IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/55/2015.
Date of Filing: 13.05.2015. Date of Final Order: 28.02.2017.
Complainant: On the death of Bhudeb Bhusan Kundu his legal heir-son
Prathik Chandra Kundu, S/O Late Bhudeb Bhusan Kundu, Vill. Sarbangapur,
P.O. Lochanmati Dangapara, P.S. Hariharpara, Dist. Murshidabad.
-Vs-
Opposite Party: Station Manager, WBSEDCL,Baharan C.C.C. Vill.& P.O. Baharan,
P.S. Hariharpara, Dist. Murshidabad, Pin 742165.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for direction upon the OP for sending the correct bill dt. 5.4.15 for Rs.2, 07,363/- and not to disconnect the electric line of the complainant.
The complainant’s case, in brief, is that the complainant has STW connection. The OP stopped taking meter reading since February 2013 and continued to send average bills for equal units of 1305 for every month. The complainant paid average bill to avoid disconnection but on protest. On 5.4.15 the complainant received a bill for a sum of Rs.2, 07,363/- without showing any cause of such exorbitant amount. The complainants requested to waive the claim. The OP threatened the complainant for disconnection for not paying the amount up to 4.5.2015. Such claim is baseless and illegal and the same is deficiency in service. To prevent loss of standing crops produced by the complainant in case of disconnection the complaint has been compelled to file the instant complainant. Hence, the instant complaint case.
The written version filed by the OP, in brief, is that the consumer ID No. 312012665 stands in the name of Bhudeb Bhusan Kundu for using S.T.W. The meter is three phase one. The OP used to send electric bills to the petitioner without meter reading. The bill for the month of February’15 reflects that the present meter reading on 05.04.2015 are 43,072, 18,431 and 1785 units respectively in the normal, prime and off period. So, the bill was prepared for consumption of 31,420, 11671, and 430 units amounting total charge of Rs.2, 07,323.11 /- only. As per meter reading the bill was prepared and the bill is correct one. The meter is not defective and the meter shows the actual meter reading. There is no deficiency in service on the part of the OP and for that the complainant is liable to rejected. Hence, the instant written version.
Upon pleadings of both parties the following points have been arrayed for the disposal of the case.
Points for Decision
- Whether the complaint is maintainable in its present form and in law?
- Whether the complainant has any cause of action to file the case?
- Whether the complainant is a consumer under C. P. Act, 1986?
- Whether the complaint is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 6.
All the points are taken up together for the sake of convenience.
The instant complaint is for correction of the impugned electric bill dt. 5.04.15 for Rs. 2,07,363/- and not to disconnect the electric line.
The complainant’s case is that he has STW connection. The OP stopped taking meter reading since February, 2013 and continued to send average bills for equal units of 1305 for every month. The complainant paid average bill to avoid disconnection but on protest. On 5.4.15 the complainant received a bill for a sum of Rs.2, 07,363/- without showing any cause of such exorbitant amount. The complainants requested to waive the claim.
The case of the OP is that the consumer ID No. 312012665 stands in the name of Bhudeb Bhusan Kundu for using S.T.W. The meter is three phase one. The OP used to send electric bills to the petitioner without meter reading. The bill for the month of February’15 reflects that the present meter reading on 05.04.2015 are 43,072, 18,431 and 1785 units respectively in the normal, prime and off period. So, the bill was prepared for consumption of 31,420, 11671, and 430 units amounting total charge of Rs.2, 07,323.11 /-. The bill is correct one and was prepared as per meter reading.
To prove the case the complainant has adduced evidence on affidavit along with relevant documents including several original bills and receipts showing payment of the respective bills.
On the other hand the OP has also filed the relevant bills in original.
In this case the Ld. Lawyer for the complainant has advanced argument that the complainant had STW connection for STW pump set and according to reading the average monthly consumption of electricity will be 1305 units where the disputed bill is Rs.2,07,323/-.
He has advanced argument that OP-WBSEDCL stopped taking reading but sending imaginary huge amount bill.
He has further argued that as per law the OP Company cannot raise supplementary bills for more than six months.
But, the Ld. Lawyer for the complainant has ultimately advanced argument for getting average slab benefit for the period from 2/13 to 14.5.15 with the adjustment of payments already made for those periods and also prays for installments.
In this regard the Ld. Lawyer for the OP-WBSEDCL has raised strong objection and advanced argument that in the case of STW connection there is no scope of getting slab benefit and as there is no defect in the meter the complainant has no scope to get any relief from the OP in this case.
Considering the materials on record and also considering the argument advanced by both sides where admittedly the though the meter was not defective, the bills for huge amount was without reading, we are of view that the complainant is entitled to get slab benefit, if available adjusting the amount already paid by the complainant for the concerned bills with monthly installments of Rs.10,000/- per month for 20 months and the last installment to be paid for the balance amount of Rs.7323/- along with subsequent bills after filing this case , if not already paid.
Hence,
Ordered
that the Consumer Complaint No. 55/2015 be and the same is allowed on contest but in part.
The complainant is directed to pay Rs. 2, 07,323/- @Rs.10, 000/- per month for 20 months within the fortnight of each month and Rs.7, 323 for the last 21st installment along with subsequent bills after filing this case, if not already paid.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
