DATE OF FILING                    :     27/03/2014.

DATE OF S/R                            :      08/05/2014.

DATE OF FINAL ORDER      :     18/08/2014.

SMT. NILIMA GHORUI,

widow of lt. Muktalal Ghorui,

42, Bangal Para 2nd Bye Lane,

P.S. Shibpur, District -  Howrah,

PIN -  711 104------------------------------------------------------------------- COMPLAINANT.

-          Versus   -

C.E.S.C. Ltd.,

regional office at 433/1, G.T. Raod (North)

Howrah -  711 101.------------------------------------------------------------OPPOSITE PARTY.

                                                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

1.                  The instant case was  filed by complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.P. C.E.S.C. Ltd., 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 directives upon the O.P. C.E.S.C. Ltd., for adjustment of the erratic bill for the month of December, 2013 against unit consumed 2793 amounting to Rs. 22,490/- sent to the complainant and other relief/s as she entitled to.

2.                  The o.p. C.E.S.C. Ltd., stated in their written version that the connection of the

complainant was disconnected by Loss Control  Cell ( LCC) on 21-06-2013 for tampering of the  erstwhile meter bearing no. 1741631.  The complainant paid entire LCC Claim of Rs. 19,373/- including meter replacement charge and reconnection charge on 27-06-2013 and the supply line was restored on 28-06-2013 by installing a new meter bearing no. l4804522 against the old one.  This answering o.p. so opined that the bill for the September, 2013 was tendered on the basis of the actual registration and includes the consumption for the  months July,  August & September, 2013 and further opined that the bill amount dated 27-06-2013 paid on 27-06-2013 was penalty amount and as such the bill raised for the month December, 2013 amounting to  Rs. 22,490/- is justified and as per consumed units and instant complaint made by the complainant is liable to be dismissed by cost.   

4.         Upon pleadings of both parties two points arose for determination :

            i)          Is there any deficiency in service on the part of the O.P. C.E.S.C. Ltd. ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.         Both the points are  taken up together for active consideration. Admittedly the complainant raised / lodged complaint both verbally / written for excess raising of energy bill by the o.p. for the month of December, 2013 against recording energy consumption through meter bearing no. 4804522. From the enclosures as submitted by the o.p. i.e. CESC Authority that the complainant paid Rs. 19,373/- being the final order of the assessment passed by the  Assessing Officer on 27-06-2013 U/S 126 of the Electricity Act, 2003 vide bill no. Bill/02290/2013. It is the admitted fact that the o.p. no. 1 or his representative replaced the old meter by a new one bearing no. 4804522 on the dated 27-06-2013 and the electricity consumption consumed by the complainant recorded in the corresponding meter viz.-viz. raising the bill accordingly as per norms. The units consumed so assessed  as pro data basis through the existing meter for the month of December, 2013 is not at all convincing as stated by the o.p. i.e. CESC Authority vide his letter dated 29-03-2013 ( reference no. CC/DM/O :- 68/34/92 is not tenable to the appropriate court of law when the December, 2013 a/c bill  had been prepared by proportioning the consumption of monthly basis due to the defect in the meter ( existing ) as admitted. We have also gone through all the records / enclosures including written version line by line where it was stated that the bill paid amounting to Rs. 19,350/- was penalty amount. Had it been so it is to be noted that one theft have been detected and assumed F.I.R. has been lodged to offences constituted one for civil offence so to say loss of energy assessment ( herein final assessment order ) and other criminal offences ( State vs. Consumer / Complainant ). First complaint had been complied with by the complainant by pay8ing requisite amount against final order of assessment and the second component i.e. criminal offences in the term of compounding U/S 145 of the  Electricity Act, 2003, the fate of the same was not disclosed / absent by any corner of o.p./ complainant.

6.   From the above foregoing notes it is the o.p. CESC Authority without going through vividly the electricity Act, 2003 unilaterally raised the bill for the month of  December, 2013 abruptly high in comparison to the actual consumed units which the complainant was harassed and sufferings with prolonged mental agony tantamount gross deficiency in service. Moreover, the o.p. being a licensee should take due care for abiding five promises as promised to their valued consumers namely “Mainly ; 1) Serve consumers efficiently, quickly and confidently, 2) there will be no lack in humanity and sincerity in any of our operation” which they felt to maintain in this present case study.

      Under such this is a fit case where the complaint raised by the complainant is fit for getting relief as prayed for.         Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

            That the C. C. Case No. 161 of 2014 ( HDF 161 of 2014 )  be  allowed on contest with   costs  against  o.p.,  C.E.S.C. Ltd.  

The C.E.S.C. Ltd. be directed to cancel this particular bill i.e, bill for the month of

December, 2013 and regenerate through computerized system a revised bill as per actual reading of the existing meter installed on the dated 27-06-2013 and thereafter within 30 days from the date of this order.

      The complainant do get Rs. 2,000/- as compensation for prolonged harassment and mental agony and also Rs. 1,000/- as litigation costs.

      The o.p. CESC Ltd. is also directed to pay the entire amount of  Rs. 3,000/- ( Rs. 2,000 + 1,000) to the complainant within 30 days from the date of this order i.d., it shall carry an interest @  10% p.a.

      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.            

DICTATED  &    CORRECTED

BY   ME.  

  (   P. K. Chatterjee )                                                         

  Member,  C.D.R.F.,Howrah.