IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 71/2016 .
Date of Filing: 05.05.2016. Date of Final Order: 31.05.2017.
Complainant: Mannan Sk. S/O Late Jabu Sk. Vill. Durlavpur, P.O. Kunasundi, P.S. Kandi,
Dist. Murshidabad.
-Vs-
Opposite Party: 1. Station Manager, Gokarna Electric Supply, WBSEDCL, P.O. Gokarna,
Dist. Murshidabad. Pin 742136.
2. Divisional Manager, Kandi(D) , Division , WBSEDCL P.O.&P.S. Kandi,
Dist. Murshidabad. Pin 742137.
3. Regional Manager, WBSEDCL, P.O.& P.S. Berhampore, Dist. Murshidabad.
Pin 742101.
Present: Sri Anupam Bhattacharyya …………………. President.
Sri Samaresh Kumar Mitra ……………………..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 rectifying the bill amounting to Rs.24,435/- and not to claim the said amount and not to disconnect the electric connection of submersible pump and compensation of Rs.10,000/-.
The complainant’s case, in brief, is that the OP No.1 has sent the bill on 11.1.16 amounting to Rs.47, 941/- for the month of 21.4.15 to 29.12.15 and after receiving the bill this complainant has paid Rs.43, 710/- on 23.2.16 to the OP No.1 and further this complainant paid Rs.6096 including the charge of bill for the month of February 2016 on 23.2.16. But the OP No.1 lastly has sent an outstanding bill on 11.2.16 for Rs.24, 435/-. There was no outstanding bill and the said bill is illegal and for that the complainant is not bound to pay the bill for Rs.24, 455/- and this is deficiency of service on the part of the OP No.1. Inspite of receiving the application of the complainant by registered post dt. 24.2.16 the OP No.1 did not rectify the impugned bill. The OP no.1 has sent the bill to the complainant only for harassment. There is deficiency in service on the part of the OPs. Hence, the instant written version.
The written version filed by the OP-WBSEDCL, in brief, is that the complainant has an electric connection having ID No. 313093224. The connection was given for the purpose of agriculture. The complainant has paid sum of Rs.43710/- to the Opposite Party No. 1. The complainant was defaulter in payment of the current bills, so he has paid the sum of Rs.43,710/- for number of due months, so in the next bill LPSC was charged for the sum of Rs.24,435/- according to clause 8.2.2.13 of the Tariff, West Bengal Electricity Regulatory Commission. The consumer shall have to pay the delay payment surcharge on due amount at such rate which has been specified in the above order. As the complainant did not pay the amount so the power line has been disconnected on 06.03.2016. Hence, the instant written version.
Considering the pleadings of both parties the following points have been arranged for the disposal of the case.
Points for Decision.
- Whether the complaint is maintainable in its present form and law?
- Whether the complainant has any cause of action to file the case?
- Whether the complaint is barred by law of limitation?
- Whether the complainant is entitled to get the relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The instant complaint is for rectifying the bill amounting to Rs.24,435/- and not to claim the said amount and not to disconnect the electric connection of submersible pump.
The complainant’s case is that the OP No.1 has sent the bill on 11.1.16 amounting to Rs.47, 941/- for the month of 21.4.15 to 29.12.15 and after receiving the bill this complainant has paid aRs.43, 710/- on 23.2.16 to the OP No.1 and further this complainant paid Rs.6096 including the charge of bill for the month of February 2016 on 23.2.16. But the OP No.1 lastly has sent outstanding bill on 11.2.16 for Rs.24, 435/-. There was no outstanding bill and the said bill is illegal and for that the complainant is not bound to pay the bill for Rs.24, 455/- and this is for deficiency of service on the part of the OP No.1. Inspite of receiving the application of the complainant by registered post dt. 24.2.16 the OP No.1 did not rectify the impugned bill. The Op no.2 has sent the bill to the complainant only for harassment.
The OP’s case is that the complainant has an electric connection having ID No. 313093224. The connection was given for the purpose of agriculture. The complainant has paid sum of Rs.43710/- to the Opposite Party No. 1 . The complainant was a defaulter in payment of the current bills, so he has paid the sum of Rs.43,710/- for number of due months, so in the next bill LPSC was charged for the sum of Rs.24,435/- according to clause 8.2.2.13 of the Tariff West Bengal Electricity Regulatory Commission. The consumer shall have to pay the delay payment surcharge on due amount at such rate which has been specified in the above order. As the complainant did not pay the amount so the connection has been disconnected on 06.03.2016.
To prove the case the complainant has adduced evidence on affidavit and the relevant documents in support of his case.
The complainant’s case is that the impugned bill amounting to Rs.24,435/- is illegal being the complainant has no outstanding dues.
It is also clear that at present for non-payment of the impugned bill the electric connection of the complainant has been disconnected on 06.3.2016.
Admittedly, the electric connection of the complainant is for agricultural purpose.
That being so and the same being now disconnected we are of view that the complainant will get benefit of payment of the impugned bill of Rs.24, 435/- by eleven installments. The first payment of Rs.4435/- is to be made immediately and the remaining Rs.20,000/- is to be paid by ten equal monthly installments of Rs.2000/- within fortnight of each month and the current bills is to be paid accordingly and the OP-WBSEDCL is to restore the electric line within seven days from the day of first payment of Rs.4435/-.
Considering the above discussions we find that all the points are disposed of in favour of the complainant in part and the complainant to pay the impugned bill of Rs.24435/- by eleven installments. The first payment of Rs.4435/- is to be made immediately and the remaining Rs.20, 000/- is to be paid by ten equal monthly installments of Rs.2000/- within fortnight of each month and the current bill is to be paid accordingly and the OP-WBSEDCL is to restore the electric line of the complainant within seven days from the day of first payment of Rs.4435/-.
Hence,
Ordered
that the Consumer Complaint No. 71/2016 be and the same is hereby allowed on contest in part.
The complainant is directed to pay the impugned bill of Rs.24435/- by eleven installments. The first installment of Rs.4435/- is to be made immediately and the remaining Rs.20, 000/- is to be paid by ten equal monthly installments of Rs.2000/- within fortnight of each month and the current bill is to be paid accordingly.
The OP-WBSEDCL is to restore the electric line of the complainant within seven days from the day of first payment of Rs.4435/- in default the OP is to pay Rs.50/- per day’s delay as fine and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
In default of any installment on the part the complainant, the OP is at liberty to disconnect the electric line of the complainant.
There will be no order as to cost.
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 President.
