West Bengal

Paschim Midnapore

CC/155/2015

Sk. Saiful Ali - Complainant(s)

Versus

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

Mr. Uttam Kumar Majhi.

03 May 2016

ORDER

                                                           DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

Mrs. Debi Sengupta, Member

and

 Kapot Chattopadhyay, Member.

   

Complaint Case No.155/2015

                                                        

   Sk. Saiful Ali…………..….……Complainant.

Versu

A.E. & Station Manager…...........…..Opp. Party.

 

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

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

 

Decided on: - 03/05/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is a consumer under the opposite party and he took electric connection on 12/03/2006 for running his Shallow machine for cultivation from the opposite party vide consumer ID no.212203313 and meter no.SF-507621.  After taking such electric connection, the complainant paid electric bill regularly up to 15/03/2013. Thereafter the opposite party without taking reading of electric meter started sending  fabricated bills to him.  The complainant requested the opposite party to take meter-reading on several times but the opposite party did not turn up and with a view to harass the complainant, opposite party sent a notice on 13/04/2015 to the complainant with a false and fabricated story. Along with that notice the opposite party also sent xerox copies of two bills without taking any reading of the meter of the complainant. After receipt of that notice and the said bills, the complainant requested the opposite party on 13/05/2015 and 13/06/2015 to send him actual bill after taking meter reading but the opposite party did not pay any heed.  Finding

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

 

 

 

 

( 2 )

no other alternative, the complainant lodged a complaint before the Assistant Director of Consumer Affairs and Fair Business Practices, Paschim Medinipur on 20/08/2015 and thereafter the Assistant Director called  the opposite party but on the date of hearing  the opposite party did not turn up. On 18/11/2015 and 27/11/2015  the complainant went to the opposite party and requested them to take meter-reading and to sent actual bill but the opposite party threatened him that they would disconnect the electric service connection of the complainant.  Hence the complaint, praying for an order directing the opposite party to take proper reading of the meter and to sent bill accordingly  with a further direction to pay Rs.30,000 towards harassment and litigation cost and for directing the O.P. not to disconnect electric service connection of the complainant. 

                  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 according to reading up to February, 2014, a sum of Rs.28,624/- was due towards electric bill of the complainant but the complainant made last payment on 15/03/2013 and thereafter he stopped paying electric bills.  Subsequently, the complainant applied for installment and accordingly the opposite party made three equal installments of Rs.11,040/-, Rs.11,040/- and Rs.11,989/- respectively and the due date of such payment were on 27/03/2014, 28/04/2014 and 27/05/2014 respectively.  Even after that, the complainant did not pay any installment and he is a defaulter in paying electric bill.  The opposite party has further stated that the story of not taking proper meter reading is nothing  but a cock and bull story because as per information opposite party took necessary steps for taking meter-reading and went to the house of the complainant on several times but the premises of the complainant was found under lock and key.  Opposite party therefore talked with the complainant for co-operation over phone in the month of March, 2015 but the complainant intentionally did not keep his word and finding no other alternative this opposite party sent a letter vide memo no.ACC/041 dated 13/04/2015 requesting him to co-operate with them for solving the dispute.  It is also stated that with a view to avoid his own latches and negligence and for mala fide intention, the complainant send a letter dated 19/05/2015 for inspection of his meter but he has a tendency to remain absent on that day and he also did not pay the bills of electricity for which he is not entitled to get the reliefs, as prayed for.  O.P. therefore claims dismissal of the case.

Point for decision

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

                   

Contd………………….P/3

 

 

 

 

                                                          

                                                           ( 3 )

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 I.D. no.212203313.  Admittedly the complainant paid electric bill up to 15.03.2013.  According to the complainant, the opposite party thereafter without taking meter reading has been sending fabricated and excessive bills and  in spite of several requests vide letters dated 20/09/2014, 09/03/2015, 13/05/2015 and 13/06/2015  the opposite party did not turn up to take meter reading and finally they send a notice on 13/04/2015 with a false and fabricated story and there after 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 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 facts remain 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 paid electric bill lastly on 15/03/2013 and thereafter he 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 to pass any order of compensation, as prayed for by the complainant.                             

                                                                                                  Contd………………….P/4

 

 

 

 

 

( 4 )

                                                        Hence, it is,

                                                                                  Ordered,

                                               that the complaint case no.155/2015 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/-                              Sd/-

                            President                         Member                  Member                       President

                                                                                                                                   District Forum

                                                                                                                               Paschim Medinipur