IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/16/2016.
Date of Filing: 25.01.2016 Date of Final Order: 16.01.2017.
Complainant: Purnendu Kumar Mondal, S/O Late Jagannath Mondal, Vill. Polladanga,
P.O. Faridpur, P.S. Jalangi, Dist. Murshidabad. Pin 742305.
-Vs-
Opposite Party: Asstt. Engineer and Station Manager, CCC, Jalangi, WBSEDCL.
P.O.& P.S. Jalangi, Dist. Murshidabad. Pin -742305.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra …………………. Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya - Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for quashing the illegal notice dt. 7.12.15 claiming Rs. 61,278.51 and for restoration of electric line of the complainant.
The complaint’s case, in brief, is that he is consumer having STW connection for irrigation purpose. The OP-WBSEDCL did not take meter reading properly since 2011. The OP claimed inflated bill of Rs. 26,598.00 for the period from February 2010 to December 2012 upon imaginary reading which was compromised and Rs. 15,261.00 was settled reducing the claim of the OP which was paid by the complainant on 12.2.13 and up to December’12 all the outstanding dues was fully paid off. Thereafter, the complainant received an illegal notice dt. 7.12.15 claiming outstanding dues of Rs. 61,278.51 from the OP. The complainant has not defaulted any payment and for that the claim was per notice dt. 7.12.15 is an illegal demand and the OP illegally disconnected the electric line of the complainant on 06.01.2016. This disconnection is an act of deficiency on the part of the OP. There after the complainant filed the instant complaint. Hence, the instant complaint case.
The written version filed by the OP WBSEDCL, in brief, is that the OP denied the allegation as to the fictitious bill submitted by the OP without regular reading of the meter. The complainant paid Rs.2110/- for the period from 1/2012 to 2/2012. On 12.02.2013 the complainant paid Rs.15, 161/- for the period 2/2010 and from the period from, 8/2011 to 11/2011. The petitioner has not paid any amount for the month of 12/2011 and from 3/2012 to till date. The total outstanding dues for the period from 12/2011 and from 3/2012 to March 2016 is Rs. 65, 892.77. The bill also contains the LPSC charges of Rs.8, 976.50 which was claimed in the bill for the month of 2/2014. The complainant failed to pay the outstanding dues and for that disconnection was effected. There is no deficiency of service on the part of the OP. Also, this Forum has no jurisdiction to entertain the dispute regarding billing dispute as there is a separate forum to entertain the same and as such the complaint is liable to be rejected.
Points for consideration
- Whether the complaint is maintainable in its present form and in law?
- Whether the claim application is barred by limitation?
- Whether the Forum has jurisdiction to entertain any application relating to billing dispute?
- Whether the complainant is a consumer under the ambit of C.P. Act, 1986?
- Whether the complainant is entitled to get relief as prayed for?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The instant complaint is for illegal notice dt.7.12.15 claiming Rs. 61,278.51/- where there were no outstanding dues and for restoration of connection which was disconnected illegally.
Inspite of sufficient opportunities the complainant has not filed any evidence-on-affidavit but he has filed some documents including the alleged notice dt. 7.12.15 claiming Rs.61 278.51.
The Ld. Lawyer for the complainant has advanced argument along with relevant documents in support of his claim, admitting the payment of bill by the complainant for Rs. Rs.2110/- for the period from 1/2012 to 2/2012. On 12.02.2013 the complainant paid Rs.15, 161/- for 2/2010 and from 8/2011 to 11/2011.
From the above document it is clear that this payment relates to earlier bill. In this case there is no allegation of defective meter.
Further, from the document filed by the OP showing the dues and the payment of bills by the complainant, it is clear that the OP is entitled to get Rs.65, 892/- as outstanding bill upto 3/2016.
There is no document from the side of the complainant showing that he had paid all the bills for the period as claimed by the OP.
Considering the above, we are of the view that the complainant is entitled to get restoration of his electric line subject to payment of dues of Rs. 65,892.77 as discussed above by 11 monthly installments containing Rs.6000/- each for 10 monthly installments and Rs.5, 892.77 for the last installment and after payment of first installment, the OP will restore the electric connection of the complainant within 7 days from the date of payment of the first installment.
On the basis of above, we find all the points are disposed of in favour of the complainant
in part on merit and as such the complainant will get restoration of his electric line subject to payment of dues of Rs. 65,892.77 as discussed above by 11 monthly installments containing Rs.6000/- each for 10 monthly installments and Rs.5, 892.77 for the last installment and after payment of first installment, the OP will restore the electric connection of the complainant within 7 days from the date of payment of the first installment.
Hence,
Ordered
that the Consumer Complaint No. 16/2016 be and the same is hereby allowed in part on merit .
The complainant is directed to pay Rs.65, 892.77 by 11 monthly installments i.e Rs. 6000/- per month for 10 installments and the remaining Rs.5, 892.77 is to be paid by 11th installment. The installments will be deposited within the 1st week of each month.
The OP is directed to restore the electric line of the complainant within 10 days from the date of receipt of the first installment. In default, the OP is to pay fine @Rs.50 per day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
The complainant is directed to pay the current bills as per schedule of the electric bill.
In case of default of any installment, the OP is at liberty to disconnect the service line forthwith.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President.
