West Bengal

Paschim Midnapore

CC/8/2016

Nitai Dey Sarkar - Complainant(s)

Versus

Assistant Engineer, W.B.S.E.D.C.L. - Opp.Party(s)

23 Jun 2016

ORDER

 

 

 

 

 

                                                            DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,  

Mrs. Debi Sengupta, Member

&

Kapot Kumar Chattopadhyay

   

Complaint Case No. 08/2016

                                                                       Nitai Dey Sarkar……………...….……Complainant.

Versus

 

                                  1] Assistant Engineer, W.B.S.E.D.C.L., Sabong Group Electric Supply, Sabong;

                      2] The Station Superintendent of   W.B.S.E.D.C.L., Sabong Electric Supply

                          Office, Sabong..…………….Opp.Parties.

 

              For the Complainant: Mr.  Subrata Das, Advocate.

             For the O.P.               : Mr. Debi Prasad Das Mahapatra, Advocate.

 

Decided on: - 23/06/2016

                               

ORDER

                                                  Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is a permanent resident within the jurisdiction of this Forum.  For the purpose of cultivation of his landed properties and for irrigation, he took permission from the concerned authority and installed a deep tube well on his own land.  Thereafter for the purpose of uplifting water from the underground through mini pump, the complainant took 3-phase electric supply connection from the opposite parties in the year 1986 and he used to pay electric charges regularly according to the electric bills, so send by the opposite parties.  It is stated that the opposite parties did not take meter reading since 6/12/2011 to

                                                                                                                                                     Contd………………P/2

 

 

 

 

 

( 2 )

               19/02/2014 and thereafter they sent a bill dated 04/03/2014 for an amount of  Rs.1,02,545/-. The complainant therefore filed a complaint case no.44/2014 before this Forum and after a contested hearing, the said case was allowed vide order dated 09/10/2014 directing the opposite parties to correct the bill according to monthly consumption and to collect the bill amount in 24 installments and also directed the opposite parties not to disconnect the service connection of the complainant.  Thereafter the opposite parties sent a bill dated 07/01/2015 as per order dated 09/10/2014 passed in that complaint case being no.44/2014 and accordingly the complainant has been paying the installment amount regularly.  The opposite parties started to send bill for current consumption of electricity on 30/03/2015, 08/06/2015, 09/07/2015, 30/11/2015 and after going through the same, the complainant came to know that the opposite parties most illegally claimed Rs.1,662.82/-, Rs.1,150.37/-, Rs7,254.22/- as LPSC charge i.e. late payment surcharge.  Without going through those amount, the complainant paid Rs.1,662.82/- and Rs.1,150.37/- to the opposite parties and after realizing the same, the complainant went to the office of the opposite parties on 15/12/2015 and asked them as to why they claimed LPSC charge against the order of Ld. Forum and then they disclosed that the complainant will have to pay the said amount otherwise they will disconnect the service connection.  It is stated that the opposite parties have no right to claim LPSC charge as there was no latches on the part of the complainant to pay the bill.  Opposite parties did not take meter reading for a long time and for that reason,  after considering the case, this Forum was pleased to pass such order in that previous complaint case.  It is stated that there is deficiency in service on the part of the opposite parties and hence this complaint praying for directing the opposite parties not to claim LPSC charge from the complainant for the installment amount and also to direct the opposite parties not to claim LPSC charge in respect of bills dated 30/03/2015, 08/06/2015, 30/11/2015 and to adjust Rs.2,813/- which has already been paid by the complainant as LPSC charge and for an award of compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.

                  Both the opposite parties have contested this case by filling a joint written statement.

                  Denying and disputing the case of the complainant, it is the specific case of the opposite parties that the instant proceeding has been preferred for no reason particularly when this Forum did not exempt the complainant from paying LPSC charge and did not direct the opposite parties not to claim the same in the said order.  So in view of the rules of electricity, LPSC charge has been duly charged in the installment bills which were sent to the complainant.  It is further stated that the present case is hopelessly

                                                                                                                                                          Contd………………P/3

 

 

 

( 3 )

barred by limitation and there is no question of exemption of payment of LPSC charge and any adjustment, as prayed for.  Opposite parties therefore claim dismissal of the complaint with cost.

Point for decision

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

                   

Decision with reasons

                In this case, neither the complainant nor the opposite parties have adduced any sort of evidence either oral or documentary but they have relied upon some documents, so filed by them. 

                Admittedly, the complainant is a consumer of electricity under the opposite parties.  It is not disputed to that since the opposite parties claimed Rs.1,02,545/- vide  bill dated 04/03/2014, so the complainant filed a complaint case no.44/2014 before this Forum against the opposite parties and after a contested hearing  the said case was disposed of on 09/10/2014 and the opposite parties were directed to collect the said bill amount in 24 installments.  Fact also remains undisputed that after the said order, the opposite parties are sending electric bills and the complainant is paying the installment amount regularly.  Grievance of the complainant in this case is that after going through installment bills dated 30/03/2015, 8/06/2015, 9/07/2015 and 31/11/2015, it is found that the opposite parties have been illegally claimed LPSC charges in the installment bills and overlooking  the said fact, the complainant has already paid Rs.1,662.82/- and Rs.1,150.37/- towards LPSC charges.  It is stated by the complainant that by violating the said order dated 9/10/2014 passed in complaint case no.44/2014, the opposite parties are claiming LPSC charges.  Accordingly the complainant has prayed in this case for a direction upon the opposite parties not to claim LPSC charges from the complainant for the installment amount and also to direct the opposite parties to adjust Rs.2,813/- which has already been paid by the complainant towards LPSC charges.  As against this, it is the case of the opposite parties, as made out in their written objection, that by the said order dated 0/10/2014, the opposite parties were directed to collect the bill amount by 24 installments and this Forum neither exempted the complainant from paying LPSC charge nor directed the opposite parties not to claim LPSC charge.  Further according to the opposite parties that LPSC is being charged for the installment bills according to the rules of electricity.  We find from the said order dated  09/10/2014, that this Forum did not exempt the complainant from paying LPSC and the opposite parties were not restrained  from claiming LPSC charge.  From the disputed bills we find that LPSC charge is being claimed as per order of W.B.C.R.C. dated

               Contd………………P/4

 

 

 

( 4 )

30/04/2014, 20/02/2014 and 1/04/2015.  In that view of the matter, it cannot be held that such claim of LPSC charge is illegal and without basis.  Therefore we find neither any deficiency in service nor any illegality in claiming such LPSC charge on the part of the opposite parties.  We are therefore of the view that there is no merit in the present case and the petition of complaint is therefore liable to be dismissed.

 

                                                  Hence, it is,

                                                       Ordered,

                            that the complaint case no.08/2016  is hereby dismissed on contest but in the circumstances without cost.

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

              

Dictated and Corrected by me

      Sd/-B. Pramanik.              Sd/- D. Sengupta.       Sd/- K.K.Chattopadhyay.   Sd/-B. Pramanik. 

               President                          Member                            Member                  President

                                                                                                                           District Forum

                                                                                                                         Paschim Medinipur