The instant case was instituted on the basis of a written complaint file by one Kashimuddin S/o. R. Rahaman, Vill & PO Kashimpur, Ps. Chanchal Dist. Malda (W.B.) Pin 732 139   and the said petition of complaint was treated as Complaint Case No. 42/2018.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the complainant is the consumer of the W.B.S.E.D.C.L under Chanchal Customer Care Centre being Consumer ID No. 300686686. The complainant received an inflated bill but his meter is out of order.  The complainant submitted written complaint before the Station Manager for replacement of electric meter on 15/02/2016 but the O.P. kept mum regarding that matter. The complainant then filed complaint before the Asst. Director –Incharge, Malda Regional Office CA & F.B.P. Then he summoned the O.P. and advised him to appear on 02.03.2017 but the O.P. did not appear on the same day. Finding no alternative the complainant filed a case before the District Consumer Disputes Redressal Forum, Malda praying for replacement of his electric meter, rectification of electric bills and Rs. 5,00,000/- (Rupees Five Lakhs Only) for mental agony and harassment.   

The petition has been contested by the O.Ps by filing the written version denying all the material allegations as leveled against the O.Ps contending inter alia that the instant case is not maintainable in law and facts. The complainant has got no cause of action to file this case and the case is barred under the principle of waiver, estoppels and acquiescence.

The further defense case is that after receipt of two written complaints from the petitioner the energy meter was inspected. They found the meter defective in December, 2016 and replaced it 09/01/2017. The complainant consumed the electric connection for land irrigation for five seasons and so his energy reading is 16802 KWH. The O.P. No.2 requested the complainant to pay the outstanding bill amount of Rs. 1,20,384/-  upto June , 2017  but the complainant did not pay heed to his word and the O.P. cut the electric connection of the complainant. Later on they also rectified the bill amount of Rs. 84,567/- as on 28/01/2019 but the complainant has not paid the amount. So dismissal of the case has been prayed for.

In order to prove the case the complainant filed Examination-in-Chief and he was not cross-examined by O.P. On the other hand no witness was examined on behalf of the O.Ps.

Now point of determination:-Whether the complainant is entitled to get any relief or not ?

::DECISION WITH REASONS::                                                                   

The complainant in his petition of complain as well as in the Affidavit-in-Chief mentioned that the complainant after finding the inflated bill informed the O.P. for replacement of the defective meter but the O.P. did not pay heed to his request. So he made a complaint to Assistant Director –in-Charge of C.A. & F.B.P., Malda R.O. After receiving summon from the Assistant Director In Charge the O.P. did not turn up and also whatever the O.P. mentioned in the written version is totally false and baseless.

On the other hand the Ld.Lawyer of the O.P. submitted a Written Notes on Argument where he argued that   the existing meter found defective and after receiving two complaints from the complainant the said defective meter was replaced by a new meter on 09/01/2017. But the complainant utilized the service connection for land irrigation purpose and consumed it on two times cultivations from the year 2014 so for five years the units show 16810 KWH, yearly average consumption was 3363 KWH for five years it comes to 3363 X 5 K.W.H =16810 KWH. The total amount of bill comes to Rs.1,20,384/-(Rupees One Lakh Twenty Thousand Three Hundred Eighty Four Only). Later on the bill was rectified to Rs. 84,567/- (Rupees Eighty Four Thousand Five Hundred Sixty Seven Only) after installation of new meter.

It is a fact that the O.P. several times requested the complainant to pay the bill and the complainant did not pay the bill as such he is a habitual defaulter.

In view of the case law reported by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal in its first appeal A907/2017(Divisional Engineer and Divisional Manager South Dinajpur V/S. Smt. Asha Das) the Hon’ble State Commission held that when there was a dispute as regards to the electric bill the consumer will pray to the Regional Grievance Redressal Officer in accordance with the Regulation 3.5.1 of Notification No. 55/WBERC dt. 07/08/2013. According to the Regulation 3.5.1 in case there is any dispute in respect of the bill amount, the consumer may lodge a complaint with the Grievance Redressal Officer or the Central Grievance Redressal Officer of the Licensee and thereafter to the Ombudsman in appeal against the order of the Grievance Redressal Officer or the Central Grievance Redressal Officer, in accordance with the provisions of the concerned Regulations. So, in view of that case law as decided by the Hon’ble State Commission this Forum has got no jurisdiction to decide the matter in question as it relates to the dispute of the bill amount.

The Hon’ble State Commission also expressed the same view in Revision Petition No. RP 102/2018 arising out of the case of Malda District Consumer Forum.

So considering such facts and circumstances it is found that the instant case is not maintainable as such liable to be dismissed.                                

C.F. Paid is correct.

Hence, ordered that

the case be and the same is dismissed on contest without any cost

Let a copy of this order be given to the parties free of cost on proper application.