This case has arisen out of application U/s 35 of the Consumer Protection Act, 2019.
The fact of the case is that he is an old farmer, he got 02 electricity connection from O.P.No:1, one in the year 2012 & another in the year 2016 vide Consumer ID 432173085 & 401563994 respectively.
In the year 2015 meter of Consumer ID 432173085 became defective, he informed the matter to O.P.No:1, one Majhi Babu visited said defective meter and disconnect electricity connection but he neither replace defective meter nor repaired the same. Thereafter, O.P started to send imaginary bills to the complainant which was not possible for him to deposit.
That in the year 2017 another meter of Consumer ID 401563994 also became defective, he informed the matter to O.Ps several times in written, but O.Ps also started sending imaginary bills.
That earlier he supplied water over 60 to 70 bighas of land through his submersible pump but since some year his water supply decreases, presently he is supplying water over 12 to 15 bighas land only.
That he informed O.Ps about 02 meters on 06.03.2014, 27.09.2016, 19.02.2018, 20.03.2020 & 20.01.2021 but O.Ps neither replaced the meters nor taken any action, on the other hand they are sending maximum bills against 02 meters for March, 2021 to April, 2021 for Consumer ID 432173085 of Rs.53,840/- & for Consumer ID 401563994 of Rs.37,525/- and thereafter they are sending more bills also, which is not possible for the complainant to deposit. O.Ps threatened the complainant that they will disconnect complainant’s electricity connection, several times they disconnected his electricity connection against the demand of imaginary bills, they compelled the complainant to deposit huge amount. If the O.Ps disconnected then a huge portion of land will be uncultivated due to water deficiency. He thus prays for an order of replacement of defective meters, sending of correct bills, Rs.80,000/- for harassment, mental pain & agony and litigation cost of Rs.20,000/-.
O.Ps contested the case by filing W.V denying the case of the complainant stating that the complainant is STW consumer under O.P.No:1, who applied for STW connection in the year 2010 & upon his application O.P installed STW connection on 21.02.2010 and allotted a Consumer ID No:432173085 & issued a meter being No:YX0219460. He applied for another STW connection in the year 2017 & upon his application O.P.No:1 installed another STW connection on 20.02.2017 & allotted Consumer ID No:401563994 & issued a meter being No:SX008199.
O.Ps admitted that the complainant is enjoying the electricity by 02 separate STW connection for cultivation of field. O.Ps case is that he is habitual defaulter consumer always paid outstanding dues after disconnection of his line. He try to avoid payment cleverly. Sometimes lodged objection before Grievance Cell, sometimes before this Commission to Hon’ble Governor of W.B.
That the meter became defective from the month of April, 2020 but the outstanding dues lying before the meter defective period and the OSD of Rs.71,713/- of the 1st meter & Rs.63,071/- of the 2nd meter are lying outstanding. The O.Ps concern several times told & informed that the bills have been raised as per meter reading as this period meter was/is OK. At present no abnormality found in his bills, therefore, without payment of OSD, meter replacement not to be considered. It is his one of the way to avoid the payment of the bills. There is no deficiency in service & negligent act on the part of O.Ps & O.Ps pray for dismissal of the case.
Points for Consideration
- Whether there was negligence or deficiency of service or negligent act on the part of the O.Ps, which gives rise cause of action to file the complaint and the complainant is entitled to get relief (s) as prayed for?
D e c i s i o n W i t h R e a s o n s
Admittedly, the complainant is an old farmer, STW consumer under O.P.No:1 i.e Itahar CCC of W.B.S.E.D.C.L & he applied for 02 STW connection and on the basis of his application O.P installed 2 STW connection(s) and allotted consumer ID No:432173085 & issued a meter being No:YX0219460 and another Consumer ID No:401563994 & issued another meter being No:SX008199.
According to complainant he got those electric connection from O.P.No:1, one in the year 2012 and another in the year 2016, denied by O.Ps stating that those connections were installed on 21.02.2010 and 20.02.2017 respectively.
