West Bengal

Birbhum

MA/54/2019

M/S Gopal Stone Product - Complainant(s)

Versus

Regional Manager, WBSEDCL - Opp.Party(s)

12 Sep 2019

ORDER

One Mozahedul Islam, of Vill. Chander Jile, P.S. Mollarpur, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.Ps to pass and order directing the Ops to cancel that the electric bill for the month of May bill dated 06/05/2019 and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.

The case has been filed in time. Register it. Full requisites have been filed.

The case is taken up for admission hearing as interim petition.

Perused the complainant, documents and interim petition.

Heard LD. Advocate/Agent of the Complainant.

We find prima facie case.

Late the case be admitted. 

            Considering urgency the record is taken up for hearing treating the same as MA Case No. 54/2019.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

            The petitioner also files a petition praying for passing an interim order directing the O.P is to restore the electric line being Consumer Id No. 500580319.

That the complainant’s crashing machine runs through electricity supplied by opposite party being consumer ID No. 500580319 and such the complainant is a consumer under the opposite party and the opposite party is the service provider of the complainant in view of the Electricity Act as well as the consumer protection Act. 

            That the complainant maintains his livelihood from the income derived from the aforesaid stone crashing machine and he has no other source of income expect the same and as such the complainant is a self-employed person.

            That the complainant has been paying electric energy bill so far sent by the opposite party regularly and the complainant was never defaulter in respect of payment of electric energy except the dated 06/05/2019 and 01/06/2019 amounting to Rs. 97,725/- including outstanding bill.

            That the first week of the March that meter of the said stone crashing machine was out of order and as such the opposite party was informed on 07/03/2019 being complaint docket no. 20678992 and the technician of the opposite party attended to the above complaint and submitted his report before the opposite party.  That receiving the report of the technician the opposite party informed the complainant that meter is defective and that should be replaced and as such the complainant was directed to deposit of Rs. 9000/- as the cost of the meter and he was further directed to clear outstanding dues.

 

That accordingly as per instruction of the opposite party the complainant deposited Rs.42,110/- for energy bill and cost of the meter of Rs. 9,000/-  before the office of the opposite party.

That again on 24/04/2019 the meter of the said stone crashing machine was burnt and as such the opposite party was informed on 24/04/2019 being complaint docket no. 20678992, but till date the opposite party did not take any step to restore the electric connection in the premises of the complainant and inconsequence the complainant has been suffering damages caused by eh opposite party.

            That the opposite party electricity department inspite of restoration of the electric service connection in the premises of stone crashing machine of the complainant has been sending exorbitant electric energy bills one by one. That the complainant deposited the electric bill Rs 42,110/- on 23/03/2019.   That the opposite party raised electric bill for the month of April 2019 of Rs. 40,695/- bill dated 18/04/2019, for the month of May of Rs. 54,861/- bill dated 06/05/2019 which are exorbitant bill.  That the complainant is ready to pay the bill amount to Rs. 40.695/- bill dated 18/04/2019, but the complainant informed the opposite party that the bill for the month of May amount to Rs. 54,861/- is not correct as the meter was burnt on 24/04/2019 which was reported to the opposite party department and it  will be found in the said burnt meter that till date of brunt of the meter consumption is 1600 units , but the opposite party electric department is claiming 6192 units without taking proper reading of the meter.  That such act of the opposite party is nothing but illegal and violation of natural justice. 

            That as the meter is burnt it is difficult to assess the actual consumption of the meter and as such it is necessary to deploy electrical inspector to examine the burnt meter and assess the consumption unit of the meter as he is the only authorize person to inspect the burnt meter. 

            That complaint cannot run his stone crashing machine due to paucity of electricity as his electric service connection has   been disconnected.

            The petitioner several requested to OP WBSEDCL to restore the electric service connection after installing new meter replacing the burnt meter and also requested to receive the bill amount from the month of April of Rs. 40,696/- bill dated 18/04/2019, but the OP did not pay any heed on the request of the complainant and they referred him before the Court of law.

            In the situation the petitioner have no other alternative but to file a suit against the OP WBSEDCL.

   Hence, this application for passing interim order against the Op for restore the electric connection after installing a new meter replace the burnt meter.

It will be revealed that the said bill has been raised due to defective meter.

On careful scrutiny of the record and documents filed by the complaint we find substance that the complainant has got an exorbitant electric bill of Rs. 97,725/- which is very much more than his average electric bill.

            At this stage without going into the merit of case we think that electricity is an essential part of modern human life in the present day situation and as the complainant has been earning his livelihood from stone crashing machine we think ends of justice would be met up if the Complainant is directed to pay lump sum amount to O.P, and OP is directed to reconnection the line and replace the old defective meter by a new one having no defect.

 Accordingly prayer for interim order is allowed.

The Complainant is directed to deposit Rs. 45,000/- to the O.P W.B.S.E.D.C.L 1. Regional Manager, WBSEDCL, Suri Super Market Complex, P.O and P.S. Suri, Dist. Birbhum. 2) Station Manager,

 

WBSEDCL, Mollarpur CCC, P.O and P.S. Mollarpur, Dist. Birbhum, within 7 days from the day of this

 order and the O.P is directed to reconnect the Electric Connection of the complainant being ID No. 500580319 immediate after payment of Rs. 45,000/-

            Deposited amount will be adjusted with Electric Bill of the Complainant.

            The Complainant is also directed to pay the current Bill month by month/ quarterly.

Thus the M.A is disposed of.

 Fixed 01/11/2019 for appearance of the O.P.

Interim order will be effective till 01/11/2019.

            The Copy of the order be sent to O.P W.B.S.E.D.C.L, 1. Regional Manager, WBSEDCL, Suri Super Market Complex, P.O and P.S. Suri, Dist. Birbhum. 2) Station Manager, WBSEDCL, Mollarpur CCC, P.O and P.S. Mollarpur, Dist. Birbhum,through speed post for compliance.

            Copy of this order be supplied to the parties each at free of cost.