District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

 (Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Shri Siddhartha Ganguli                      - Member

Consumer Complaint No. 8/2016

Sri Nikhil Chandra Das

S/o Late Nilkamal Das

Vill.: Old College Hostel Para (Chakbhabani)

PO & PS: Balurghat,

Dist. Dakshin Dinajpur                                                            ………………Complainant(s)

V-E-R-S-U-S

1.   The A.E. & Station Manager,

      Balurghat Customer Care Centre,  

      West Bengal State Electricity Distribution Co. Ltd.

      P.O : Beltala Park, P.S: Balurghat, Dist.: Dakshin Dinajpur.

2.   The Assistant Manager (P & A)

      Dakshin Dinajpur (D) Division,

      West Bengal State Electricity Distribution Co. Ltd.

      P.O & P.S: Balurghat, Dist.: Dakshin Dinajpur.

3.   The Divisional Engineer & Division  Manager,

      Dakshin Dinajpur (D) Division,

      West Bengal State Electricity Distribution Co. Ltd.

      PO & P.S.: Balurghat.

      Dist.: Dakshin Dinajpur.               …………………Opposite Parties

Ld. Advocate(s):

For complainant                      …………… - Shri Bidyut Kr. Roy &

                                                                   - Shri Anish Das

For OP Nos. 1, 2 & 3              …………… - Shri Sudip Chatterjee

Date of Filing                                       : 04.05.2016

Date of Disposal                                 : 28.06.2016

                                                                                                Contd…P/2

Judgment & Order  dt. 28.06.2016

            Fact of the case is that the complainant is a bona fide consumer of electricity and he paid electric bills regularly. Though, the complainant used to pay but the meter reading showed extraordinary consumed units for its mechanical disorder during the billing period from February, 2012 to November, 2013. The complainant lodged a complaint and subsequently a new meter was installed. After installation of the new meter the complainant received the bills by showing the extra consumption consumed by the complainant.

            The complainant on 11.6.2014 made a representation for correction of the said bill but no action was taken and subsequently the electric connection was disconnected. After the disconnection a Lawyer’s notice was sent to the OPs and ultimately the electric connection was resorted.

            It is the further contention of the complainant that the OPs illegally made a fictitious bill on the basis of the consumed unit after newly installed meter mentioning the outstanding bill amount with a malafied intention without rectifying the defect and wrong bills were sent. On 17.3.2016 the OPs without serving any notice disconnected the electric connection for which the complainant had to file this complaint praying for compensation of Rs.50,000/- as well as for other reliefs.

            The OPs contested the case by filing a written version whereby the OPs denied all the material allegations of the complaint. It was stated that the complainant is a consumer since the year 1999 and the from the date of connection the consumer had been paying the bills amount regularly and there is no outstanding due before September, 2013. Since, with the installation of new meter on 11.3.2014 as per the norms of policy of the W.B.S.E.D.C.L. and at the time of replacement

                                                                                                Contd…P/3

the final reading was found 3706 units in respect of old meter No. HH530608 and meter was in good condition and with the new static meter the initial reading was mentioned ‘0’ on 11.3.2014, thereafter all the energy bills from the date of connection till the replacement of the meter as per meter reading consumption taken periodically. In order to clarify the said fact that in Para- 10 of the written version the OPs mentioned the consumption made by the complainant since the year 2008 to 2014 viz. yearly consumption the complainant was 2083, 1673, 1757, 1830, 2345, 3666 and 421. From the said chart it can be found that the consumption made by the complainant during the said period was properly reflected in the meter and there was no defect in the meter, therefore, the claim as made by the complainant is vexatious on the basis of fictitious claim made by the complainant the complaint itself is to be dismissed.

            On the basis of the pleadings of the respective parties following points are to be determined:-

1. Was the meter installed in the house of the complainant was defective?
2. Was as the OPs claimed the amount in respect to the consumption of electricity false?
3. Is the complainant entitled to get relief as prayed for ?
4. Was there any deficiency in rendering service on the part of OPs?

DECISION  WITH  REASONS

            All the points are taken together for the sake of brevity and avoidance of repetition of the said fact.

