In the District Consumer Disputes Redressal Forum, Murshidabad

Berhampore, Murshidabad.

                                                     Case No. C.C/35 /2015

Date of filing: 04/03/2015                                                                         Date of Final Order: 23/09/2015

Pranabananda Brahmachary.

S/O- Late Abani Brahmachary

Residing at Vill.- Dogachi, P.O.- Monigram.

P.S.- Sagardighi.

Dist- Murshidabad, PIN-742237          ……………………………...   Complainant                                                  

                                                          - Vs-

Station  Manager,

Sagardighi Customer Care Centre,W.B.S.E.D.C.L,

P.O.-Sagardighi,Dist.- Murshidabad.

 PIN-742226.                                       …………….…………………. 

 Opposite Party

Mr. Pranabananda Brahmachary ………………………….……… In person

            Mr.Siddhartha Sankar Dhar Ld. Advocate…………………………………….for the Opposite Party.

                      Present:    Hon’ble President, Anupam Bhattacharyya. 

                                         Hon’ble Member,  Samaresh Kumar Mitra.

                                         Hon’ble Member,  Pranati Ali.           

FINAL ORDER

Samaresh KumarMitra,Member.  

               By filing this complaint u/s 12 of the C. P. Act 1986, the complainant Pranabananda Brahmachary, prays for an order directing the OP to reconnect the electric meter of the complainant immediately and further to pay compensation for harassment and mental agony.

                The case of the complainant, in brief, is that he is a consumer under the OP having agriculture connection being Consumer I.D. No. 313386325. He is consuming power for the functioning of Mini Dip Tubewell since 07.09.2012 and paying electric bills regularly before the OP. He stated that the OP did not send any bill for the period July to November,2014. When I enquired the bill in the month of August,2014 then person of OP came to take meter reading in the month of September,2014 and send an electric bill of Rs.106781/-. And on the due date of payment of bill on 19.12.2014 the OP disconnected the power connection of the complainant. He further averred that if the OP prepared bills regularly in accordance with the actual reading of meter then he should not face such problem. For want of power he could not cultivate the Boro Crop in land measuring 20 Bighas as a result he suffered loss amounting to Rs.200000/-. Further he stated that for the construction of Sagardihi Thermal Power Project his land was acquired and he was entitled to sit for the primary examination of Murshidabad District as an exempted category and he passed in the written examination but did not qualify in the viva voce. He planted the dip tubewell to earn for the maintenance of the family but it could not possible due lack of electricity so he was unable to meet the electric bill that charged by the OP company. Thereafter he approached the OP to provide power connection for cultivating Boro crop this year but the OP did not pit no bid at the utterance of the complainant but advised to pay the bill. So getting no alternative this complainant filed the instant complaint for getting power connection in his deep tube well and also prayed for compensation for causing loss.  

          The sole OP appeared by its advocate and filed Written Version on 2.6.2015 and denied the allegation as leveled against him. He averred that the service connection No.STW/16308 stands in the name of the petitioner and he used to run a Mini Deep Tube well for commercial purpose. So the complainant is not a consumer according to C.P.Act, 1986. The answering OP averred that the meter reading as on 15.07.2014 was 7800 units. On 25.08.2014 as door was locked so the bill for estimated consumption of 883 units was send to the OP. On 28.10.2014 which was found that the meter reading are 32331 units so a bill for 24380 units was sent to the complainant. But the complainant did not pay the said amount. On 04.12.2014 the meter reading was found to be 32592 units which were also not paid by the petitioner. That the complainant was defaulter in payment of the dues, so the electric connection was disconnected. The outstanding amount as on 14.05.2014 is sum of Rs. 107048/- as the tariff of a STW consumer is flat rate tariff so no extra bill has been claim from the consumer, the bill for 20328 units be accumulated units. As there is no deficiency on the part of the answering OP so the application is liable to rejected.

             The complainant filed evidence on affidavit on 30.7.2015 and averred that he applied for having a submersible connection for the purpose of cultivation of his own land which is the prime source of his livelihood when indeed he has no source of income. Due to disconnection of electricity from his submersible pump the complainant caused immense loss. As he is poverty stricken, so the double attack emerging from the loss of cultivation and excessive and indiscriminate demand of electric charge at the same time has rendered the petitioner most helpless and left him in the deplorable condition. Getting no other alternative the complainant approached this Forum for anything other than to get an equitable and proper justice. According to the complainant the bone of contention starts from July, 2014. OP in his version stated that the meter reading was 7800 units as on 15.07.2014 and 32331 units as on 28.10.2014. In this short period cultivation does not need underground water as there was plenty of rain water and during that period there is no other crop rather than paddy sapling in the seed bed. So the claim of such huge amount is baseless, fictitious and unrealistic. He several times went to the OP for reconciliation of dispute. The OP disconnected electricity from his pump in the broad daylight before the villagers by breaking lock of the pump house without intimation. This OP without any information reconnected the connection of submersible pump of the complainant on 27.7.2015. In the following perspective the complainant prayed before this Forum to consider his matter sympathetically and arrange compensation.   

               The argument as advanced by the parties/agents heard in full.   

                From the discussion herein above, we find the following Issues/Points for consideration.

ISSUES/POINTS   FOR   CONSIDERATION

1. Whether the Complainant Pranabananda Brahmachary is a ‘Consumer’ of the Opposite Party?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

DECISION WITH REASONS

   In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.

