Complainant’s case in short is that the O.Ps. raised previous energy(Electric) bill from defective meter. Subsequently on 24/03/2014 a huge amount was drawn at a time asking him for payment of Rs.24,093 for no fault of his own(consumer) and thereby the O.Ps. harassed the complainant resulting his mental agony and such activity of the O.Ps. is nothing but deficiency in service. The O.Ps. have contested this case by filing a Written Version denying and disputing the claims and contentions of the complainant. The specific stand of the O.Ps is that there is no deficiency in service on their part as alleged by the complainant and for this reason the case is liable to be dismissed. The O.Ps. have prayed for dismissal of the case with cost.

POINTS FOR CONSIDERATION.

1. Is the case maintainable as alleged?
2. Is the complainant a consumer as per provision  of Consumer Protection Act.1986?
3. Are/Were the O.Ps. guilty for deficiency of service as alleged?
4. Is the complainant entitled to the reliefs as prayed for?

DECISION WITH REASONS

All points are taken up together for consideration and decision.

            Seen and perused the pleadings of the parties which are supported by the affidavit, documents filed by the complainant and the Written Version filed today by the O.Ps. We have also heard arguments advanced by both parties in the first half today

          Now after due consideration of the arguments of both parties and the materials on record we find that admittedly the complainant is the consumer of the O.Ps.WBSEDCL and the consumer LD of the complainant is 422084903. We also find nothing adverse against the maintainability of this case and no argument was advanced on this point by the side of the O.Ps. at the time of hearing of this case at the first half. Therefore we have no hesitation to hold that the case is well maintainable and the complainant is a consumer of the O.Ps. At the time of hearing the complainant submitted that he is ready to pay the dues of the O.Ps. amounting to Rs.24,093 which was communicated to him by the O.Ps. vide memo no.SM/UMCCC /3919 dt. 27/03/2014 a few days after his filing of this case. He also prayed for easy installments for payment of the aforesaid dues of O.Ps. in addition of his payment of current electric bill and for a direction upon the O.Ps. not to claim any LPSC for the said amount. Ld. Lawyers for the O.Ps. opposed such prayer of the complainant and he submitted that the complainant may be permitted for payment of dues of Rs. 24,093/-by 12 installments of Rs.2007 each in addition of his payment of current electric bill.

        Now after due consideration of the submission of the complainant, his present source of income, his present consumption of electric energy i.e. Payment of electric bill and all other relevant material factors, the documents filed by the complainant and the submission and argument advanced by the Ld. Lawyer of the O.P., we find that accumulation of huge amount i.e. Rs.24,093 has been made due to not receiving monthly electric bill from the complainant by the O.Ps. and the complainant had no fault of his own for accumulation of such huge amount of electric bill. So in our considered opinion opportunity should be given to the complainant for payment of such huge arrear amount of electric bill by monthly installments so that he can maintain his family, can make payment of current electric bill as well as arrear of the electric bill amounting to Rs.24,093/- as claimed by the O.Ps. Therefore we think it proper if we direct the complainant to make payment of the arrear electric bill by monthly installments of Rs.800/- in addition of his paymnet of current electric bills. In this view of the matter we find and hold that by not receiving electric bill from the complainant month by month by the O.Ps. and thereby accumulation of arrear electric bill of the complainant to the tune of Rs.24,093/- has been made which tentamounts to deficiency in service on the part of the O.Ps. to some extent. Therefore the complainant is entitled to the reliefs specified below.

         All points are disposed of.    

         In the result the case/application succeeds.

       Hence, it is

O R D E R E D

         that the case is allowed on contest but in the circumstances we make no order as to cost.

         The complainant is permitted to liquidate the entire arrear electric bill amounting to Rs.24,093/- from June 2012 to May 2014 by installment of Rs.800 per month. He will deposit / pay the first installment by 16^th February and then month by month regularly every month within 15^th of each succeeding month and the last installment will be of Rs.893/- in addition of his payment of current electric bill. The O.Ps. are directed not to claim and LPSC from the complainant for his payment of said arrear electric bill by installments.

          Let copy of this final order be supplied to the parties free of cost forthwith in terms of Sec.5(10) of West Bengal Consumer Protection Act 1987.