The Complainant filed this Complaint u/s 12 of C.P. Act, 1986 (as amended up to date).
The case in brief is that Aseka Bibi, the Complainant has electric connection in her premises with WBSEDCL, Schooldanga Sector, Bankura (the O.P.) and she used to pay electric bill regularly. The Complainant consumed very meager amount of electricity. The meter of the Complainant was running correctly upto the date of 22-03-2013 and on 23-03-2013 the son of the Complainant noticed that the meter was running very fast and informed the matter to the O.P. and on 20-06-2013 the technical staff of the O.P. repaired the said meter. After that on 24-07-2013 the son of the Complainant again noticed that the meter was moving at the time of switch off and again informed the matter to the O.P. and on 18-11-2013 showing the said irregularity of the meter the O.P. disconnected the electric line of the Complainant. Thereafter, the Complainant visited the office of the O.P. several times with request to restore the electric connection but the O.P. did not do the same for the lack of new meter in their stock.
The Complainant consumed electricity up to 18-11-2013 and paid the electricity bill up to the month of October, 2013. After that the electric connection of the Complainant was lying disconnected for long time and subsequently the O.P. did not send any bill to her. The son of the Complainant went to the Office of the O.P. time to time for the electric connection into her premises and on 15-11-2016 the O.P. instructed the
Complainant to pay Rs. 22,998/- as full and final amount inclusive of all charges and on same date the Complainant paid the same for urgency of electricity, knowing that the claim of the O.P. was completely illegal and baseless.
On 18-11-2016 the O.P. connected the electric line of the Complainant but they did not install any new meter rather the technical staff of the O.P. tried to repair the old faulty meter and at that time the reading of the meter was showing 7442-units and at the time of repairing work suddenly the digit of the said meter was changed into 12442 from the digit 7442. On asking the reason the said staff assured that the Complainant shall not be prejudiced as they shall inform the matter to the Station Manager. But thereafter, the O.P. sent a bill dt.18-02-2017 by claiming the charge for 5164-units as consumption for the month of Feb.- 2014 to April-2014 including Rs.21,013.87 as LPSC for the period of April- 2012, June-2012, October-2012, January-2013, April-2013, June-2013, August-2013 and November-2013 which was totally baseless and improper as the Complainant never consumed such huge amount of electricity and the LPSC for the above mentioned period was also baseless because of non-sending bill by the O.P., the Complainant failed to deposit the bill amount and she is not liable for that. The Complainant raised objection against the bill dated 18-02-2017 and requested the O.P. to rectify the same but the O.P. did not pay any heed and on 10-04-2017 the O.P. threatened to disconnected the electric connection of her premises. Hence this case. The Complainant prayed for reliefs as per the complaint.
The notice upon the O.P. has been served properly and the O.P. received the same with proper endorsement but did not appear to contest with the case. Subsequently the case has been heard ex-parte against the O.P.
The Complainant filed written argument and some original documents. We have heard Ld. Lawyer for the Complainant and perused the documents carefully. Following points are necessary to discuss for determination of the case.
Points for Determination.
- Whether the Complainant is a Consumer ?
- Whether this Forum has jurisdiction to entertain the instant case ?
- Whether there is any deficiency in service on the part of the O.P. ?
- Whether the Complainant is entitled to get any relief or reliefs as prayed for ?
Decision with Reasons.
Point-1: Evidently the Complainant has electric connection in her premises with the O.P. vide Consumer ID No. 232152596. So the Complainant is a bona fide consumer of the O.P. u/s 2(1) (d) (ii) of the P. Act. 1986.
Point-2: The office of the O.P. Co. situated at Schooldanga, Bankura within jurisdiction of this Forum.
The total valuation of the case is far less than maximum limit of the pecuniary jurisdiction of the Forum i.e. Rs. 20,00,000/- .
So this Forum has both the territorial and pecuniary jurisdiction to try this case.
Points-3 & 4: Both points are taken up together for convenience of discussion as they are related to each other.
Complainant in her Complaint and written argument stated that she has consumed very meager amount of electricity and used to pay regular bill. The Complainant also stated that on 23-03-2013 her meter became defective firstly and after getting information it was repaired by the O.P. on 20-06-2013 and on 24-07-2013 the said meter again became defective and on 18-11-2013 the staff of the O.P. disconnected the electric line of the Complainant showing the irregularity of the meter. The Complainant again stated that she has consumed electricity upto 18-11-2013 and paid electric bill upto October, 2013 and thereafter the O.P. did not send any electric bill since long the electric connection of the Complainant has been lying disconnected due to lack of new meter. The further statement of the Complainant was that on several request the O.P. instructed the Complainant to pay Rs.22998/- as full and final amount inclusive all charges for the month of Nov. 2013 to Jan. 2014 and after receiving the said money the O.P. on 18-11-2017 connected the electric line of the Complainant by repairing and installing the old faulty meter. As per the statement of the Complainant the meter was showing 7442 while the O.P. started repairing work but all on a sudden the reading at the said meter was changed to 12442 from the meter reading of 7442 and on asking the reason the O.P. stated that due to internal short circuit the reading was charged and assured the Complaint that she shall not be
prejudiced for the same. But on 18-02-2017 the O.P. sent a bill claiming 5164-units for the month of Feb.-2014 to April-2014 including LPSC for the period of April-2012, June 2012, October-2012, January-2013, April-2013, June-2013, August-2013 and November-2013. As per the Complainant that bill is wrong and fictitious.
We have verified the documents carefully. The money receipt dt.15-11-2016 shows that the Complainant paid Rs.22,998/- for the month of Nov.-2013 to January-2014 and after receiving that amount the O.P. connected the electric line of the Complainant. Besides the Complainant stated that she has paid all the bills upto Oct. 2013. So, from the facts and circumstances it can be presumed that the O.P. has connected the Complainant’s electric line after receiving all the dues and charges. But the bill dt.18-02-2017 shows that O.P. has demanded Rs. 21,013.87 as LPSC charges for Apr. 12, June 12, Oct. 12, Jan. 13, Apr. 13, Jun. 13, Aug. 13, Nov. 13.
Moreover, as per the statement of the Complainant the reading of the faulty meter was suddenly changed from 7442 to 12442 at the time of repairing work and the O.P. assured that the Complainant shall not be prejudiced for the same but in the bill dt. 18-02-2017, it has been mentioned that previous Reading-7442 and present reading 12606 i.e. the bill has been issued including (12442-7442) 5000-units which has been changed at the time of repairing work and which the consumer has not been consumed.
In this case, after receiving the notice the O.P. did not appear to contest with the case and the Case has been heard ex-parte against the O.P. So, we have no other option but to hold that all the statements submitted by the Complainant with affidavit are true.
So, from the above discussion it is clear that the bill issued by O.P. on 18-02-2017 is not correct and there is deficiency in service on the part of the O.P. Hence the case stands. Points 3 & 4 are thus disposed of in favour of the Complainant.
Hence it is
Ordered
That the C.C. No. 33/2017 be and the same is allowed ex-parte against the O.P. The O.P. is hereby directed to rectify the bill dt. 18-02-2017 and issued a fresh bill in the name of the Complainant for the month of Feb. 2014 to April 2014. The O.P. is also directed to pay Rs. 3000/- to the Complainant as litigation cost.
All such above orders shall comply within one month from the date of this Judgement failing which the Complainant shall be at liberty to execute this order as per the law.
Copy of this order shall be supplied to the party free of cost.
