Order No. 1 1 Dated 2 7 / 0 8 / 2 0 1 0
The present case arises out of a reconstructed petition of complaint by the complainant u/s 12 read with Section 13 of the C.P. Act, 1986 against the CESC Ltd. praying for passing an interim order upon the o.ps. not to disconnect the complainant’s electric line and to direct the o.ps. to appear before this forum and after hearing quash the DPs bill and to pass any such order or orders as the forum may deem fit and proper.
It is the specific grievance of the complainant that he is a bona fide consumer under the o.ps. and regularly paid bills and his consumer number is 02148048001, meter no.2358794-G-01 used for domestic purpose. He previously filed a case before this forum vide case no.1552 of 1995 due to disputed amount of bill and hearing both the sides the forum was pleased to issue direction upon the o.ps. to send a disputed bills for the period Nov, 1995. CESC thereafter referred the matter to CEI-WB and as per the report of CEI order the complainant paid the bills.
But surprisingly complainant received the bill dt.4.5.04 amounting to Rs.6531.96. Complainant gave objection. O.p. further sent a bill for the month of April, 04 amounting to Rs.6400/- and May, 04 amounting to Rs.11,450/-. Complainant on receipt of bill visited the office of the o.ps. where the o.ps. informed him if the complainant does not pay the bill amount his electric line will be disconnected. Accordingly, complainant has filed this case before this forum with the aforesaid prayers.
In the reconstructed w/v o.p. has contended interalia that the allegations made out in the petition of complaint are irrelevant and redundant and this forum has no jurisdiction to entertain this case on the ground that the purported matter does not come with the jurisdiction of the C.P. Act.
It has also been stated that the previous case no.1552 of 1995 on the matter of dispute of bill for June, 1995, Aug, 1995, Sept. 1995 and Oct, 1995 the forum was pleased to refer the matter to CEI, Govt. of West Bengal for adjudication. During the adjudication the disputed matter was examined in the laboratory CEI-WB and it was found that the mater was correct and disputed bill are kept in abeyance.
The supply was disconnected on 29.4.04 for non-payment of bills (June 95, Aug, 95 to Oct, 95) along with other bills upto March, 04 amounting to Rs.6530/- was paid on 4.5.04 and the supply was restored on 5.5.04. But subsequently, delayed payment surcharges against the disputed bill along with other unpaid bills were added in May, 04 amounting to Rs.11,378/- and accordingly, there is no deficiency of service on the part of the o.ps. and so the petition of complaint is liable to be dismissed.
Decision with reasons:-
It appears on perusal of the record that as the original record was not traceable the record was reconstructed containing the copy of the supplementary petition of objection filed on 6.11.09 by the CESC and their w/v, prayer for an interim order along with some petitions and the petition of complaint, copies of the electric bill for the month of March 04, April 04, May 04. Complainant has filed affidavit of evidence on 29.3.10 and the BNA on the same date and the o.p. has also filed BNA on 29.3.10 along with a decision in Civil Appeal no.14421 of 1996 dt.21.11.1996 in the matter of Indian Electricity Act relating to Section 26 (4) (6) regarding the billing dispute and another case of State Consumer Disputes Redressal Commission, West Bengal under reference no. (2008) 1 WBLRCPSC 234 in a case between CESC as appellant and Sitaram Singh as respondent.
Main grievance of the complainant is that he has paid all the bills and so the amount of Rs.11,378/- as charged by the o.ps. is illegal and unlawful. O.ps. have not filed any evidence, on the other hand, we have already mentioned that complainant has filed evidence on 29.3.10 wherein he has specifically claimed that no amount is payable from him by these o.ps. and he has paid all the bills in due course of time and if any bill remains unpaid CESC could send the green bill / disconnection bill in the next month, so the question of dues in the year 1995 is totally illegal, baseless and not maintainable in law. We have also perused the BNA of complainant. It has also been contended that since 1995 complainant has paid her monthly bill to the CESC and CESC has demanded the said amount of money wrongfully. We have also perused those payments of electric bill submitted by the complainant. On perusal of the record we do not find any cogent document filed by o.ps. that the amount which has been claimed by the o.ps. is actually due and payable by the complainant and it is also admitted position that previously complainant received an interim order, so that the o.ps. may not disconnect his electric line.
O.p. has not also submitted the report of the inspector on the basis of the complainant regarding the correctness of the meter of the complainant. So the allegation of the complainant that the meter is defective and against whom the complainant informed the o.ps. goes unreplied. Therefore, considering the facts, circumstances and evidence on record both oral and documentary, we like to dispose of the case by passing the following order.
The petition of complaint is allowed on contest against the o.ps., but considering the circumstances, no order is passed as to cost and complainant is under no liability to pay any amount of money as claimed by o.ps. allegedly due from the complainant.
Supply copy of this order to the parties on payment of prescribed fees.
