DEBASIS BHATTACHARYA, PRESIDING MEMBER
Date: 31.5.2016
Being aggrieved and dissatisfied with the order dated 02.7.2014 passed by the Ld. District Consumer Disputes Redressal Forum, South 24 Parganas (in short, District Forum), in CC No. 101/2012, the Complainant thereof has preferred this appeal. By the impugned order, the complaint case has been dismissed on contest without cost.
The case of the complainant is that he is the owner of a Husking Machine where electric connection of the OPs has been taken, being Consumer No. 1140064, for the last 18 years. Previously, the electric meter was a chakka meter and subsequently it has been changed to a computer meter since 9 years back. He has been paying charges for the electric consumption of Rs.3000/- to Rs. 6,000/- plus, per month, as against bills issued regularly by the OP No. 1. On 24.4.2012, he received a bill for the consumption period of February, 2012 and March, 2012, of an amount of Rs.1,30,316/- for 17, 479 Units, which is absurd based on a faulty meter and without any basis. On 10.4.2012, he went to the OP No. 2 to lodge a complaint against the exorbitant and excessive bills, but without any fruitful result. In spite of repeated demand and request, the OPs failed and neglected to replace the faulty meter, on the basis of which the bill has been raised which is imaginary, vague, vexatious and without any basis, and so the OPs are deficient in services. He being a businessman by profession has suffered loss and damages. Accordingly, the case.
The case of the OPs is that they made an inspection on 30.3.2012 and meter reading was found to be 81883.8 and downloading the meter reading into the laptop and the metering circuit is found in order. Afterwards, as per meter reading taken on 14.4.2012, the bill for the month of 04/2012 (actual reading consumption period 2/2012 to 3/2012) raised to 17,479 with tariff benefit by 02 months, treating present reading as 83135 and previous reading as 65656 up to which the bill raised in the month 02/2012 and the amount payable is Rs.1,30,316/- only as per monthly consumption and reading. Accordingly, there was no excess billing and the bill was prepared as per his actual consumption and meter reading.
There was/is no laches, negligence or deficiency in service. So, the case be dismissed with cost, with direction to the Complainant to pay the outstanding bill of Rs.1,30,316/-.
It is to be considered if the impugned order suffers from any incongruity so as to make any interference in this appeal.
Decision with reasons
Ld. Advocate for the Appellant has submitted that the Ld. District Forum has wrongly dismiss the case treating the Complainant’s user as for commercial purpose.
Ld. Advocate for the Respondent, however, has submitted that there is a huge outstanding of Rs. 1,30,316/- drawn on the basis of his actual consumption. Actually, the Appellant has no case at all and the OPs have rendered suitable and proper service in the matter and the meter has been found to be faultless. The complaint case has only been made to harass the OPs.
There has been inspection of the meter by the OPs in the matter and it has been fully and totally found that the meter is not at all defective. In reply to the question no. 08 put by the OPs that his meter was thoroughly checked with laptop computer on 02.7.2012 and it was found OK by the OPs in his presence, the Complainant did not deny his presence at the time of such checking. On an overall view of the case, it is found that the Appellant/Complainant has no proper case at all. Further, he is the owner of a Husking Machine and businessman by profession, as maintained by him in his petition of complaint. So, there is least merit in the present appeal. Accordingly, the appeal is dismissed. The impugned order is affirmed.