In cross-examination the complainant stated that he had cultivated his own 05 bighas land against consumer ID No:401563994 & also cultivated his own 10 bighas land + 05 bighas land of other person i.e 15 bighas against Consumer ID No:432173085 by water supply through submersible pump(s). He stated further that both the meters were installed in pakka rooms but subsequently meter room of Consumer ID No:432173085 was damaged on fall of post with transformer on pakka room & now said meter is in open place.
Complainant’s case is that in the year 2015 his meter of Consumer ID No:432173085 became defective, he informed the matter to O.P.No:1, one Majhi Babu visited said defective meter and opened electric wire but he neither replace defective meter nor repaired the same.
His further case is that in the year 2017 another meter of Consumer ID 401563994 also became defective, he informed the matter to O.Ps several times in written, but it was also not replaced.
To prove the same the complainant submits xerox copy of letter 06.03.2014, 27.09.2016, 19.02.2018, 02.03.2020 & 20.01.2021 wherein he alleges defect in meter(s). The complainant did not disclose particular date or month of the year 2015 and/or 2017 when the meter(s) found defective. He cleverly did not plead or prove by oral and documentary evidence the period of payment of electric bill(s) for those meter(s) beyond challenge, in other words, date or month and/or year of undisputed reading & bill(s), he has received or paid. No electric bill or payment receipt for the year 2015 & 2017 has/have been produced and brought in evidence. He has failed to prove payment of charges of electricity as per bill for the undisputed period, only he produced xerox copy of 02 electricity bill(s) for Bill month April, 2021 but receipt of payment of those bills are not produced.
The case of O.Ps is that the meter(s) become defective from the month of April, 2020 but the outstanding dues lying before the meter defective period as the complainant is a habitual defaulter consumer always paid outstanding dues after dis-connection of his line. In support of period of defect in meter(s) O.Ps submit document & payment schedule, thus O.Ps initial burden prima facie stands & shifted to the complainant to prove that he has paid bill amounts regularly until month of March, 2020 which he has failed to do.
The bills for the month of April, 2021 of those meters produced by complainant show outstanding amount Rs.53,840/- & Rs.37,525/- respectively, but bills up to the month of March, 2020 have not been produced, rather OSD of Rs.71,713/- & Rs.63,071/- against those meters lying outstanding as per statement and document of the O.Ps, which the complainant is liable to pay/deposit. At the same time liability casts upon the O.Ps to replace the meter(s) immediate after reporting that meter(s) become defective i.e earliest in the month of April, 2020 but O.Ps are failed to discharge said duty & non-payment of OSD cannot be considered as a good ground to deny replacement of defective meter, because without such replacement the cultivation work of complainant and his neighbors would be hampered, cannot be encouraged.
The complainant appears to have move to Grievance Cell & Government of West Bengal but to settle billing dispute he has not taken proper recourse under provision of Clause 3.5 of Notification No:55/W.B.E.R.C dated 7th August, 2013 the complainant has to ventilate his grievances before the Regional Grievances Redressal Officer of Central Grievances Redressal Officer or to an Ombudsman, as the case may be.
Under above facts and discussion, we find that there was deficiency in service & negligence on the part of O.Ps for non-replacement of defective meter(s) in the month of April, 2020 or at the earliest opportunity after information, but there exists no deficiency in service and negligence on their part with regard to billing.
In the result the case succeeds.
Hence, it is
O R D E R E D
that the C.C-25/2021 be and the same is allowed in part on contest against the O.Ps but without any cost.
We do direct the O.Ps to replace the Meter No:XY0219460 vide Consumer ID No:432173085 & Meter No:SX008199 vide Consumer ID No:401563994 by correct & effective meter within 15 days from this day, considering the urgency as discussed above.
We do further direct the O.Ps to raise outstanding bill(s) against those meter(s) up to the month of March, 2020 & send the same immediately to the complainant for payment.
We also do direct the O.Ps to raise fresh bill for the period from April, 2020 till date basis average reading & send the same to the complainant for payment.
We do direct the complainant to pay/deposit the same preferably within due date thereof or within such other date as may be allowed/granted by the O.Ps with compassionate view, upon his representation.
Both the parties to comply the directions as above, in default, he or they may take appropriate action as per law.
Let a copy of this order be given to the parties free of cost.
