West Bengal

South 24 Parganas

CC/572/2014

Sri Niharendu Purkait, S/O Late Sudhir Purkait. - Complainant(s)

Versus

Asstt. Engineer, Magrahat C.C.C. W.B.S.E.D.C. Ltd. - Opp.Party(s)

06 May 2016

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. _572   OF ___2014____

 

DATE OF FILING : 27.11.2014     DATE OF PASSING JUDGEMENT: 06.05.2016

 

Present                        :    President      :  Udayan Mukhopadhyay   

 

                                        Member(s)    :  Smt.  Sharmi Basu & Subrata Sarker     

 

COMPLAINANT                  :   Sri Niharendu Purkait,s/o late Sudhir Purkait of Vill- Mamudpur, P.O + P.S Magrahat, Dist. South 24-Parganas

 

-VERSUS  -

 

O.P/O.Ps                                :    1. Asstt. Manager, Magrahat C.C.C , WBSEDC Ltd. Magrahat, South 24-Parganas.

                                                 2.   Station Manager, WBSEDC Ltd. Baruipur, Kolkata – 144

 

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Smt. Sharmi Basu, Member

             In a nutshell, the case of the complainant is that complainant is a consumer of the O.P bearing Consumer IDNo. 113195532 . Complainant regularly paid the electricity bill which is near about 1000/- per month. Complainant astonished receiving one computer generated notice for payment of outstanding bill amount of Rs.24,882/- for the period August, 2014 , Sept. 2014 and Rs.1076/- for the period October 2014 and payment date mentioned in that notice is within 27.11.2014,otherwise connection will be disconnected. Complainant met the Asstt. Engineer of the O.P who told to deposit the total amount of Rs.25,958/- within 27.11.2014 otherwise they will take legal action through police station. As per the complainant the bill amount of Rs.25,958/- has not been prepared as per actual meter reading. Hence, this case is filed by him ,praying for reducing the bill amount as per actual reading/unit consumed by the complainant and not to disconnect the electric line of the complainant etc.

The O.Ps contested the case by filing written version denying all the material allegations contending inter alia that in case of dissatisfaction an appeal can be moved before the Ld. Ombudsman but complainant avoiding that appeal has filed the complaint before this Forum. The case of the O.P is that a bill was raised against consumer ID No. 113195532 for the month of 02/2013 to 04/2014 amounting to Rs.24,772.00 and total amount was divided into 9 installments and first installment was also paid by the complainant.  Complainant has prayed for reducing the bill amount as per yellow card reading cord but the O.Ps generated the bill as per yellow card record and there is no irregularity in raising the bills. O.P rightly served notice upon the consumer for payment of outstanding bill amount of Rs.24,882/- and FORA is not competent to decide the billing dispute in view of the decision of the Hon’ble Supreme Court  and Hon’ble State Commission.  The O.P submitted that under the old Electricity Act all billing disputes were referred to Chief Electrical Inspector for adjudication as per decision of the Hon’ble Supreme Court and prays for dismissal of the case.

Points for Decision

1. Whether the Consumer Forum has jurisdiction to entertain the instant case or not.
2. Whether there is any deficiency in service on the part of the O.Ps or not.
3. Whether the complainant is eligible to get relief as prayed for partly or fully.

 

 

 

 

Decision with reasons

            All the points are taken together as they are interlinked.

            Regarding point no.1- whether Consumer Forum has jurisdiction to entertain the instant case or not following discussion is advanced.

            Firstly, as per section 3 of the C.P Act, 1986  is in addition to and not in derogation of rights under any other Law for the time being in force , and also considering the detailed discussion made by the Hon’ble Supreme Court in the case of U.P Power Corporation Ltd. & Ors. Vs. Anish Ahmed decided by Sudhanya Jyoti Mukhopadhyay. J. being Civil Appeal no. 5466 of 2012 arising out of SLP( C ) no.35906 of 2011 decided on 15^th July, 2013 it is safely concluded that in absence of any allegation by O.Ps under Sections 126,.127,135 and 145 of the Electricity Act 2003 as per the provision of the C.P Act, 1986, “Consumer Forum has power to adjudicate complaints against Electricity Board i.e. Licensee or supplier of electricity except there is any specific allegation of theft, tampering and/or any illegal or unauthorized use of electricity by the complainant /consumer and Section 2 (1) (g) of COPRA 1986  where deficiency in service is defined in the following manner; 2(1)(g ) – “deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”. Also “Service” as per definition under section 2(1)( o ) includes electricity service. In the light of the above discussion it is beyond doubt that this case attracts section 2(1)(g) and 2(1)(o) and 3 of the COPRA 1986.  

