IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/191/2018.
Date of Filing: Date of Admission: Date of Disposal:
21.12.18 02.01.19 28.01.2020
Complainant: Galnahar Bibi
W/o Kadir
Vill-Jugore, Harhari
PO-Horohondi
PS-Sagardighi
Dist-Murshidabad, Pin-742226
-Vs-
Opposite Party: A.E and S.M
Sagardighi CCC
WBSEDCL, PO&PS-Sagardighi
Dist-Murshidabad, Pin-742226
Agent/Advocate for the Complainant : Sri. Prabir Kr. Banerjee.
Agent/Advocate for the Opposite Party : Sri. Siddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati………………….......President.
Sri Subir Sinha Ray ………………. Member
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
One Galnahar Bibi (here in after referred to as the Complainant) filed the case against AE & SM, WBSEDCL, Sagardighi CCC (here in after referred to as the OP) praying for rectification of bill alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant is a consumer of SMP Mini Deep under the OP vide meter No. GK045924 and she had been consuming the electricity for paddy cultivation season only but the meter was defective for which the consumption was not shown properly. The Complainant prayed for replacement of meter but the OP wrongly sent the bill showing consumption of 7537 units for the period from 12.05.18 to 18.06.18. The Complainant filed an application dated 17.07.18 for rectification of the was but the OP did not pay any heed to it. Hence, the Complainant has prayed for 20 installments for payment of actual bill.
The OP contested the case by filing written version on 06.03.19 contending that the case is not maintainable and the case is barred by law of limitation. It is the specific case of the OP that the Complainant is an STW consumer having consumer ID No. 301754106 since 05.03.16 and the OP sent bill with meter reading 18658 units on 29.05.18, As the meter was found defective estimated consumption of 7537 units had been taken in system and this estimation was at par with the bill same to the period of 2017. And the bill was prepared according to WBERC regulations.
The OP has no deficiency in service. Hence, the OP prayed for dismissal of the complaint.
On the basis of the above version the following points are framed for proper adjudication of the case :
Points for consideration
1. Is the Complainant a consumer under the provision of the CP Act, 1986?
2. Has this Forum jurisdiction to entertain the complaint?
3. Has the OP any deficiency in service, as alleged?
4. Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Ld. Advocate for the Complainant submits that the Complainant is a consumer as she hired services of the OP for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Point No.2
The Ld. Advocate for the Complainant submits that the cause of action of this case arose within the territorial jurisdiction of this Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint.
Point Nos.3&4
The Ld. Advocate for the Complainant submits that the OP has deficiency in service and the Complainant is entitled to get relief. He submits that the Complainant is ready and willing to pay the actual bill through installments. He prays for allowing the Complainant to pay the bill through 20 monthly installments.
In reply, the Ld. Advocate for the OP submits that the OP has filed a bill dt. 31.12.19 showing the total due amount as per meter reading dated 23.12.19. He submits that the due amount is Rs.74,004/- and the OP will restore the service connection of the Complainant on receipt of payment.
We have considered the materials on record.
Admittedly, the Complainant is a consumer of electricity and the meter was defective for a considerable period and the OP has claimed Rs.74,004/- as per present meter reading dated 23.12.19. Therefore, the Complainant is liable to pay the due amount of Rs.74,004/-.
On a careful consideration over the submission of both sides and on perusal of the materials on record, we think that the Complainant may be directed to pay the entire amount of Rs.74,004/- by 15 monthly instalments. The first of such installments shall fall due on 10th of February, 2020 and the rest instalments shall fall due by 10th on each succeeding month. The amount of first installment is Rs.4,942/- and the rest installments shall be @ Rs.4,933/-.
The OP may be directed to restore electricity connection of the Complainant on receipt of first instalments and the complainant is also liable to pay the bills as per current meter reading.
Reasons for delay
The Case was filed on 21.12.18 and admitted on 02.01.19 . This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
Fees paid are correct.
In the result, the Complaint Case succeeds.
Hence, it is
ORDERED
that the Consumer Complaint Case No. CC/191/2018 be and the same is hereby allowed on contest against the OP without cost.
The Complainant is directed to pay the entire amount of Rs.74,004/- by 15 monthly installments. The first of such installments shall fall due on 10th of February, 2020 and the rest installments shall fall due by 10th on each succeeding month. The amount of first installment is Rs.4,942/- and the rest installment shall be @ Rs.4,933/-.
The OP is directed to restore electricity connection of the Complainant on receipt of first installments and the bills as per current meter reading, in default of payment of any instalment, the OP shall have liberty to disconnect the service connection after observing necessary formalities.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member Member President.
