DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

      C.C. CASE NO. _28_ OF ___2016_

DATE OF FILING : 01.04.2016                   DATE OF PASSING JUDGEMENT:  14/06/2017

Present                        :   President       :   Udayan Mukhopadhyay

                                        Member(s)    :     Subrata Sarker

COMPLAINANT             :   Sri Ajoy Kumar Ghosh,son of late Nani Gopal Ghosh, Ghoshpara, Gorksra, P.S Sonarpur, Kolkata- 150.

-VERSUS  -

O.P/O.Ps                            :  Station Manager, Sonarpur Customer Care Centre, WBSEDCL, Ghasiara, Sonarpur, Kolkata -150.

_______________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Sri Subrata Sarker, Member

This is an application under section 12 of the C.P Act, 1986 filed by the complainant.

The O.P installed a DOM Electricity Connection at the residence of the complainant on 17.11.2011 being Meter no.T1095349 , Service Connection no.31994, Customer Sl. No.1000349665. The complainant paid the electricity charges regularly upto October,2015. Then the complainant came to know that the electricity meter is defective and he informed the matter to the Officer,WBSEDCL , Ghasiara, Sonarpur by his letter dated 24.11.2015 and 28.11.2015. Further the complainant requested the Officer, WBSEDCL, Ghasiara, Sonarpur by his letter dated 3.12.2015 to change the existing meter no.T-1095349 . As a result the old meter no.T-1095349 was replaced by a new meter no.B-3986181 by the O.P. Inspite of that the problem remains unchanged. After the change of the meter on 6.12.2015 the reading is taken on 4.2.2016 and the unit recorded 257 for two months viz. December & January when winter prevails. The complainant also stated that he was charged Rs.12,942.42 for November, December and January 2016. The complainant also states that he wrote a letter under RTI seeking few information of the dates of reading and unit recorded against each date on 8.3.2016. But the O.P did not reply till date. Thereafter the Station Manager has issued a notice on 1.3.2016 demandingRs.13,748/- by 17.3.2016. The complainant states that gross injustice is done upon  him by the O.P. He was compelled to pay excessive electricity charges for the negligence of the O.P.

The O.P contested the case by filing written version and B.N.A.

Point for decision is whether there is any deficiency in service on the part of the O.P.

                                               Decision with reasons

The complainant sent several applications to the O.P to change his defective meter T-1095349 . After that the O.P replaced a new electric meter being no. B3986181 on 6.12.2015 with remark “No Display” which is evident from the yellow card. It is also evident from the yellow card that the O.P did not follow the principles of the Electricity Act, 2003 and the Rules therein in issuing Electricity Bills. The O.P issued most of the bills without Meter reading which is gross deficiency of service on the part of the O.P as it is mandatory to note the meter reading on the yellow card. Instead of that the O.P sent a bill claiming Rs.806/- for February 2016 and outstanding from November 2015 to January 2016 amounting to Rs.12,942/- ,thus totaling to Rs.13,748/- . From the yellow card it is seen that on 11.2.2016 units consumed 257 units but regarding November” 15 to January” 16  nothing is recorded in the yellow card regarding consumption of unit for those months for which, it is

                                                                                      Ordered

That the complaint case is allowed against the O.P.

The O.P is directed to produce the record of the date of reading of the Meter no.T1095349 (old) and the Meter no.B-3986181 (new) from the date of connection on 17.11.2011 and the units recorded against each date of reading to the complainant.

The O.P is directed to adjust the excessive amount without reading the meter with the forthcoming bills after noting the reading in the yellow card .

The O.P is directed to pay compensation of Rs.5000/- for mental agony and harassment without reasons and a litigation cost of Rs.2000/- .

All the amounts together shall have to be paid to the complainant within 30 days from this date.

It may be mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

Member                                                                                                           President

Dictated and corrected by me

                        Member

      The judgment in separate sheet is ready and is delivered in open Forum. As it is ,   

                                               Ordered

That the complaint case is allowed against the O.P.

The O.P is directed to produce the record of the date of reading of the Meter no.T1095349 (old) and the Meter no.B-3986181 (new) from the date of connection on 17.11.2011 and the units recorded against each date of reading to the complainant.

The O.P is directed to adjust the excessive amount without reading the meter with the forthcoming bills after noting the reading in the yellow card .

The O.P is directed to pay compensation of Rs.5000/- for mental agony and harassment without reasons and a litigation cost of Rs.2000/- .

All the amounts together shall have to be paid to the complainant within 30 days from this date.

It may be mentioned here that if the O.P failed to comply the above order then the complainant is at liberty to execute the order through this Forum.

Let a plain copy of this order be served upon the complainant free of cost and one copy be sent to the O.P through speed post.

Member                                                                                                           President