C.F. CASE No. : CC/2013/100
COMPLAINANT : Sadar Ali Gharami,
S/o Late Baitulla Gharami,
Vill. Pritamberpur, P.O. Dompukur,
P.S. Chapra, Dist. Nadia
OPPOSITE PARTY/OP : Station Manager,
Chapra Group Electric Supply,
Vill – Chapra, P.O. Bangaljee,
P.S. Chapra, Dist. Nadia
PIN - 741123
PRESENT : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT
: SMT REETA ROYCHAUDHURY MALAKAR, MEMBER
: SHRI SHYAMAL KUMAR GHOSH, MEMBER
DATE OF DELIVERY
OF JUDGMENT : 5th August, 2014
: J U D G M E N T :
This is the case under Section 12 of the Consumer Protection Act against Station Manager, Chapra Group Electric Supply, Vill. & P.S. Chapra Dist. Nadia.
The facts of the case to put in a nutshell, are as below:-
The complainant, Sadar Ali Gharami, a consumer of Chapra Group Electric Supply being No. HO72072 has stated that he is a permanent resident at Pritamberpur and his meter is defective but bills have been sent in spite of defective meter. Hence he is not entitled to get any unrealistic bills.
He has mentioned about the units as per annexure – 9 to 25. The complainant has stated that he is not liable to pay average bills sent to him although he is regularly using electricity at his premises. He has prayed for continuous connection at his premises. He has further prayed for declaration that the bills for the month of September and October 2013 should be declared void. A new meter has been prayed. A direction to appoint an inspector has also been prayed. He has further prayed for compensation of Rs.30,000/- and cost of the suit.
OP, Station Manager, Chapra Group Electric Supply, W.B.S.E.D.C.L. has contested the case by filing written version on 21.01.14 challenging the contentions of the complainant. The sum and substance of the written statements are as under:-
The case is barred by law and not maintainable.
The case is bad for mis-joinder and non-joinder of parties.
The bill dispute should be sent to West Bengal State Electricity Commission and the Consumer Forum has no power to deal with. As the arrear bills are pending and in spite of paying the bills by the complainant showing that he had come to the Forum with clean hands. Right to replace a new meter regarding the defective meter has been admitted. The prayers of the complainant has been denied.
From the pleadings of the parties the following points are framed for decision.
POINTS FOR DECESION
- Point No. 1: Is the complainant a consumer?
- Point No. 2: Is there any deficiency in service on the part of the OPs?
- Point No. 3 Can this Forum address the problem of bill dispute?
- Point No. 3: Is the complainant entitled to get any relief as prayed for?
REASOND DECISIONS
For the purpose of brevity and convenience all the points are taken up together for discussion.
We have meticulously gone through the pleadings, the annexed documents and the written arguments filed by the parties along with the affidavit evidence on record. We are appreciated the annexures and the replies they approved given by the parties including the annexures of PW-1 on behalf of OP supported with an evidence filed on 07.03.14. This affidavit was affirmed by Anupam Dutta, AE & SM, Chapra Group Electric Supply, W.B.S.E.D.C.L. Bangaljhee, Nadia.
The facts and the circumstances of the case we are convinced that the petitioner is a consumer under the OP. Hence, he is entitled to get a new meter and that order has been given by this Forum vide order No. 19, dtd. 21.07.14. The Station Manager undertook to provide a new meter to the complainant at the earliest. Thus, most of the dispute has been solved by providing a new meter. Now the question is whether this Forum can entertain bill dispute. We have meticulously gone through regulation 3.5.1 to 3.5.5. of West Bengal Electricity Regulatory Commission ( Electricity Supply Code) Regulation, 2004 Notification No. 13 / WBERC dtd. 05.02.14. The Regulation has affected of law. Now let us go through there was case laws filed by Ld. Advocate Safikul Alam. In I (2007) CPJ 378 it has been held by the West Bengal State Consumer Disputes Redressal Commission that this Forum has no authority to assess the amount of units in the bills.
The same form has been taken by on-roll members (Mr. P.K. Chattopadhaya and S. Coari) IV (2010) CPJ 49 that for redressal of billing dispute the proper Forum is West Bengal Electricity Regulation Commission and the proper law has been provided a regulation 3.5 of West Bengal Electricity Regulatory Commission (Electricity Supply Code, 2004).
However, in II (2008) CPJ 337 NC goes to show that State Commission may revise the bill in the District Forum. The complainant is at liberty to move the West Bengal State Electricity Commission for billing dispute at the earliest as no payment is made by the complainant since long and the outstanding arrear has come to 4017/- up to July, 2014. If the complainant does not take the receipt to Electricity Regulatory Commission he will be duty bound to pay the outstanding amount of Rs. 4017/- and additional sum for the bills as would be generated electronically.
With the above observation all the points are disposed above accordingly.
Hence,
Ordered,
That, the case CC/2013/100 be and the same is allowed on contest in part. There shall be no compensation and cost having regard to the facts and circumstances of the case. The OP shall provide the new electric meter to the Forum in order to show the complainant on order No. 19, dtd. 21.07.14 for installation of the new meter in the name of the complainant.
As the complainant is not paying the electric bills since long, he is directed to pay the bills in accordance with law and regulation.
Let a copy of this judgment be delivered to the parties free of cost.
