West Bengal

Howrah

CC/13/79

SMT. ASTAMI BARUI - Complainant(s)

Versus

Divisional Manager, - Opp.Party(s)

26 Aug 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah – 711 101.
(033) 2638-0892; 0512 E-Mail:- confo-hw-wb@nic.in Fax: - (033) 2638-0892
 
Complaint Case No. CC/13/79
 
1. SMT. ASTAMI BARUI
W/O- Late Arobindo Barui, Panthihal (East), P.S- Jagatballavpur, Howrah
...........Complainant(s)
Versus
1. Divisional Manager,
Howrah Division -I, WBSEDCL, Makardaha, Howrah-711 409.
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE T.K. Bhattacharya PRESIDENT
 HON'ABLE MR. P.K. Chatterjee MEMBER
 HON'ABLE MRS. Smt. Jhumki Saha MEMBER
 
PRESENT:
 
ORDER

DATE OF FILING                    :      22-03-2013.

DATE OF S/R                            :      19-04-2013.

DATE OF FINAL ORDER      :     26-08-2013.

 

Smt. Astami Barui,

W/O Lt. Arobinda Barui,

Panthihal (East) P.S. Jagatballavpur,

Dist Howrah  -------------------------------------------------------------  COMPLAINANT.

 

-          Versus   -

 

1.      Divisional Manager,,

Howrah Division – I

W.B.S.E.D.C.L. Makardaha,

Howrah – 711 409        

 

2.      Station Manager,.

W.B.S.E.D.C.L .

Bargachia Group Electric Supply,

Bargachia, Howrah 711 404----------------------------------------OPPOSITE PARTIES.

 

 

                                                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 the complainant U/S 12 of the C.P. Act, 1986  (as

amended up to date )against O.Ps. alleging deficiency in service U/S 2(1)(g), 2(1)(o) of the C .P. Act, 1986 wherein the complainant has prayed for direction upon the O.P. nos. 1 & 2 for adjustment of the erratic bill sent to the complainant.

 

2.      Smt. Asthami  Barui  since deceased the husband of the complainant is a consumer

of the O.P no. 2 having consumer no. D051420 ( old consumer number D 03245 ) Consumer I.D. No. 135125003 having connected load 0.33 KW consuming energy through a domestic meter no. 671415, received the electric bill for the period Nov,2012 to Jan, 2013 for 3283 units amounting to Rs. 26,239/- with shocked and surprised as earlier bill ranging from Rs. 150/- to Rs. 200/-. Having no other alternative the complainant has prayed for relief against such erratic bill dated 04-02-3013 ( billing period November, 2013 to January, 2013 ).  Hence the complaint.

 

 

3.      The O.P. nos. 1 & 2 in their written version contending interalia stated that the

existing meter has been changed by any one on 17-12-2011 being no. H 648281 and the same has been arresting a correct unit consumption ( reference BG/ Admn./ 08/2761 dated 15-03-2013 ). It is also opined by this answering O.Ps. that attempts have been made for arresting  correct consumption by installing a challenged meter / checked meter on 16-04-2013 against disputed bill for the period Nov,2012 to January, 2013 and as per the said check meter the pattern of consumption of the consumer is the same and as such raising of electric bill is quite in order and the consumer/ complainant is under obligation to pay the bill. The instant case is absolutely misconceived and speculative and designed to harass the O.Ps. and is liable to be dismissed.  

 

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

i)          Is there any deficiency in service on the part of the O.Ps.  ?

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 consideration. On scrutiny it appears that

there was no dispute regarding billing from May,2011 to July,2011 and the bill amount of  Rs. 375/-, suddenly the bill amount for Nov’11 to Jan’12 became sporadic and the amount comes to Rs. 950/-, as the meter was changed by the O.P. and new meter was installed we much hardship the complainant paid the bill and that to August,2012 to October, 2012 of Rs. 657/- also paid.  The bill period for Nov’12 to Jan’13 showing unit consumption 3283 units with total amount of Rs. 26,239/-. As she registered complaint, the O.P. installed a check meter on the dated 16-04-2013. Whatever the argument on the part of the O.P. that replacement of the old meter by a new one how the bill sent on 07-03-2013 can be so exorbitant ?   If we scan the previous bills we get the unjustified squeezing tendency of the O.P. for the period Nov’12 to Jan’13 of total amount claim of Rs. 26.239/-.

 

6.      Now if we take the ratio of the above mentioned bills we get the positive result i.e.,

it has true likeness with the bill Nov’12 to Jan’13. The amount charged never rises the eye browse of a man of consumer prudence. The interim phase of installation of challenged meter / checked meter is full of anomalies and incorrect registering of the units. No acceptable argument is forthcoming on behalf of the O.P. as to how the bill dated 08-02-2012, 03-08-2012 can be so exorbitant and how the subsequent bill Nov’12 to Jan’13 can be so generous.

 

Therefore, we have no hesitation to hold that the bills for the period Nov’12 to Jan’13 was outcome of faulty meter and it requires to be cancelled / regenerated. There is no allegation of obstruction of electricity from the said meter as the instance of erratic bill within the knowledge of the O.Ps. It is not properly explained by the O.Ps. as to how the same meter can register huge units / amount for the bills and again it can register normal bill for the subsequent billing month. That the existing electric meter is defective and registered units sporadically is established from erratic billing. If the O.P. is not vigilant a bad impression is generated amongst the consumers. However, the bill in question for the period Nov’2012 to Jan’2013 appears to us anomalous ex facie. There cannot be any other alternative but to cancel regenerated the bill.

 

In the result, the complaint succeeds.

 

Both the points are accordingly disposed of. 

 

      Hence,

                                    O     R     D      E      R      E        D

     

      That the C. C. Case No.  79 of 2013 ( HDF 79 of 2013 )  be  allowed on contest but without cost against O.Ps.

 

      That the  O.Ps. are  directed to remove the existing meter by a new one to avoid sporadic bill in future.

 

      The bill dated 07-03-2013 for the period Nov,12 to Jan,13 be cancelled and regenerated through regeneration system within 30 days from the date of this order and inform the consumer / complainant for fate of this erratic bill so that consumer have the liberty to pay if any in due time.

 

      No order as to compensation and costs.

       

      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.

   

  

                                     

                                                          

 ( Jhumki Saha )                         ( P. K. Chatterjee )                (T.K. Bhattacharya  )

 Member,                                     Member,                                President,

 C.D.R.F.,Howrah.                     C.D.R.F.,Howrah.                 C.D.R.F.,Howrah                                      

                                          .                                         

 

 
 
[HON'ABLE MR. JUSTICE T.K. Bhattacharya]
PRESIDENT
 
[HON'ABLE MR. P.K. Chatterjee]
MEMBER
 
[HON'ABLE MRS. Smt. Jhumki Saha]
MEMBER

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