(1).Whether the Complainant Pranabananda Brahmachary is a ‘Consumer’ of the opposite party?

     From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant herein is enjoying electricity supplied by the OP Company and it is admitted by the OP Company being the service provider.

     (2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

                Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.             

    (3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?

              The opposite party being the largest Electric Supply Company throughout the state having a  lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. programmes. So the role of OP Company for the development of the society is unquestionable.

                The O.P. herein is the Station Manager of an office of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The O.P. Company providing power in the rural areas in different projects for a long period.  That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffers from paying accumulated units at a higher rate. As a consequence the consumers suffer a lot and make their grievances for remedy.

     The case of the complainant is that he used to pay bills regularly in accordance with the bills sent by the OP. All on a sudden he received an inflated bill on 28.10.2014 amounting to Rs.105662/- meter reading shows 32331 units. And due to nonpayment of the bill the OP disconnected the service line of the submersible of the complainant. The complainant being a cultivator could not meet the huge bill at a time but requested the OP to solve the problem so that he can cultivate his land during the Boro Season. But the OP declined to mitigate the problem as cropped up for sending bills of accumulated units. Getting no alternative this complainant filed the instant case for getting reliefs as prayed for in the prayer portion of the complaint. OP by filing w/v denied the allegation as leveled against him but admitted that the disputed bill contains the accumulated units more than 20000 units. So the case of the complainant exists.

      It appears from the w/v of the OP that the meter reading was 7800 units as on 15.7.2014. On 25.8.2014 the estimated consumption was 883 units so the total unit is 8683. That, on 28.10.2014 the meter reading was 32331 units. So the consumption for the period 25.08.2014 to 28.10.2014 is 23648 units. This period is the end of monsoon season so the cultivation requires underground water less. If it was peak season of Boro crop then the then the requirement of underground water would be more in comparison with other season. If we go through the comparative study of power consumed by the complainant for the periods 11.7.2013 to 06.08.2013 is 560 units,  for 06.08.2013 to 9.9.2013 is 403 units, for 9.9.2013 to 10.10.2013 is 400 units, for 10.10.2013 to 15.11.213 is 402 units. So the average consumption was 450 units for the period from July to November,2013. The dispute cropped up for the alleging bill of 25.08.2014 to 28.10.2014 where the consumed units has shown as 23648 units in accordance with the w/v filed by the OP. The meter card shows the reading 29166 units on 12.9.2014, 32331 units as on 28.10.2014 and 32592 units as on 28.11.2014. In the w/v the Op admitted that 20328 units be accumulated units. In the evidence on affidavit the complainant assailed that during the pendency of the complaint case the OP without any intimation reconnected the power connection of the complainant on 27.07.2015. So the power connection of the complainant has been restored by the OP.

         After perusing the case record, electric bills and hearing the argument as advanced by the parties/ agents it appears that OP failed to prepare bills in relation to the meter reading i.e. actual consumption. It is difficult for a cultivator to meet the accumulated units more than 20,000 units in a bill. The accumulation occurred due to negligence on the part of OP. It is the utmost question that why a consumer suffer at the behest of negligence on the part of OP company.    

        Perusing the meter card and the bills received as well as paid by the consumer that since the date of issuing meter on 7.9.2012 the submersible connection of the complainant consumed 32592 units as on 28.11.2014 and it is a matter of record so reliance should be given. The payment receipts shows that the complainant paid a lot of bills whatever may be the amounts but as per bills received.

                So, we are in a considered opinion to cancel the unpaid bills with a direction to prepare a fresh bill by deducting the paid units from the total consumed units i.e.32592 as on 13.06.2015 and dividing the remaining units by 36 equal divisions and taking slab benefits and the total bill amount after adjusting the paid amounts are to be divided by 10 equal installments with a liberty to pay in each month by the complainant. The current bills are to be prepared in accordance with the reading as reflected in the meter card. The OP should take appropriate steps so that the consumer should not meet such a liability to pay bills of huge accumulated units.  

The inaction/negligence/ discrepancies of the O.P. Company tantamount to deficiency in service for which the consumers are suffering a lot. Hence, OP had unnecessarily charged excessive electricity bill. Therefore, there is deficiency in service on the part of OP. So, the complaint was filed by the complainant succeeds and the relief(s) as prayed by the complainant is allowed in part.

4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

            The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant is able to prove his case beyond any doubt and the Opposite Party is liable to prepare fresh bill by taking slab benefit and payment of bills are to be made in 10 equal installments by the complainant.

ORDER

              Hence it is ordered that the complaint be and the same is allowed on contest against the Opposite party.

         The OP is directed a prepare a fresh bill for the period from 9/2012 to 9/2015 for 36 months with slab benefits after deducting the paid amounts as well as paid units. The OP shall prepare this bill within 30 days from the date of receipt of this final order.

     The payable amount is to be paid by the complainant by 10 equal installments.

     The complainant is to be paid the installments within the first week of the month.

     The first installment will be started within 10 days from the date receipt of fresh bill from the OP.

 The current bills are to be prepared in accordance with the reading as reflected in the meter card. The OP should take appropriate steps so that the consumer should not meet such a liability to pay bills of huge accumulated units. 

                        At the event of failure to comply with the order the Opposite Party shall pay cost @ Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 30 days by depositing the accrued amount, if any,  in the fund of  “ Consumer Legal Aid Account”.

Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post with A/D forthwith, for information & necessary action.

           Dictated and corrected by me.