IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/72/2016.

 Date of Filing:              05.05.2016.                                                       Date of Final Order: 10.07.2017

Complainant: Samir Mondal, S/O Late Rakhahari Mondal, Vill. Bundai, P.O. Purandarpur,

                        P.S. Kandi, Dist. Murshidabad.

-Vs-

Opposite Party: 1.  Station Manager, Gokarna Electric Supply, WBSEDCL  , P.O. Gokarna,

                                P.S. Kandi, Dist. Murshidabad. Pin 742132.

                          2.  Divisional Manafger, Kandi (D) Division, WBSEDCL, P.O.&P.S. Kandi,

                               Dist. Murshidabad. Pin 742132.

                          3. Regional Manager, WBSEDCL, P.O.&P.S. Berhampore, Dist. Murshidabad.,

                               Pin – 742101.

                       Present:   Sri Anupam Bhattacharyya ………………….        President.                              

                                         Smt. Chandrima Chakraborty ……………………..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 reconnection of the electric line of the complainant and to rectify the impugned bill which was not consumed by the complainant and for compensation of Rs.10,000/- for harassment and mental pain and agony.

The complainant’s case, in brief, is that complainant used to consume electricity in respect of two bulbs, two fans and one TV and paid bills lastly on 25.11.14 and bill amount was Rs.200/- to 210/- p.m. according to meter reading during the year 2011 to 2013. Suddenly, the OP No.1 sent bill for the month of December,2014 of Rs.1606.95 for the month of June,2015 of Rs.1606.95 and for month February, 2015 of Rs.1608.95, totaling Rs. 4820/-. The complainant did not consume 771 units. The complaint on 31.12.2014 applied for rectification of the impugned bill and for verification of the meter and for change of metering found defective. Thereafter, the complainant informed the same by registered post on 21.8.15 which was refused and did not take any action. Also, the OP No.1 did not turn up even after receiving the application dt. 31.12.14. Even after disconnecting the electric line of the complainant without notice on 01.07.15, the Op No.1 sent imaginary bill for the month of 3/16 to 5/16 amounting to Rs.6075/- for harassment of the complainant during summer including her 100% handicapped daughter. Hence, the instant complaint case.

            The written version filed by the OP-WBSEDCL, in brief, is that the OP sent bills for the month of December’14 to 2/15 for 771 units to February 2016 amounting to Rs.6111/- according to meter reading on 27.11.14, 26.2.15, 26.5.15, 08.09.15, 01.12.15 and on 06.03.2016. For non-payment of the bills the electric connection was disconnected on 28.9.15. As per guideline this disconnection has been declared as permanently disconnected after 180 days from the date of disconnection. There is no deficiency in service and for that the complaint is liable to be r ejected. Hence, the instant written version.

Considering the pleadings of the parties the following points have been raised for the disposal of the case.

Points for Decision

Point Nos. 1 to 6

1. Whether the case is maintainable in its present form and in law?
2. Whether the complainant is a consumer under the ambit of C. P. Act, 1986?
3. Whether the case is barred by law of limitation?
4. Whether the complainant has any cause of action to file the present case?
5. Whether the complainant is entitled to get relief as prayed for?
6. To what other relief/reliefs the complainant is entitled to get?

Decision with Reasons.

            All the points are taken up together for the sake of convenience.

            The complainant’s case is that the complainant paid bills regularly lastly on 25.11.14 where bill amount was Rs.200/- to Rs.210/- . Suddenly, the complainant received bills for Rs.4820/- for December’14, February’15 June ’15 for 771 units and then the complainant applied on 31.12.14 for rectification of bill and for verification of meter but no result even after refusing the registered letter dt. 17.8.15 on 21.8.15. The OP also sent bills for Rs.6075/- for 3/16 to 5/16 illegally after disconnecting electric line of the complainant on 1.7.15.

            On the other hand, the OP’s case is that the meter of the complaint is not defective and the complainant has not paid several bills for the period from December 14 to February ’15 for 771 units and up to Feb’2016 total amounting to Rs.6111/- according to meter readings on respective dated and for that electric connection of the complainant was disconnected on 28.9.15.

            To prove the case the complaint has adduced evidence –on-affidavit and relevant documents in support of his case.

            In the complaint petition besides challenging the bills for the period from 12/14 to 2/16 for Rs.6111/- the complaint has also challenged the bills for Rs.6075/- for 3/16 to 5/16 after disconnection of the electric connection on 01.07.15.

            Where the OP’s case is that the meter was disconnected on 28.9.15 and the complainant has failed to rebut the same by adducing cogent evidence.

            In this case neither in the written version nor during hearing argument the ld. Lawyer for the OP/WBSEDCLhas claimed any such bills for the period from 3/16 to 5/16 for Rs.6075/- where the OP-WBSEDCL has claimed only Rs.6111/- for the disputed unpaid bills by filing relevant documents to that effect.

            There is no iota of evidence from the side of the complainant for establishing defective meter.

            Considering the above facts and circumstances and the meter being not defective the complainant is to pay the outstanding bills of Rs.6111/- by five installments and the first installment of Rs.2000/- is to be paid at once and the remaining Rs.4,111/- is to be paid by three  monthly installments of Rs.1000/- each and the last installment is for the balance amount of Rs.1111/-.

            Hence,

Ordered

that the Consumer Complaint No. 72/2016  be and the same is hereby allowed on contest in part without any order as to cost.

            The meter being not defective the complaint is directed to pay the outstanding bill of Rs.6111/- by five monthly installments and the first installment of Rs.2000/- is to be paid at once and the remaining Rs.4,111/- is to be paid by four   monthly installments @Rs.1000/- for three monthly installments and Rs.1111/- for the 5^th installment within fortnight of each month alongwith current bill.

            The OP is directed to reconnection the electric line of the complainant within 7 days from the date of receipt of the first installment.

            In default the OP is to pay fine @Rs.50/- per day and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

            The complainant is also directed to go on paying the current bills.

            In default of any installment, the OP is at liberty to disconnect the electric line of the complainant as per rules of Indian Electricity Act.           

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.