Ld. Advocate(s)

                   For Complainant: Safikul Alam

                   For OP/OPs : Dilip Kumar Saha

Date of filing of the case     :06.08.2019

Date of Disposal  of the case :20.04.2023

(2)

Final Order / Judgment dtd.20.04.2023

Complainant above name filed the present complaint u/s 12 Consumer Protection Act 1986 against the aforesaid OP and prayed for an order directing the OPs not to make bill amounting to Rs. 89,936/- for the month of March 2019 to may 2019 and in the month of June 2019 to August 2019 amounting to Rs. 59,957/- and also prayed for inspection of meter by electrical inspector   and other     relief.

 He alleged that he has a service connection which generally used for 2 or 3 month in every year. He paid the electric bill in the following manners.

 He paid electric bill up to Feb 2019. Thereafter, OP demanded Rs. 89,934/- for the month of March 2019 to April 2019 and said bill is fully illegal and absolutely false.

 Before preparation of said bill OP did not see meter card. Subsequently, he issued another bill for  the month of June 2019 to August 2019 @ Rs. 3,256/-, Rs.2,584/- and Rs. 2,584/-  which is illegal and baseless. Petitioner raised complainant before the W.B.S.E.D.C.L, Nadia Division on 28.06.2029 but did not get any fruitful results. OPs demanded Rs. 89,936.19/- from the complainant which is baseless.

 On perusal of the record, we find that OP no. 1 and 2 appeared in this case and contesting by filing W/V and denied the entire allegation mentioned in the petition of complaint. They stated that they did not claim any baseless amount. The bill amounting to Rs. 89,936/- is actual bill in the month of March, 2019 – May 2019. They prayed for dismissal of the case.

Trial

During trial complainant filed affidavit-in-chief.

 OP no. 1 and 2 filed questionnaire and complainant filed answer.

 OPs did not file any affidavit-in-chief.

Documents

Complainant filed following documents.

1. Original copy of  Meter Reading Card
2. Original money receipt of West Bengal State  Electricity Distribution Company Limited ( 17  original money receipts)
3.  One letter issued by complainant to the station Manager W.B.S.E.D.C.L dtd. 18.04.2019.
4.  Original copy of W.B.S.E.D.C.L Temporary connection quotation (Puja).
5.   One letter addressed to the D.G,  W.B.S.E.D.C.L by Majibar Rahaman Khan dtd. 28.06.2019.
6. One letter addressed to D.E,  W.B.S.E.D.C.L Nakashipara, Nadia  by Majibar Rahaman Khan dtd. 16.04.2019
7. One original copy of  bill issued by Muragachha Dharmada Customer Care Centre  amounting to Rs. 619.38 for the month of Dec 2018 to Feb 2019.
8. Original copy of bill issued by Muragachha Dharmada Customer Care Centre amounting to Rs. 89,936.19/-.

Brief Notes of argument.

          Complainant in support of his case filed Brief Notes of Argument dtd. 14.03.2023. OP no. 1 and 2  not yet filed any Brief  Notes of  Argument.

Decision with Reasons

It is the allegation of the complainant of OP no. 1 and 2 demanded Rs. 29,978/-, Rs. 29,979/- and Rs. 29,979/-  as consumption bill in the month of March 2019 to May 2019.

 Complainant produced copy of said bill that marked as annexure 18. On perusal of the said documents we find that said bill was claimed as bill in the month of March 2019 , April 2019 and May 2019. In the said bill previous meter reading has mentioned as 465 units as on 25.12.2018 and present reading has mentioned as 9097 as on 22.02.2019. As per said reading units consumption has mentioned as 8632 units.

 OP no. 1 and 2 prepared the bill for consumption of 8632 units and total bill was claimed as Rs. 89,936.19/-.

 Ld. Adv. for the complainant argued at the time of hearing that complainant used to pay monthly.  Bill month by month  but   on previous occasion OP no. 1 and 2 never claimed any bill near about Rs.30,000/- in  a month. So it will be clear from the previous bills that complainant never consume any such electric for which electric bill may be prepared for Rs. 30,000/- in a month.

 From the previous bills it will be clear that the complainant paid bill within the range of Rs. 205/- to 750/- .

 Complainant produced the money receipt in respect of payment of monthly electric bill for the previous period.

 We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP no. 1 and 2 and documents on record.

 We have carefully gone through affidavit-in-chief of the complainant and BNA filed by the complainant.

 On  perusal of the monthly electric bill in the month of December 2018, January 2019, and February 2019, we found that previous reading  as noted as 400 units as on 09.09.2018 present reading as noted as 465 units as on  15.12.2018 so it is clear before us that during period from 09.09.2018 to 15.12.2018 complainant  consume 65 units and Rs. 619.38/- was claimed from the complainant for the consumption of 65 units. We also found from the documents on record that complainant paid Rs. 2,256/- for monthly bill for the month of July 2017 to September 2017.

 He paid Rs. 453/- for the period from July 2016 to
September 2016. He also paid  Rs. 595/- for the period from December 2017to February 2018. He also paid Rs. 600/- for period from June 2018 to August 2018. He also paid Rs. 420/- for period  from Semptember 2018 to November  2018  he also paid Rs. 405/- for the period form December 2016 to January 2017.

 He also paid Rs. 423/- for the period from March 2018 to May 2018.

OP no. 1 and 2 failed to give any satisfactory explanation as to how complainant consumed 9632 units for the period from 15.12.2018 to 22.02.2019 where on previous months complainant consumed 30 to 50 units in a month.

 In the present case OP no. 1 and 2 did not file any  affidavit-in-chief  in support of their contention.

From the description of the petition of complaint it is clear before us that the complainant is a consumer and OP no. 1 and 2  are the service provider as per the definition as mentioned in Consumer Protection Act 2019.

 Having regard to the aforesaid discussion it is clear before us that complainant has able to establish his grievance and he is entitled to relief.

In the result present case succeeds.

Hence,

It is

                                                Ordered

that the present case be and the same is allowed on contest against OP no.1 and 2 with cost of Rs. 3,000/- to be paid by the OP n o. 1 and 2 in favour  of the complainant.

 OP no. 1 and 2 are not entitled to claim any amount from the complainant as consumption bill  for the month of March 2019 to May 2019 as per Consumption for the  period from 15.12.2018 to 22.02.2019 amounting to Rs. 89,936/- but liberty is given to OP no. 1 and 2   to raise the bill for the aforesaid period from the complainant  in comparison of his  previous consumption and to issue fresh bill for the said period and complainant  has to pay the same within one month from the date  of receipt of the said bill.

Let a copy of this order be supplied to the both parties as free of cost.

Dictated & corrected by me

              ............................................

                     PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                       .................................................

                                                                                                                  PRESIDENT

                                                                                     (Shri   DAMAN PROSAD BISWAS,)       

            I  concur,

             ........................................                                                

                       MEMBER                                                                  

 (NIROD  BARAN   ROY  CHOWDHURY)