Date of Filing: 06.11.2015 Date of Final Order: 25.01.2016
The gist of the complaint as can be gathered from the case record is that the Complainant, Abul Kashem Ahamed (Miah) received one Electric bill for the month of March, April & May, 2015 with mentioning 217 unit of Rs.1,245.89/- from the O.Ps and the Complainant paid Rs.1,290/- to the O.Ps and collected receipt. After few days the Complainant again received one Electric bill for the month of March, April & May, 2015 of Rs.1,840/- with 179 unit. Then the Complainant went to the office of the O.P. No.1 and informed the said matter. Thereafter the O.P. No.1 issued an another bill for the month of June, July & August, 2015 with 179 unit of Rs.993.72/- and the Complainant deposited Rs.960/- and collected receipt. After few days the Complainant again received one Electric bill for the month of June, July & August, 2015 with 354 unit of Rs.3,056/-. After that the Complainant visited to the O.P. No.1 & 2 regarding the said bill of Rs.3,056/- but the O.Ps informed him that he have to pay the aforesaid bill amount of Rs.3,056/-. Due to such activities of the O.Ps, the Complainant is suffering from mental pain & agony, financial loss and negligence. The O.Ps also adopted their deficiency in service and they are liable to issue correct bill against the Complainant and also to pay all damages and loss to the Complainant.
Hence, the Complainant filed the instant Case No. CC/102/2015 with enclosed relevant documents before this Forum and prayed for direction to the O.Ps to pay (1) Rs.3,000/- for financial loss, (2) Rs.2,000/- for travelling Expenses, (3) Rs.4,91,000/- as compensation for mental pain & agony, negligence and deficiency in service and (4) Rs.4,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
It appears that inspite of due service of notice the O.P. No.1, Station Manager, W.B.S.E.D.C.L., Sahebganj, Dinhata, Cooch Behar and the O.P. No.2, Divisional Manager, W.B.S.E.D.C.L., Cooch Behar Division, Cooch Behar did not appear before the Forum and accordingly the case was heard in Ex-parte.
In the light of the contention of the both parties the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the entire documents in the record also heard the Complainant.
Point No.1.
Evidently, the Complainant has obtained electric connection from the O.Ps and has been enjoying electricity on payment of bill.
So, the Complainant is a consumer under Section 2(1) (d) (ii) of CP Act, 1986 under the O.P Electric Company.
Point No.2.
The office of the both O.Ps are situated within jurisdiction of this Forum and valuation of the present case is Rs.5,00,000/- which is far below than maximum pecuniary limit.
So, this Forum has territorial and pecuniary jurisdiction to try this case.
Point No.3 & 4.
Both points are taken up together for convenience of discussion.
The Complainant, Abul Kashem Ahamed (Miah) in his complaint and evidence stated that he received one Electric bill for the month of March, April & May, 2015 with mentioning 217 unit of Rs.1,245.89/- from the O.Ps and the Complainant paid Rs.1,290/- to the O.Ps and collected receipt.
Bill for the month of March, 2015 to May, 2015 amounting to Rs.1,245/- and Receipt dated 06/06/2015 issued by the O.Ps show that Rs.1,290/- has been paid by the Complainant to the O.Ps for the said bill.
The Complainant further stated that After few days the Complainant again received one Electric bill for the month of March, April & May, 2015 of Rs.1,840/- with 179 unit. Then the Complainant went to the office of the O.P. No.1 and informed the said matter.
In support of his contention the Complainant submitted another bill for the period of March, 2015 to May, 2015. But the said bill is not at all readable and completely illegible.
However, copy of the complaint dated 14/07/2015 shows that the matter regarding issuance of second bill for the period of March, 2015 to May, 2015 has been reported to the O.P. No.1 but in vain.
The Complainant further stated that thereafter the O.P. No.1 issued another bill for the month of June, July & August, 2015 with 179 unit of Rs.993.72/- and the Complainant deposited Rs.960/- and collected receipt.
