DATE OF FILING : 01-04-2013. DATE OF S/R : 30-05-2013. DATE OF FINAL ORDER : 30-07-2013. Muniruddin Molla, son of late Saiful Islam Molia, Kolai Bazar, Nabagram ( Sikipur ), Shyampur, District - Howrah, PIN – 711315.------------------------------------------------------------------ COMPLAINANT. - Versus - 1. Station Manager, Gurchumuck, C.C.C., Ulughata, 58 Gate, Howrah, PIN – 711315. 2. The Divisional Engineer, Uluberia (D) Division, Banitabla, Howrah. 3. Chief Engineer ( Complaint.), JD Block, Sector V, Bidyut Bhaban, Saltlake, Kolkata – 91..------------------------------------------------------OPPOSITE PARTIES. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainant U/S 12 of the C.P. Act, 1986, as amended against the O.P. nos. 1 & 2 alleging deficiency in service U/S 2(1)(g), 2(1)(o) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction upon the O.Ps. i.e., WBSEDCL Authority for deleting the arrear energy charge of Rs. 23,292.79 for the year 2012-13 sent to the complainant including other relief/s as compensation and litigation costs. 2. The brief facts of the case is that the complainant is a bonafied consumer being S.C. No. AGM/1/42541/Consumer I.D. No. 133115754 of connected load 15 H.P. used to pay the energy bill as consumed by the complainant regularly without any default. But on surprisingly he noticed that O.Ps. recorded /claiming arrear energy charge of Rs. 23,292.79 for the period 2012-13 which he ( the complainant ) declined to pay the same in spite of the facts that he paid all the bills time to time. The complainant requested the O.P. to delete the same but O.P. refused to act. Finding no other alternative complainant filed the instant case alleging deficiency in service U/S 21)(g) & 2(1)(o) of the C.P. Act, 1986 as he suffered harassment, mental agony. The complainant prayed for relief and compensation before the Forum in connection with the complaint petition. 3. The O.Ps. i.e., WBSEDCL Authority contesting the case contending interalia that the case is not maintainable in law as in facts. The allegations as made in the petition baseless with an intention to harass the O.P. The O.P. admitted the facts the arrear energy bill was claimed as per the order of the WBERC vide Order dated 01-12-2012 as per Clause no. 7.2.18 of the said Order and the arrear was calculated for the period 2011-2012 and that to for the period 2012-2013 as per Clause no. 8.2.19 against Industrial Rural Category. Moreover, in this particular issue the O.P. no. 1 has no involvement and is entirely dependent upon the Regulatory Commission, and as per direction of WBERC the O.P. no. 1 raised the bill under which this complainant is liable to pay the bill and subsequently the case may be dismissed with exemplary cost. 4. Upon pleadings of both parties two points arose for determination : i) Is there any deficiency in service on the part of the O.P. nos. 1, 2 & 3 i.e., WBSEDCL Authority ? ii) Whether the complainant is entitled to get any relief as prayed for ? DECISION WITH REASONS : 4. Both the points are taken up together for consideration. Perused the enclosure issued by the O.P. no. 1 i.e., WBSEDCL Authority. On proper scanning of the argument as advanced by the agents of both parties and also reviewing the materials documents filed by the parties, the brief of the complaint, and also written version we have searched out some of the points as per complaint which are to be decided in this case to arrive at just conclusion. 5. No doubt it is admitted fact that the complainant is a bonafide consumer category B (I-R) having connected load of 15 H.P. for running husking mill used to pay his energy bill time to time without any default, But subsequently noticed in the energy bill so sent by the O.P. no. 1 that an arrear energy charges of Rs. 23,292.79 claimed by the O.P. no. 1 which as a consumer made some confusion regarding arrear dues in spite of the facts he paid the energy bill in a regular manner. The matter in this regard was conveyed by the complainant to the O.P. no. 1 who subsequently informed vide his letter dated 06-03-2013 reason for claiming arrear charges. 6. We have gone through the written version of the O.Ps. followed by the notification of WBSERC Regulation where the tariff order of WBSEDCL for the year 2011-12, 2012-13 against chapter 7 & 8 have been clearly elaborated which runs under Clause no. 7.2.18 as follows : “For 2011-12 the consumer shall have to pay the difference of the two i.e. (a) tariff has declared under the order 2011-12 and (b ) what actually paid for the concerned period as tariff and the MVCA, if any for the concerned month, and the adjustment if any during energy received shall be made in 48 equal monthly energy bills raised on or after 01-01-2013. Moreover as per WBSERC 7.2.8 for 20911-12 and 8.2.19 for 2012-13 for industrial rural category – B( i )( r ) where it is crystal clear that O.P. no. 1 has no role over the claim of arrear energy charges because of the fact that the same is controlled by the said commission as enforced time to time through public notification for which we could not find any negligence and latches on the part of the O.P. no. 1 viz. service deficiency.” Accordingly the case is disposed of to that extent. The points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 99 of 2013 ( HDF 99 of 2013 ) be dismissed on contest without costs against the O.Ps. The O.P. no. 1, Station Manager, WBSEDCL Authority ,be directed to sent the details arrear charges bill on yearwise break up to the consumer / complainant within 15 days from the date of this order in order to enable the complainant to be prepared for the payment with least hindrance. No cost in the form compensation and litigation are awarded. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( P. K. Chatterjee ) ( P. K. Chatterjee ) Member, Member, C.D.R.F.,Howrah. C.D.R.F.,Howrah. ( JhumkiSaha ) Member, C.D.R.F.,Howrah. | 
