BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 3 of 2015
Fakrul Alam Mazumder, …………………………………………. Complainant.
-V/S-
1. Assam Power Distribution Company Limited,
(Bijulee Bhawan), Paltan Bazar, Guwahati,
(Represented by Chief General Manager) Commercial
P.O. Guwahati-781001, Assam. O.P No.1
2. Executive Engineer, APDCL,
Radhamadhav Road, Silchar. O.P No.2.
3. Assistant Executive Engineer,
Silchar Electrical Sub-Division No.II
APDCL, Meherpur, Silchar-5. O.P No.3.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Sri Sawkat Sultana, Advocate for the complainant.
Sri K. Dutta Choudhury, Advocate for the O.Ps.
Date of Evidence 29-05-2015, 14-08-2015
Date of written argument 01-09-2017
Date of judgment 17-01-2018
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Fakrul Alam Mazumder (complainant) brought this case under the provision of Consumer Protection Act,1986 against Assam Power Distribution Company Limited (APDCL) and its Officers including Assistant Executive Engineer, Silchar Electrical Sub-Division No-II for direction to rectify the Electric Bill for the period from 03-10-2013 to 12-11-2013 and pay compensation for mental agony harassment etc. etc.
- Brief facts:-
The complainant is consumer under the O.P. His consumer No.13-C-234 against Electric Meter No.07431772. He was paying regular electricity charge against the electric bills. But an electricity bill No. 1514957 dated 13-11-2013 raised in his name against his consumer No. 13-C-234 but meter No.07431765 of Rs.60,122.00 for a period from 03-10-2013 to 12-11-2013. Accordingly, without paying the bill raised objection. Accordingly, the O.P No.3 made physical inspection on 19-11-2013 and 17-12-2013 and detected their irregularities and agreed to settle the bill by rectifying the irregularities but in vain. Hence, the instant case brought after serving legal notice to O.Ps.
- The O.Ps in their W/S admitted inter-alia that the consumer number and meter number of the complainant are correct as stated by the complainant. It is stated that when new Consumer number allotted to Complainant and 2 (two) other Consumers of the same building (Barak Market Multistoried Market Complex) meter reading was taking correctly from each meters by meter reader since 01-07-2008 and accordingly same meter reading was sent for giving entry in the Barmada Machine for the purpose of preparation of computerized electric bills in the name of the above mentioned 3 (three) consumers. But in the recording of meter number against the name of the complainant, it was inadvertently entered new meter number as 07431765 instead of 07431772. It is to be mentioned here that meter number of his co-consumer of the same building is 07431765. His name is Md. Farul Hilal Mazumder. However, the O.P denied their negligency and allegation of disservices etc. Rather stated that the co-consumer Faruk Hilal Mazumder without objection the bill of electricity for the aforesaid period has been paid but the complainant for illegal gain brought the instant case.
- During hearing the complainant examined himself as P.W-1 and exhibited the disputed bill vide Ext-1 and also exhibited other papers regarding corresponding with O.P for rectification of the Ext-1 bill. The D.W also examined Sri Sanjib Dasgupta the SDE, Silchar Electrical Sub-Division No.2, APDCL and exhibited bill with effect from 01-07-2008 having meter No.07431765 in the name of the complainant and also exhibited a bill for the period from 03-01-2013 to 12-11-2013 in connection with meter No. 07431772 in the name of Fakrul Hilal Mazumder vide Ext.B (I).
- After closing evidence the complainant side has submitted written argument but the O.P did not submit any written argument. I have heard oral argument of the Ld. Advocate of the complainant in presence of other member of this District Forum but none has appeared on behalf of the O.P for oral argument.
- In this case from the evidence on record it is crystal clear that since 01-07-2008 the meter belonged to the complainant were reading regularly by the meter reader along with meter belonged to 2 (two) co-consumers including Faruk Hilal Mazumder but when bills were issued till the issuance of disputed bill vide Ext-1 and Ext-B(I) the O.P entered meter reading of the complainants meter to the consumer ID of the Faruk Hilal Mazumder and meter reading of Faruk Hilal Mazumder entered into consumer ID of the complainant. Thus, it is amply clear that the complainant paid electric energy charge to the O.P with proper unit reading of his electric meter and Faruk Hilal Mazumder paid all charges to the O.P for the reading of energy unit of the complainants’ meter. It is also revealed from the electric bills exhibited in this case by the O.P that as per the meter of the consumer Faruk Hilal Mazumder the unit of energy consumption is comparatively more than the unit of energy recorded in the meter of the complainant. For which the complainant felt aggrieved. On the other hand Faruk Hilal Mazumder paid less amount then actual consumption recorded in his meter. Perhaps for the above reason of less monetary burden, Faruk Hilal Mazumder did not raise objection and paid the disputed electric bill vide Ext-B (I) and earlier bill since 01-07-2008.
- Therefore we find justified ground in favour of the complainant to get rectified electricity bill not only the Ext-1 but also all the electricity bills since 01-07-2008 and as such the O.Ps are directed to rectify all the electricity bills since 01-07-2008 in favour of the complainant and adjust the amount already paid by him and then if balance remain issue new bill without any surcharge for arrear.
- The O.Ps are further directed to do above necessary arrangement within 30 days from today and in no way take attempt to disconnect the electricity connection of the complainant in respect of dispute of above electricity bill vide Ext-1. If fail to do needful within the stipulated date the O.Ps are to pay punitive compensation for harassment, mental agony etc. to the Complainant of Rs.50,000/- (Rupees Fifty Thousand) only and the said amount to be paid within 45 days from today with interest @ 10% per annum from the date of defaulter till realization of the full and also liable to rectified the disputed bill and other bills as per earlier direction.
- With the above this case is disposed of on contest with cost of Rs.3,000/- ( Rupees Three Thousand) only. Supply free certified copy of judgment to the parties. Given under my hand and seal of this District Forum on this the 17th day of January , 2018