Bill for the month of June, 2015 to August, 2015 and receipt dated 15/09/2015 show that the said bill for the month of June, 2015 to August, 2015 amounting to Rs.960/- has been paid by the Complainant.
The Complainant further stated that but thereafter he again received bill for the period of June, 2015 to August, 2015 for 354 unit amounting to Rs.3,056/-. He also stated that on receiving the said bill he went to the O.P. No.1 but he was informed that he had to pay the said bill amount.
In support of his contention the Complainant submitted another bill for the period of June, 2015 to August, 2015 for 354 unit amounting to Rs.3,056/-.
Notice U/S 56(1) of the Electricity Act, 2003 dated 04/11/2015 reveals that the Complainant was directed to pay Rs.1,452/- within 19/11/2015 in default his electric line would be disconnected.
We find that in said Notice it has been shown that the bill for the period of September, 2015 and October, 2015 have not been paid by the Complainant.
We find that it is specific case of the Complainant that he has paid bill for the period of March, 2015 to August, 2015 but the O.Ps again claimed said amount by issuing another two (spot billing system generated) bills.
We have already stated that the Complainant has been able to prove payment of his bill for the period March, 2015 to August, 2015.
Regarding second bills for the same period, the Complainant submitted two bills (spot billing system generated). But out of said two bills, first one is totally not readable and completely illegible.
We fail to understand how Electricity Company like Public Sector Company can issue such unreadable bill to the consumer for creating many troubles and harassment to the consumer.
We find from another second bill that there is clearly mentioned that said bill relates of June, 2015 to August, 2015.
However, inspite of due service of Notice, the O.Ps have not appeared before the Forum to challenge contention of the Complainant, which seems that the O.Ps have nothing to say in this regard.
So, in view of our above noted discussion, it is clear that the Complainant has paid entire bills for the period of March, 2015 to May, 2015 and June, 2015 to August, 2015 but the O.Ps have issued two second bills (under spot billing system generated) for the same period and have been claiming for payment of such bills. The O.Ps cannot claim said bills once again and conduct of the O.Ps amount to deficiency in service and unfair trade practice, which caused mental pain, agony and harassment to the Complainant.
However, we find that the O.Ps are entitled to realized bills of electric line of the Complainant from the period of September, 2015 and onwards after drawing proper bill (to be noted that they are not entitled to realized any bill amount from the Complainant for the period from March, 2015 to August, 2015).
Regarding notice U/S 56(I) of the Electricity Act dated 04/11/2015 it is declared that said notice is illegal as the matter is pending before this Forum.
Considering over all matter into consideration and materials on record, we are constrained to hold that the case of the Complainant is to be allowed with litigation costs of Rs.2,000/- with compensation of Rs.10,000/- for deficiency in service and unfair trade practice, mental pain, agony and harassment.
Accordingly, the case succeeds in part.
ORDER
Hence, it is ordered that,
The present Case No. CC/102/2015 be and the same is allowed on Ex-parte but in part with costs of Rs.2,000/- against the O.Ps.
It is declared that the O.Ps are not entitled to realise any further bill amount for the period from March, 2015 to August, 2015 once paid by the Complainant.
However, we find that the O.Ps are entitled to realized bills of electric line of the Complainant from the period of September, 2015 and onwards after drawing proper bill (to be noted that they are not entitled to realized any bill amount from the Complainant for the period from March, 2015 to August, 2015).
The O.Ps are directed to pay Jointly and/or severally Rs.10,000/- to the Complainant as compensation for deficiency in service and unfair trade practice, mental pain, agony and harassment. The Opposite Parties are further directed to pay the ordered amount jointly and/or severally to the Complainant within 45 days failure of which the O.Ps shall pay Rs.100/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let plain copy of this Final Order be made available and be supplied free of cost, to the concerned party.
Dictated and corrected by me.
President President
District Consumer Disputes District Consumer Disputes
Redressal Forum, Cooch Behar Redressal Forum, Cooch Behar
Member
District Consumer Disputes
Redressal Forum, Cooch Behar
