IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/01/2015.
Date of Filing: 02.01.2015. Date of Final Order: 09.11.2016.
Complainant: Mono Behari Biswas, S/O Late Madan Mohan Biswas, Vill. Mojlispur, P.O. Konnagar,
P.S. Shaktipur, Dist. Murshidabad. Pin 742163
-Vs-
Opposite Party: The Station Manager, WBSEDCL, Shaktipur CCC, P.O.& P.S. Shaktipur,
Dist. Murshidabad. Pin 742163.
Present:
Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali …………………… Member.
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for setting aside the illegal bill for Rs. 37,207.78 and direction upon the OP not to disconnect the electric line of the complainant.
The complainant’s case, in brief, is that he has been carrying on business of wheat grinding and oil seed c rushing at the mill premises situated on Plot No. 830 of Mouza Malishpur obtaining industrial connection No. ID 313171314 having connected load of 20 H.P. and the said business is a small venture of his livelihood. He could not pay the energy bill for Rs. 81,396/- as because his son has been seriously ill. On sympathetic ground the OP granted him six equal instalments each of which was Rs.13,566/-.The complainant has been paying monthly energy charges against the bills drawn thereform upto the month of November 2014 but with his utter surprise he received a bill drawn for the month of December, 2014 that a sum of Rs.37, 207.78 was claimed as outstanding dues for the period from May 2014 to November 2014 but no such outstanding dues was shown in the earlier bills. The claim of outstanding dues of Rs.37, 207.78 is fictitious, imaginary, baseless and it not payable by this complainant. He was charged excess sum of Rs.5044/- as interest for late payment. Thereafter, the complainant submitted an application dt. 18.12.14 requesting the OP not to demand the said amount and not to disconnect the said line but the OP did not pay any heed to such request. Being aggrieved by the complainant knocked at the door of the Forum for proper redress. Hence, the instant written version.
The case of the OP, in short, is that the complainant has been running a Meter having Customer I.D. No.313171314 having connection Load of 20 H.P. The connection is an Industrial Connection. The complainant became a defaulter for non-payment of the Electric Bill for the months of 1/2004 to 6/2004 and 7/2005 to 11/2005. The total bill amount was Rs.68,844/ But the bill amount was snot paid within schedule period, so LPSC was charged over the due amount and the due amount became Rs.81,390.12/-.Thereafter, the complainant filed an application for installments. This OP permitted the complainant to pay the dues by six installments. The complainant paid Rs.8, 884/- on 28.6.2004 and Rs.13, 566/- each on 29.03.2006, 30.05.2006, 21.08.2006 and 04.11.2008 but he has not paid the six instalments and part of first instalments. As the petitioner failed to pay Rs.18, 242.11 as balance instalments, so L.P.S.C was charged upon that amount and the outstanding amount became Rs.37, 207.76. So, there is no illegality in respect of the claim. The bill for the month of December 2014 is correct one. The amount claim is not baseless. The case is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Point for decision.
- Whether the case is maintainable in its present form and in law?
- Whether the case is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get
Decision with Reasons.
Point Nos. 1 to 4.
All the points are taken up together for the sake of convenience.
The instant complaint is praying for declaration that the bill issued by the OP for Rs.37,207.38 is illegal and for direction upon the OP not to disconnect the service line of the complainant.
The complainant’s case, in brief, is that he has been carrying on business of wheat grinding and oil seed crushing at the mill premises situated on Plot No. 830 of Mouza Malishpur obtaining industrial connection No. ID 313171314 having connected load of 20 H.P. and the said business is a small venture of his livelihood. He could not pay the energy bill for Rs. 81,396/- as because his son has been seriously ill. On sympathetic ground the OP granted him six equal instalments each of which was Rs.13,566/-.The complainant has been paying monthly energy charges against the bills drawn thereform upto the month of November 2014 but with his utter surprise he received a bill drawn for the month of December, 2014 that a sum of Rs.37, 207.78 was claimed as outstanding dues for the period from May 2014 to November 2014 but no such outstanding dues was shown in the earlier bills. The claim of outstanding dues of Rs.37, 207.78 is fictitious, imaginary, baseless and it not payable by this complainant. He was charged excess sum of Rs.5044/- as interest for late payment. Thereafter, the complainant submitted an application dt. 18.12.14 requesting the OP not to demand the said amount and not to disconnect the said line but the OP did not pay any heed to such request.
The case of the OP, in short, is that the complainant has been running a Meter having Customer I.D. No.313171314 having connection Load of 20 H.P. The connection is an Industrial Connection. The complainant became a defaulter for non-payment of the Electric Bill for the months of 1/2004 to 6/2004 and 7/2005 to 11/2005. The total bill amount was Rs.68,844/ But the bill amount was snot paid within schedule period, so LPSC was charged over the due amount and the due amount became Rs.81,390.12/-.Thereafter, the complainant filed an application for installments. This OP permitted the complainant to pay the dues by six installments. The complainant paid Rs.8, 884/- on 28.6.2004 and Rs.13, 566/- each on 29.03.2006, 30.05.2006, 21.08.2006 and 04.11.2008 but he has not paid the six instalments and part of first instalments. As the petitioner failed to pay Rs.18, 242.11 as balance instalments, so L.P.S.C was charged upon that amount and the outstanding amount became Rs.37, 207.76.
To prove the case the complainant has adduced evidence on-affidavit and Xerox copy of the bills issued by the OP amounting to Rs.37,207.76.
On the other hand the OP has fled original calculation sheet in respect of their claim for the disputed period from May, 2014 to November, 2014 amounting to Rs.37,207.76 for delayed payment.
To rebut this evidence adduced by the OP, the complainant has failed to adduce any iota of evidence justifying payment in time, or in other words to establish that the complainant had made payment of the bills in question in time.
Considering the above discussions we can safely conclude that that the complainant has failed to establish his claim that the bills claimed by the OP is illegal. Rather, it has sufficiently established that the OP is entitled to get their dues of Rs.37, 207.76 for the period May, 2014 to November, 2014 and as such the complainant is to pay the same to avoid disconnection.
For ends of justice we are of the view that the complainant is to pay the above dues of Rs.37,207.76 making it round at Rs.37,208/-by 8 installments @ Rs.5000/- each per month for consecutive 7 months and last instalment for Rs.2,208/- along with subsequent dues, if any, to be paid accordingly and also including the current bill.
Regarding the prayer for not to disconnect, we are of view considering the facts and circumstances of the case for ends of justice that the complainant will get an order giving direction upon the OP not to disconnect the service connection of the complainant, if the complainant goes on depositing the installments in time.
On the basis of the above discussions we are of the opinion that all the points are disposed of in favour of the complainant in part.
Hence,
Ordered
that the Consumer Complaint No. 01/2015 be and the same is hereby allowed on contest in part without any order as to cost.
The complaint is directed to pay the entire bill amount of Rs.37208/- for the period from 5/14 to 11/14 by 8 installments @ Rs.5000/- each per month for consecutive 7 months and last instalment for Rs.2,208/- along with subsequent dues, if any, to be paid accordingly and also including the current bills.
The first installment is to be paid by the complainant as early as possible and the remaining installments are to be paid within the fortnight of each month. Complainant is also directed to pay the subsequent dues, if any, and the current bills.
The OP is directed not to disconnect the service connection of the complainant, if the complainant goes on depositing the installments in time.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
