In the District Consumer Disputes Redressal Forum, Murshidabad
Berhampore, Murshidabad.
Case No. CC/26 /2016
Date of filing: 18/02/2016 Date of Final Order: 28/07/2016
Hasnehena Bibi.
W/O- Khairul Islam.
Vill.-Nowda. P.O.- Gankar.
P.S.-Raghunathganj. Dist- Murshidabad,
PIN-742227.(W.B.)……………………………...Complainant
- Vs-
1).Station Manager,
Raghunathganj Customer Care Centre,W.B.S.E.D.C.L,
P.O.& P.S.- Raghunathganj. Dist.- Murshidabad.
PIN-742227.(W.B.)
2). The Assistant Engineer.
Raghunathganj Customer Care Centre,W.B.S.E.D.C.L,
P.O.& P.S.- Raghunathganj. Dist.- Murshidabad.
PIN-742227.(W.B.)……………………………………………….. Opposite Parties.
Mr.Subhranshu Sinha. Ld. Adv.………………….……………………………. for the complainant
Mr.SiddharthaSankarDhar Ld. Advocate…………………………………….for the Opposite Party
Before: Hon’ble President, Anupam Bhattacharyya.
Hon’ble Member, Samaresh Kumar Mitra.
Hon’ble Member, Pranati Ali.
FINAL ORDER
Samaresh Kumar Mitra, Member.
This case has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for an order directing the OP not to disconnect the electric line of the complainant without any settlement of the bills served upon her not taking any meter reading since connection of the electric line as well as the current bill amount to Rs.68,650/- and to make good the loss of Rs.50,000/- for mental agony including the medical expenses and other incidental charges.
The case of the complainant, in brief, is that he is a bona fide consumer under the OP being a consumer No. 313288495 and the electricity is being used for agricultural purposes. Present meter No. is REX 516461 and previous meter was REX 4600 . Without taking any meter reading the OP used to send bills for which attention was drawn by the husband of the complaint vide his letter dt. 20.7.2014 but no result. The complainant apprehends of disconnection of her service line. For this reason she filed this case for relief.
The case of the OP, in brief, is that the complainant is a defaulter. The service connection of the complainant was effected on 09.02.2010. The bills were raised periodically as per reading of the meter. As per application of the consumer the reading of the meter has been checked and the bills were sent to the complainant. At present meter reading are 1748 units. A new meter bearing No. IX 018461 has been installed. The OP is entitled to get Rs.68, 675.63 as outstanding dues for the month of August 2013 to January 2016 and bill for the month of February 2016 has also been served upon the complainant. At present total amount of Rs. 74,302/- is due from the side of the complainant. The bills were prepared as per correct meter reading. The complainant has neglected to pay the bill amount. There is no deficiency on the part of the OP. The complainant is liable to be dismissed.
The complainant filed evidence on affidavit which is nothing but replica of complaint petition. Both sides advanced argument which is heard in full and they adduced a few documents.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1). Whether the Complainant Hasnehena Bibi is a ‘Consumer’ of the Opposite Party?
2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3).Whether the OPs carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the complainant Hasnehena Bibi is a ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986. As the complainant herein is enjoying electricity supplied by the OP Company and it is admitted by the OP Company being the service provider.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The opposite party being the largest Electric Supply Company throughout the state having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering service for development of society as well as implementing a lot of Govt. programs. So the role of OP Company for the development of the society is unquestionable.
The OP herein is the Station Manager of an office of the largest electric supply company throughout the State of W.B. The Company WBSEDCL running its business throughout the state except territorial jurisdiction of Kolkata Corporation. The OP Company is providing power in the rural areas in different projects for a long period. That is why the consumers in the rural areas are highly grateful to the Company. While providing powers throughout the state it also suffers from many discrepancies. Like not sending/ preparing bills in due time or sending bills for a period when the powers are discontinued and not taking reading regularly as a result the consumers suffer from paying accumulated units at a higher rate. As a consequence the consumers suffer a lot and make their grievances for remedy.
The case of the complainant is that he has agricultural connection being previous meter No. REX 4600 and new meter No. 1545037. During the existence of previous meter the OP was not taking meter reading regularly but sending bills not according to meter reading. The complainant filed petition in that regard but of no result. The OP threatened to disconnect the power connection. Then the complainant getting no alternative filed the instant complaint praying to direct the OP not to disconnect the electric line of the complainant without any settlement of the bills.
The OP in his written version assailed that since the connection on 9.2.2010 the bills were raised periodically as per meter reading. The OP is entitled to get outstanding bills of Rs.68, 675.63 for the period August, 2013 to Jan 2016 and including the bill up to 19.2.2016 it is Rs.74,302.00.
After hearing the argument of the parties it appears that a huge bill amounting to Rs.74, 302/- is pending up to reading period 19.2.2016, meter reading 1747 in new meter. But the OP showed good gesture upon the complainant by not disconnecting the power connection irrespective of pending huge bills. Complaint filed petitions to the OP for sending bills as per meter reading but OP was silent. The Xerox copy of electric bill dated 19.01.2015 speaks unit consumed 400, outstanding amount Rs. 26,405.00 and amount due Rs.28,131.00 including total charges Rs.1744.28. Another bill dt. 17.9.2015 in which unit consumed is 6096, outstanding amount Rs.38991.66 and amount due Rs.64,993.00 including total charges Rs.26282.80. And the disputed bill date 01.03.2016 speaks unit consumed 1281, outstanding amount Rs.68675.63 and amount due Rs.74302.00 including total charges Rs.5625.45 after due date.
The study of bills reflects that this complaint is a defaulter of bills for a long period as a result the outstanding amount raised. Reason is not known to us why she /complainant did not pay the bills regularly to avoid the outstanding dues. But the bills are prepared not in accordance with the reading of the meter.
So, we are in a considered opinion to direct the OP to take the bills amounting to Rs.74,302.00 in 10 equal installments of Rs.7,000/- each and 11th installment amounting to Rs.4302/-. During collection of installments and bill of present reading the OP seized to disconnect the power connection of this complainant. But if the bills present as well as outstanding are not paid by the complainant then the OP is at liberty to act in accordance with the Electricity Act, 2003 for collection of dues.
4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the complainant failed to prove his case. The Opposite Party is under liability to accept the outstanding bills as per the order of this Forum.
-
Hence it is ordered that the Complaint Case No.26/2016 be and the same is allowed in part on contest against the OP.
The OP is directed to take the bills amounting to Rs.74,302.00 in 10 equal installments of Rs.7,000/- each and 11th installment amounting to Rs.4302/-. During collection of installments and bill of present reading the OP seized to disconnect the power connection of this complainant. The current bills are to be prepared in accordance with the reading as reflected in the meter card. The OP should take appropriate steps so that the consumer should not meet such a liability to pay bills of huge accumulated units and disconnection for nonpayment of such bills.
No other reliefs are awarded to the complainant.
Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.
Dictated and corrected by me.
Member, Member, President,
District Consumer Disputes District Consumer Disputes District Consumer Disputes Redressal Forum, Murshidabad. Redressal Forum, Murshidabad. Redressal Forum, Murshidabad.
