DATE OF FILING : 11-09-2012.
DATE OF S/R : 16-11-2012.
DATE OF FINAL ORDER : 07-01-2013.
Sk. Sadem Ali,
Son of Sk. Jamsed Ali,
Village – Metbesia, P.O. Dhulasimla,
P.S. Uluberia, District –Howrah.--------------------------------------------- COMPLAINANT.
Versus -
1. Assistant Engineer & Station Manager,
Customer Care Centre, Uluberia WBSEDCL,
Ulubereia Group Electric Supply,
Uluberia, Howrah.
2. Ajijul Khan ( Readingman ),
Assistant Engineer & Station Manager,
Customer Care Centre, Uluberia,
Village – Ramchandrapur, P.O. Alipur, P.S. Shyampur,
District – Howrah. -------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya,
M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case was filed by complainant U/S 12 of the C.P. Act, 1986,
as amended against the O.Ps. alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction upon the O.Ps., WBSEDCL Authority for adjustment the erratic energy bill sent to the complainant.
The brief facts of the complain is that the complainant is a bonafide
domestic consumer being consumer no. 180728 of total connected load 0.56 kw. is consuming energy for his domestic purpose and the same is recording through a meter being no. 366376 and got defective since 25-06-2010 as per record against reading registered 6076. Subsequently the complainant received a alleged erratic electric bill for the period from October, 2010 to Dec'10 showing therein the unit charged is 301 which as it thinks by the complainant registered a series of complaints on the dated 03-01-2011, 06-04-2011, 05-07-2011 for effective measures for set right the energy bill. But all attempts made by the complainant are in vain though a challenged meter being no. B 1037061 has been installed on the dated 19-12-2011 for arresting correct consumption of energy duly informed by the o.p. which in term received by the complainant on 03-01-2012.
The o.p. herein Station Manager, WBSEDCL admitted the facts in their written version regarding recording energy consumption through defective meter and thereby attempts have been made for arresting correct consumption by placing a challenged meter side by side of the installed meter. It is also stated by the o.p. that the rectified energy bill has been sent to the complainant showing therein the correct consumption and the complainant during his visit in the Aug'12 to the o.ps. office verbally assured to pay 50% of the outstanding dues after Id-Ul-Fitre but the complainant failed to act according to his promises and placed the matter before the Hon'ble Forum to relinquish the payment of outstanding bills.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. Admittedly the complainant raised / lodged complaint both verbally / written for excess raising of energy bills by the o.p. no. 1 against recording energy consumption though faulty / defective meter and thereby o.ps. / or his representative admitted the facts and installed a challenged meter in place of his existing meter for correct consumption on the dated 19-12-2011 in presence of the complainant as per record. The o.p. ( herein Station Manager, WBSEDCL ) did not taken proper care for set right the meter to arrest correct consumption in spite of repeated requests made by the complainant which caused mental pain and agony of the consumer resulted serious negligence on the part of the o.p. which caused deficiency in service U/S 2(1)(g) & 2(1)(o) of the C. P. Act, 1986.
6. It is better for the o.p. to raise all outstanding energy consumption recorded through a defective meter since date of declaration the meter as defective as per yellow card through computer regeneration system taking into consideration the correct consumption after installed the challenged meter on the dated 19-12-2011 to avoid ambiguity of energy consumption as per complain of the complainant against taking up the matter before the Forum under compelled circumstances in order to mitigate his grievances.
7. Considering the above we hold our considered opinion that the action of the o.p. is deficient in nature by not settled the claim of the complainant in time resulted the complainant suffered a lot, caused mental pain and agony including harassment unnecessarily from the o.p. who could done / act much earlier to avoid legal complicacy.
In the result, we are of the view that the complainant is entitled to be relieved to some extent for his mental pain and agony due to handing the matter by the o.p. in a negligent manner resulted the complainant harassed in a great extent.
The points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 109 of 2012 (HDF 109 of 2012) be allowed on contest to some extent with a litigation cost of Rs.2,000/.
The O.P.-1, WBSEDCL Authority, be directed to raise the revised energy bill through the computer regeneration system for the period from 25-06-2010 to 19-12-2011 within 30 days from the date of this order taking in to consideration the actual reading arrested by the challenged meter installed and adjust the bill in accordance to the present consumption.
The o.p. is hereby also directed to pay a compensation of Rs. 5,000/- to the complainant for his mental pain and agony within one month from the date of this order i.d. the entire amount of Rs.7,000/- shall carry an interest @ 9% per annum till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
