Date of Filing – 23.05.2016
Date of Hearing – 08.12.2017
The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of the Opposite Parties to impeach the Judgement/Final Order dated 15.04.2016 passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat (for short, Ld. District Forum) in Consumer Complaint No. 590/2015. By the impugned order, the Ld. District Forum allowed the complaint lodged by the Respondent Sri Sambhu Das under Section 12 of the Act with the direction upon Opposite Parties/Appellants to verify and rectify the bills for the consumption period in between November, 2008 and January, 2009 amounting to Rs.5,035/- and allow the complainant to pay the same in easy instalments within six months, to pay compensation including litigation cost of Rs.5,000/- within one month, failing which OPs shall have to pay Rs.50/- per day as punitive damages.
The Respondent herein being Complainant lodged the complaint asserting that he is a bonafide customer under the West Bengal State Electricity Distribution Company Limited (WBSEDCL) being Consumer Id. No.101277689, Meter No. L 2396787 and the Category of the meter is domestic being a resident of Jawahar Abasan of Holding No. 136(69), Old Calcutta Road, Barrackpore, Dist- North 24 Parganas. The complainant has alleged that the bill raised by the WBSEDCL for the period of September, 2015 to October, 2015 was abnormal showing an amount of Rs.24,773/- and in this regard, the OPs are threatening upon him that unless the amount is paid, the service connection will be disconnected.
The Appellants being Opposite Parties by filing a written version disputed the allegations made by the complainant.
After assessing the materials on record, the Ld. District Forum by the impugned final order allowed the complaint with certain directions upon the OPs. Challenging the said order, OPs have come up in this Commission with the present appeal.
I have considered the submission advanced by the Ld. Advocates appearing for the respective parties and also scrutinised the materials on record.
Having heard the Ld. Advocates appearing for the parties and on perusal of the contents of Paragraph Nos. 5 of the petition of complaint it would reveal that it has no consistency or relevancy with prayer (A) of the Prayer Clause of the Petition of Complaint. In Paragraph – 5 & 6 of the petition of complaint, the complainant raised a billing dispute as to an amount of Rs.24,773/- for the period of September, 2015 and October, 2015 but in the prayer, the complainant has prayed for rectification of consumption period from November, 2008 to January, 2009 amounting to Rs.5,035/-. The Ld. District Forum did not see the matter from right angle and had it been seen, I think this order would not have been passed.
In any case, from the materials on record, it has come to surface that the complainant in accordance with the Regulation No.3.5 of West Bengal Electricity Regulatory Commission published in Kolkata Gazette (Extra-ordinary) dated 12.09.2007 moved an application before Regional Grievances Redressal Officer, North 24 Parganas Region and by a reasoned order dated 09.11.2015 the said complaint was disposed of with an observation – “From the statement of the complainant as well as by the Station Manager of concerned CCC, it is revealed that a gross mistake was done by the concerned Talpukur CCC that causes the accumulated abnormal bill amounting to Rs.24,773/- and for that the complainant consumer is not at all responsible. In these circumstances, the concerned Station Manager is directed to regenerate the bill as per yellow card reading taken by the reader of the concerned CCC giving the proper slab benefit. The complainant will pay the total amount bill at a time as expressed on the hearing date and in this case LPSC will be waived out”.
The fact remains that after the order passed by RGRO, one bill for the period September, 2015 to October, 2015 amounting to Rs.19,043/- was generated after hearing the parties but the complainant did not pay the said bill and is enjoying the electricity without any payment. These cannot be allowed to be continued keeping in view the Regulation No.3.5 being Notification No.36/WBERC which provides - “3.5.1(a) – In case, there is any dispute in respect of the billed amount, the consumer may lodge a complaint with the Grievance Redressal Officer, if the consumer is aggrieved by the order of the Grievance Redressal Officer, in accordance with the provisions of the concerned Regulations. In such a case, the aggrieved consumer may, under protest, pay, -
- an amount equal to the sum claimed from him in the disputed bill, or
- an amount equal to the electricity charges due from him for each month calculated on the basis of average charge of electricity paid by him during the preceding six months,
Whichever is less pending disposal of the dispute.
(b) The amount so calculated provisionally under clause (ii) by the licensee and tendered by the consumer shall be accepted by the licensee against that bill on the provisional basis”.
The Respondent/Complainant, in such a situation should have deposited Rs.19,043/- on protest or to prefer an appeal before Ld. Ombudsman under the Electricity Act but the respondent has made Forum shopping by filing this complaint and on that ground alone, the complaint should have been dismissed. Moreover, in the petition of complaint, the respondent suppressed the factum of his moving before RGRO. This is obviously suppression of material fact and withholding vital document relevant to the instant litigation.
In any case, Ld. Advocate for the respondent/complainant prays for remanding back the complaint in order to enable them to amend the petition of complaint after removal of apparent defect with regard to contents of Paragraph Nos. 5 & 6 of the petition of complaint vis-a-vis the prayer portion in the petition of complaint. Ld. Advocate for the appellants/OPs simply prays for a direction upon the respondent/complainant to go on paying electric bills regularly till the disposal of the complaint.
Considering the above, the appeal is allowed on contest. There will be no order as to costs.
The case is remitted back on remand with a direction upon the parties to appear before the Ld. District Forum on 30.01.2018 positively and on that date, the respondent/complainant must file an application for amendment of petition of complaint and thereafter, the Ld. District Forum will proceed to dispose of the complaint in accordance with law. It is made clear that the respondent/complainant is under obligation to make payment of electricity bills in accordance with Regulation No.3.5.1(a) & (b) of WBERC being Notification No.36/WBERC dated 12.09.2007 and in the event of failure on the part of respondent/complainant to comply with the same, the appellants/opposite parties shall have liberty to take steps in accordance with the Electricity Act, 2003 and the Regulation framed there under.
The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat for information.