            Ld. Lawyer for the complainant emphasized that the complainant has paid electric bill regularly. Since in the year 2013 after installation of the new electric meter and with the sending the bills to the complainant it was found that the outstanding amount claimed by the OPs with the tune of Rs.25,929/- which had no basis at all and

                                                                                                Contd…P/4

accordingly it was claimed by the complainant that the said bill amount cannot be realized by the OPs.

            Ld. Lawyer brought to the notice during the argument by production of bills paid by the complainant during the previous years, wherefrom it can be evident that the complainant paid bills regularly and even he paid excess amount to the tune of Rs.5,266/- and the entries in the yellow card was not properly recorded, subsequently with the disconnection of the electricity of the complainant a notice was sent to the OPs through his Lawyer and connection was restored. Since again the electric connection was disconnected on 17.3.2016 the complainant had to file this case and on the basis of the order passed by this Forum Rs.20,000/- deposited and the electricity connection was asked to be restored by the OPs and accordingly the electric connection was restored.

            Since, reading of the meter was not made in accordance with consumption made by the complainant the Ld. Lawyer for the complainant emphasized that the claim by the OPs regarding the outstanding amount of Rs.25,945/- be declared that the claim made by the OPs was not justified and accordingly the Ld. Lawyer prayed for relief as mentioned in the complaint.

            Ld. Lawyer for the OPs emphasized the claim was made by the complainant does not speak that there was any defect in the meter. If that would have been the case he could have asked the OPs for installation of checking meter but no such step was taken by the complainant. Ld. Lawyer emphasized that the Consumer Forum cannot given any relief to the complainant in respect to the billing disputes and moreover the dispute as raised by the complainant is more than 2 years and the case is also not maintainable because cause of action arose before two years and as such this Consumer Forum has got no

                                                                                                Contd…P/5

jurisdiction to entertain the said complaint. Ld. Lawyer for the OPs argued that is it sufficient for consumer to claim defective meter without any justifiable cause of if such plea is entertained then all the consumers will raise such plea and avoid the payment of electricity charges.

In view of the said fact of the case the Ld. Lawyer for the OPs finally prayed for dismissal of the case.

            Considering the submission of the respective parties it is an admitted fact that the complainant is a bonafide consumer of electricity and he used to pay bill regularly but since he failed to pay electric charges for the stipulated period the said amount was claimed by the OPs. Apart from, the said fact that the meter which was replaced by the OPs not at the instance of the complainant but as per policy of the W.B.S.E.D.C.L. static energy meter was installed. It is also relevant to mention here that the chart given in the written version of yearly consumption of the complainant was more and less tallied with the consumption claimed by the complainant. Only during the period 2013 some consumption was found in excess that may occur due to some occasion, such type of consumption may increase that cannot be a ground for denial of the electricity charges for which the OPs in the respective electric bill showed the outstanding the amount of Rs.25,945/-.

            From the materials on record it is found as per the order of this Forum the complainant paid Rs.20,000/- and one receipt has been filed by the complainant wherefrom it is found that the excess amount was paid by the complainant to the tune of Rs.5,266/-. After considering the said amount vis-à-vis deposited amount of Rs.20,000/- as per the order of this Forum the OPs are directed to adjust the said amount with the outstanding bill amount and if any amount remains due the complainant is directed to pay the said amount within 2 (two) months from this day.

                                                                                                Contd…P/6

            Thus, all the points are disposed accordingly.

             Hence, it is

                                                O R D E R E D

            that the instant petition of complaint CC No.8 of 2016 is allowed in part on contest without any cost. The OP No. 1 is directed to issue a fresh bill after adjusting the amount of Rs.20,000/- and the excess amount paid by the complainant to the tune of Rs.5,266/- within 7 (seven) days from this day and if any amount remains due the same is to be paid within 2 (two) months from this day by the complainant.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

            Dictated & corrected

            …………………….…….                                                        

            (Sambhunath Chatterjee)                                                      

                      President                                                                      

            I concur,

            ………...……                                                 

 (S. Ganguli) 

               Member

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of dispatch                                ……………………
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