Complainant files hazira. Fixed for filing Vokalatnama by the O.P. and for hearing of the petition filed by the Complainant for interim order.
Ld. Advocate for the O.P. files hazira along with Vokalatnama and a time petition for filing written version.
Let the petition for interim order be registered as Misc case no. 11/2018.
The Misc case is taken up for hearing.
The case in brief is that, the Complainant enjoyed electric connection in his Submersible Pump with single phase meter vide no. T1952723. The Complainant requested the O.P. several times to install three-phase meter but they did not pay any heed. The Complainant noticed in the month of March 2013 that the meter was running very fast and informed the same to the O.P. but they did not take any step and thereafter, sent absurd bills with that defective meter. The Complainant visited the Office of the O.P. several times with request to install TOD meter and to make regeneration of those bills as per meter reading of TOD meter but the O.P. did not take any effective measure. After
that on 17.06.16 the O.P. has repaired the defective meter and sent a bill for the month of June, 2016 by claiming an amount of Rs 1,45,230.46 as outstanding . The Complainant requested the O.P. to make the regeneration of those bills as per Office order no. 6 dt. 06.02.2013, issued by Chief Engineer (Distribution) WBSEDCL but no fruitful result was made rather on 15.07.2016 the O.P. disconnected the electric connection of the Submersible Pump of the Complainant. The Complainant earns for his family from the cultivation of his land and is suffering with irreparable loss due to non plantation of seasonal crops for lack of irrigation. Hence he filed this case along with a petition and prayer inter alia a direction upon the O.P. to restore the electric connection into his Submersible Pump with new three-phase TOD meter.
We have heard Ld. Lawyer for both sides.
At the time of hearing Ld. Advocate for the Complainant stated that as per Office order no. 6 dt. 6/2/2013 issued by Chief Engineer WBSEDCL the single phase meter is to be treated as un metered connection and all such disputed/unsettled outstanding energy bills in respect of three-phase agricultural consumers provided with single phase meter are to be regularized by regeneration of those bills as per with the unmetered annual rate of respective year and accordingly the Complainant requested the O.P. several times to regenerate his absurd bills issued upon the reading of defective single phase meter. But the O.P. did not pay any heed. The Complainant also submitted a calculation of his defective bills as per the above said order, which the O.P. is entitled to claim from him.
Ld. Lawyer for the O.P. verbally raised objection against the prayer for interim order raised by the Complainant and stated that the complainant has to pay the outstanding amount but he is unable to explain about the order no. 6 dt. 6-2-2013 issued by Chief Engineer WBSEDCL and also about the calculation submitted by the Complainant as per the said order. Ld. Lawyer for the OP stated that the concerned Office of the O.P. did not supply the necessary documents to him and as such he prays for time for the same and for W.V.
On the other hand Ld. Lawyer for the Complainant stated that the Complainant has no source of income other than the cultivation to meet the needs of his family as he is a marginal peasant and the season for “Rabi Crops” cultivation is already running and he is suffering irreparable loss due to non plantation of seasonal crops for lack of irrigation and it is the crying need of the Complainant for the restoration of the electric connection of his submersible pump for irrigation of his land for better crop production.
We have verified the documents on record carefully.
The Xerox copy of the money receipts dt. 03.03.2014, 03.03.2014, 07.06.2014, 07.02.2015 and 13.03.2015 show that the Complainant paid total bill of Rs. 47,285/- to the O.P. for the period of 2012 to 2015. The Complainant stated in his petition that as per the Office order no.6 dt.06.02.2013 the O.P. is entitled to claim total bill of Rs. 59,904.72 for the above mentioned period, but on 01.07.16 the O.P. issued a bill claiming a huge amount of Rs. 1,45,230.46 as outstanding . As per the Complainant on several request the O.P. did not regenerate the absurd bill for the month of March 2016 and April 2016 and also not made afresh outstanding as per the Office order no.6 dt. 06.02.13 rather disconnected the electric connection of his submersible pump on 15.07.16.
In this regard Ld. Lawyer for the O.P. did not explain about the Office order no,6. Dt .06.02.13 issued by the Chief Engineer WBSEDCL. He only stated that the concerned office of the O.P. did not supply the necessary documents to him and for that reason he is unable to explain. So, the O.P. fails to defence the allegation raised by the Complainant and we find prima facie of the Complainant case.
Considering the balance of convenience and in convenience it also appears that Complainant should be given interim relief as prayed for subject to payment of Rs. 40,000/- only as a part of outstanding at this stage.
It seems to us that whether there is any outstanding dues or not or what should be the exact amount of outstanding dues if there be any at all will be adjudicated at the time of final hearing of this case and as such at this stage considering the materials on record, the Complainant is hereby directed to deposit Rs 40,000/- (Forty thousand) to
the O.P. as a part of outstanding due within seven (7) days from the date of this order and the O.P. is hereby directed to restore the electric line in the submersible pump in question of the Complainant by installing a new three phase TOD meter in place of defective meter within seven days from the date of receiving the amount from the Complainant and not to disconnect the same till the disposal of the case and issue regular bill as per the consumption of the Complainant.
Thus this Misc case no. 11/2018 be and same is hereby disposed of.
To 09-04-2018 for filing W.V. by the O.P. and for further order.
A Copy of this order along with the petition filed by the Complainant on 08-02-2018 be send to the O.P. immediately.
