West Bengal

Paschim Midnapore

CC/145/2012

Sk. Najuriddin - Complainant(s)

Versus

Station Manager, Balichak, WBSED Co. Ltd - Opp.Party(s)

06 Mar 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 Complaint case No.145/2012                                                         Date of disposal: 06/03/2013                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. I. M. Banerjee. Advocate.

    For the Defendant/O.P.S.                           : Mr. D.P. Mahapatra.Advocate.          

                 

                 Sk. Najuriddin, S/o- late. Fajir Mahhamda of Vill & P.O.-Duan, P.S.-Debra, Dist-

                 Paschim Medinipur …………………………………………Complainant.

                                                              Vs.

     Station Manager, Balichak, WBSED Co. Ltd., Balichak Group Electric Supply Office,

     P.O.-Balichak, Dist-Paschim Medinipur……………………………Op.

                 The complainant in this case alleged that he took electric connection from the Op. for running mini deep tube well. Initially the complainant was given three phase meter connection and the charge was being claimed by the Op. after multiplying 3 with the highest reading out of the three meters. On 24./11/11 the complainant submitted complaint to the Op. regarding the defective meters but the Op. did not pay any heed and submitted bills for February, March and April,2011 for Rs.7,145/-, Rs.13,538/- and Rs.22,093/- respectively. On receipt of the bills the complainant met the Op. when the Op. admitted that the mistake in bills has occurred due to installation of 3-phase meter. However the complainant paid the entire amount as raised in the bills for February, March and April, 2012 on the assurance of the Op. that the amount will be adjusted towards future bills. Subsequently the defective 3-phase meters have been changed and the complainant duly paid the bills the as raised by the Op. for the months from May, June and July, 2012. Now the complainant prayed for return of the excess amount which the complainant paid for the months, February to April, 201.

The Op. contested the case by filing a written objection admitting the fact that the complainant is a consumer under him.

The specific contention of the complaint was that the service connection to the complainant was effected   on 07/02/2012 by 3(three) numbers single phase meter and the bill was claimed as per reading of the meters. The complainant lodged complaint alleging defect in the meters and the complaint was referred to the Divisional Manage, Kharagpur for proper redress. There after the complainant was asked for Divisional Manager, Kharagpur to attend on 03/8/2012. On that date the complainant attended and he was heard by the Divisional Manager and after such

Contd…………..P/2

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hearing and considering the meter cards and other aspects the complaint was disposed of and the

complainant was fully satisfied and paid the bills for the months from February, 2012 to April, 2012. Thereafter the meter was changed and the complainant has been paying the bills. The Ops. specifically contended that there was nothing wrong in the process of billing for the months, February, 2012 to April, 2012 and the complainant also paid the bills after being satisfied when he met the Divisional Engineer. So the Op. prayed for dismissal of the case.

It is now for our consideration as to whither the complainant is entitled to get refund of the alleged excess payment.  

Decisions with reasons

                 Admittedly, the complainant is a consumer under the Op. and three nos. of meters were installed for the service connection of the complainant.  According to the complaint, the bills for the months, February, 2012 to April, 2012 were very excessive and he prayed for refund of the excess amount.

                It is specific case of the Op. that the complainant’s grievance for excess bill was referred to the Divisional Engineer and after meeting with the said Authority the complainant duly paid the bill. Even bills for subsequent three months were also paid by the complainant. Thereafter the complainant moved this Forum. Since the complainant has already paid the bills for the disputed period and also for the subsequent quarter, now he can not turn around and raise dispute about the bills. It is important to note that the bill for the disputed period was paid after meeting with the Divisional Engineer, Kharagpur. Therefore it can he presumed that the complainant was satisfied and paid the bills. Otherwise, he would not have paid the bills and moved this Forum. Therefore the complainant is now estopped from raising dispute about the bills which he was already paid. Even if we assure that the bills were defective, in that case in order to ascertain the alleged excess payment made by the complainant, there should be some specific amount in excess of which the complainant allegedly made payment. In this case the claim of the complainant appears to be vague because there is no mention of any such particular amount so as to determine the excess. Needless to say that we can not pass any order arbitrarily and without any basis.

                  Therefore we are of the view that the claim of the complainant is not at all sustainable order.

                         Hence, it is,

                                             Ordered,

                                                            that the case be dismissed on contest but without any order as to cost.                    

Dic. & Corrected by me

              

         President                                Member              Member                                  President

                                                                                                                               District Forum

                                                                                                                            Paschim Medinipur.