            In the instant case the complainant has alleged against the O.P WBSEDCL with an allegation that issuance of exorbitant bill for consumption of electricity i.e. allegation of the complainant agaisnt the service provider/O.P is liable for issuance to issue imperfect and faulty service, which amounts to “deficiency in service” as per 2(1)(g) and 2(1)(o) of the COPRA 1986  and in this particular case  there is no specific allegation of the O.P under section 126, 127, 135 and 145 of the Electricity Act, 1986. Therefore, we have strongly opined that this Forum has ample jurisdiction to adjudicate the instant case as per Section 3, 2(1)(g)  & 2(1)(o)  of the C.P Act, 1986 as this is not the case of the O.P with allegation unauthorized use of electricity by the Consumer/complainant.

            After scrutinizing vividly the complaint, written version and all other documents brought before this Forum by both the parties and hearing argument, it is crystal clear that O.P WBSEDCL sent an outstanding bill on 6.11.2014  for the month of August to October 2014 amounting to Rs.25,958/- and complainant has filed the instant case praying for direction to the official of the O.Ps to reduce the bill amount as per actual reading consumed by the complainant. In support of his contention he has filed a document which is a letter dated 6.11.2014 written to the complainant by “Officer-In-Charge” of O.P , WBSEDCL, from where it reveals that the O.P demanded amount of Rs.1,076/- for consumption of electricity in the month of October, 2014 and “Outstanding August 2014-September 2014” amounting to Rs.24,882/- . In this regard it is opined by this Forum that it is quite imperfect and faulty billing on the part of the O.P for the following reasons:

1.   The billing amount as per aforesaid notice dated 6.11.2014 of the O.P for the month of October, 2014 is Rs.1076/- but outstanding billing for the month of August and September, 2014 is in total Rs.24,882/- i.e. billing per month for the month of August & September, 2014 is Rs.12,441/- abnormally exorbitant . The above mentioned disparity in billing amount is quite unjustified.
2. Moreover, as per para 3 of the complaint petition, which is filed on affidavit, complainant was paying bill amount near about Rs.1000/- per month as per consumption basis which is noted in the meter card. We find no reason to disbelieve the aforesaid submission of the complainant comparing the bill amount for the month of October, 2014.

Therefore, in the light of the above discussion, we are strongly of the opinion that the bill raised by the O.P for consumption of electricity in the month of August-September, 2014 is erroneous and imperfect as the same is abnormally exorbitant and inconsistent which amounts to deficiency in rendering services of the O.P towards the complainant/consumer.

            To decide the payable amount we are taking into consideration the bill amount for the month of October, 2014 amounting to Rs.1076/- and complainant is directed to pay the amount of Rs.1076/- per month for the month of August 2014 and September, 2014 amounting to (1076/-   x    2 ) = Rs.2152/- in total.  

Hence,

                                                Ordered

That the case be and the same is allowed on contest without cost.

The complainant is directed to pay Rs.2,152/- for consumption of electricity for the month of August- September, 2014 within 15 days from the date of this order.

The O.Ps are directed to receive the aforesaid amount towards the consumption of electricity for the month of August- September, 2014 from the complainant ,when the complainant will pay the same.

O.P WBSEDCL is directed not to raise any further outstanding bill till October, 2014 and not to disconnect the electric connection till the date fixed i.e. 15 days from this date of this order.

Complainant is at liberty to file execution case if any departure is performed by the O.P from the aforesaid order.  

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

                                                                                                                                         

Member                                                           Member                                               President                                

 

 

Dictated and corrected by me

 

 

 

                        Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

 

            Ordered

That the case be and the same is allowed on contest without cost.

The complainant is directed to pay Rs.2,152/- for consumption of electricity for the month of August- September, 2014 within 15 days from the date of this order.

The O.Ps are directed to receive the aforesaid amount towards the consumption of electricity for the month of August- September, 2014 from the complainant ,when the complainant will pay the same.

O.P WBSEDCL is directed not to raise any further outstanding bill till October, 2014 and not to disconnect the electric connection till the date fixed i.e. 15 days from this date of this order.

Complainant is at liberty to file execution case if any departure is performed by the O.P from the aforesaid order.  

Let a plain copy of Judgment be supplied to the complainant free of cost and a copy of this judgment be sent to the O.Ps through speed post as per rule.

 

                                                                                                                                         

Member                                                           Member                                               President