In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 323 / 2011 .
1) Smt. Kalpana Das,
13, Shitalatala Lane, Kolkata-700011. ---------- Complainant
---Versus---
1) M/s. CESC Ltd.,
CESC House, Kolkata-700001.
2) Sr. Commercial Officer, M/s. CESC Ltd.,
North Regional Office, 226A & B, A.P.C. Road, Kolkata-700004.
3) Directorate of Electricity, Govt. of West Bengal,
1, Harish Mukherjee Road, Kolkata-700026. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 12 Dated 10/08/2012.
In a nut shell, the case of the complainant is that she received unusual excessive bill with respect to her domestic connection of electricity from C.E.S.C.Ltd (O.P.s). After repeated requests of the complainant no positive action has been taken by the C.E.S.C.Ltd. for rectifying the billing dispute and she has been threatened by the o.p.s for disconnection of electric connection in question. Hence, the complainant has no other alternative but to file the instant case before this Forum for redressal of her dispute. The complainant has prayed for relieves as mentioned in the petition of the complainant.
O.P.s appear before this forum and contested the case and denied all the material allegations labelled against them and prayed for dismissal of the case in limini.
Decisions with reasons
We have gone through all the documents brought before this Forum by both the parties and heard from both sides in full length. Before going to the merit of the case, we are referring the Remarkable Judgement of the Hon’ble National Commission, in the case of Biswanath Mukherjee vs. West Bengal State Electricity Board and others, decided on 05.12.2011. vide Revision Petition No.2991 of 2006 ,reported in 2012(1) CPR76 (NC).In this Judgement Hon’ble National Commission has been pleased to observe “Correct course for a consumer with dispute regarding correctness of electricity meter or of billed electricity consumption would to apply to Electrical Inspector designated (under the Indian Electricity Act,1910)-’’ Hon’ble National Commission in the aforesaid Judgement also has referred to the observation of the Hon’ble Apex Court in CESC Ltd v Shri N.M.Banka and others (Civil Appeal No 14421 of 1996), in which the Hon’ble Apex Court observed that correct course for a consumer with a dispute regarding the correctness of electricity meter or of the bill of electricity consumption would to apply to the Electrical Inspector designated (under the Indian Electricity Act,1910).
Considering the above discussion, it is crystal clear that the instant case of the complainant is in relation to Billing Dispute of electricity with the CESC Ltd and Giving deepest regards to the above mentioned valuable observation of Hon’ble National Commission, we are of the opinion that the instant case is not ad judicable at this Forum.
We are also of the opinion that the complainant has liberty to file case at appropriate Forum with same self cause of action.
Hence,
Ordered
The case of the complainant is dismissed on contest without cost.
The complainant is at liberty to file the case on the same cause of action before any appropriate Forum.
