party requested the complainant to solve the dispute by permitting them to take reading of the meter but instead of doing so, he has filed this case with false allegation and by suppressing all other relevant facts.  It is stated that the complainant is enjoying the electricity without paying electric bill of Rs.3,14,817/- as per reading given by him. Opposite party therefore claims dismissal of the case.

Point for decision

                      Is the complainant entitled to get the reliefs, as sought for ? 

Decision with reasons

                            At the very outset, it is to be stated that in this case, neither the complainant nor the opposite party has adduced any sort of evidence, either oral or documentary but they have relied upon some documents, so filed by them.

              From the respective pleadings of the parties, it appears that admittedly the complaint is a consumer of electricity under the opposite party in respect of his shallow machine for cultivation vide Consumer Category–STW, Service Connection no.K/Agg/15334 and meter no.LX603188.  According to the complainant, he paid electric bill regularly but thereafter the opposite party without taking meter reading has been sending fabricated and excessive bills and  in spite of several requests vide letters dated 05/11/2014, 8/12/2014, 13/03/2015, 11/05/2015 and 17/06/2015  the opposite party did not turn up to take meter reading and thereafter the opposite party threatened the complainant to disconnect the electric connection in question. As against this, it is the case of the opposite party that for taking reading of the meter, the opposite party went to the house of the

                                                                                                   Contd…………………..P/3

 

 

 

( 3 )

complainant on several times but the premises of the complainant was found under lock and key and being requested, the family members failed to co-operate with the opposite party to solve the dispute.  The said allegation of both parties are oath versus oath and there is no cogent  evidence to show that the opposite patty went to the house of the complainant on several times for taking reading of the meter and on every occasion the premises of the complainant was found under lock and key.  From the series of letters, so filed by the complainant, we find that by sending those letters the complainant requested the opposite party to take reading of his meter.  However, the fact remains undisputed that without taking reading of the meter in question, the opposite party is sending electric bills to the complainant.  According to the complainant, such bills are excessive and fabricated.  Admittedly the complainant did not pay any bill amount even with protest.  Said act of the complainant is also not fair.  Under such circumstances, we think it proper to direct the opposite party to take reading of the meter immediately and to send electric bills accordingly as per actual consumption of electricity by the complainant and order is to be passed accordingly.  Since the complainant has not come with clean hands by paying regular electric bills under protest for years together, so we refrain ourselves from  passing  any order of compensation, as prayed for by the complainant.                          

                                                                                             

                                                        Hence, it is,

Ordered,

                           that the complaint case no.170/2015 is allowed in part on contest but in the circumstances without cost.  Opposite party is directed to take meter reading of the electric service connection in question within a month from this date of order and to send rectified electric bill as per actual consumption to the complainant.

                                    Let plain copy of this order be given to the parties free of cost.

               Dictated & corrected by me

                                 Sd/-                                           Sd/-                                                Sd/-

                            President                                    Member                                         President

                                                                                                                                  District Forum

                                                                                                                              Paschim Medinipur