The instant case was started on the basis of a complaint filed by one Mojammel Hoque S/o. Late Hazi Altap Ali, of Vill. Jalalpur under the P.S. Chanchal, Dist. – Malda u/s. 12 of the Consumer Protection Act, 1986 and the same petition was registered as Consumer Case No. 88/2017.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the complainant Mojammel Hoque is a resident of Vill. Jalalpur under the P.S. Chanchal, Dist. Malda. He is aged 70 years at the time of filing of this case. It has been further mentioned that the father of the complainant Hazi Altaf, now deceased set up a husking mill over the Plot No. 1050 appertaining to Khatian No. 1525 of LR Mouza Hazaratpur under the P.S. Chanchal and his father took the electric connection having a Consumer ID No. 342164911 and connected load was 13.16 KVA. The father of the complainant died about 18 years back. Since then the complainant is running the said mill. It has been further stated that the electric bill is still issued in the name of the father of the complainant though the complainant applied for transferring the said connection in his name. But ultimately there was no fruitful result. It has been further stated that the meter reading up to year 2012 was taken more or less regularly by the department but since 2013 there was a gross negligence on the part of the Electricity Department in taking the meter reading. The meter reading in the year 2013 was not taken by the department. In the year 2014 only once i.e. on 02/06/2014 meter reading was taken. In the year 2016 only once i.e. on 07/11/2016 meter reading was taken. Recently in the month of January, 2017, the outstanding bill has been shown as Rs. 13911/- (Rupees Thirteen Thousand Nine Hundred Eleven Only). The complainant several times requested the Electricity Department to redress his grievances but ultimately there was no fruitful result. On 10/03/2019 the complainant received message that your monthly bill of Rs.22,948/- (Rupees Twenty Two Thousand Nine Hundred Forty Eight Only) is to be paid on 20/03/2017. After getting such message the complainant became perplexed and he further states that the bill is excessive and the complainant further asserted that the meter is not defective. Suddenly on 25/10/2017 the employee of the Electricity Department came to the mill premises and cut off the power supply of the mill on the ground that the bill has not been paid by me. Thereafter on 28/10/2017 the complainant paid Rs. 32,180/- but till now no connection has been restored. This is why the complainant has come to this Forum with a prayer for reconnection of electricity in the husking mill and other prayer.                                                                                                                                                 

The petition has been contested by the O.Ps by filing written version denying all the material allegations as leveled against the department contending inter alia that the instant case is not maintainable in its present form. The complaint is barred by the principle of waiver, estoppels and acquiescence.

The further defense case is that the complainant is a habitual defaulter and he never paid the bill in proper time. The further definite defense case is that the employee of the O.P. No.1 regularly took the meter reading of the meter of complainant since 30/08/2016 to 27/10/2018. During the month of December, 2016 to April, 11 2017 the concerned meter of the complainant was showing defect but on 25/05/2017 the said meter reading was rectified as 137345 KWH. Thereafter, several times the doors of the complainant’s house was locked. On 04/08/2017 on estimated consumption of 488 KWH bill was prepared on 03.09.2017 and on 04/10/2017. It was shown as 0 units. The complainant did not pay the bill from 09/12/2016 to 27/10/2017. As such due to non-payment of bill the service connection was disconnected. But on 28/10/2017 the complainant paid Rs. 32,580/- (Rupees Thirty Two Thousand Five Hundred Eighty Only) and Rs.100/-(Rupees One Hundred Only) for reconnection as such the service connection was restored. It has been further stated that the meter reading on 24/10/2017 was 139349 KWH. As the complainant is not paying bill as such the instant case is liable to be dismissed.

During trial the complainant was himself examined as PW-1 and cross-examined. No other witness was examined on behalf of the complainant. On the other hand the O.P. has examined one witness viz. Arko Basak Assistant Engineer and Station Manager, Malatipur Customer Care Centre (CCC) as O.P.W.-1. No other witness was examined.

Now the point for consideration whether the complainant is entitled to get any relief as prayed for?

::DECISION WITH REASONS::

          On perusal of the petition of complaint it is found that the complainant has prayed for reconnection of the electricity in the husking mill of his meter having Consumer No. ID342164911. But on perusal of the W/V and on perusal of the evidence of O.P.W.-1 it is found that the complainant has paid the arrear dues to the tune of Rs.32,580/- (Rupees Thirty Two Thousand Five Hundred Eighty Only) along with reconnection fees as such service connection was restored.

On perusal of the petition of complaint it is found that there is a dispute as regards to the unit of consumption of electricity. In view of the case law reported by the Hon’ble State Consumer Disputes Redressal Commission, West Bengal in its first appeal A907/2017( Divisional Engineer and Divisional Manager South Dinajpur V/S. Smt. Asha Das)  the Hon’ble State Commission held that when there was a dispute as regards to the electric bill the consumer will pray to the Regional Grievance Redressal Officer in accordance with the Regulation 3.5.1 of Notification No. 55/WBERC dt. 07/08/2013. According to the Regulation 3.5.1 in case there is any dispute in respect of the bill amount, the consumer may lodge a complaint with the Grievance Redressal Officer or the Central Grievance Redressal Officer of the Licensee and thereafter to the Ombudsman in appeal against the order of the Grievance Redressal Officer or the Central Grievance Redressal Officer, in accordance with the provisions of the concerned Regulations. So, in view of that case law as decided by the Hon’ble State Commission this Forum has got no jurisdiction to decide the matter in question as it relates to the dispute of the bill amount.

The Hon’ble State Commission also expressed the same view in Revision Petition No. RP 102/2018 arising out of the case of Malda District Consumer Forum.

So considering such facts and circumstances it is found that the instant case is not maintainable as such liable to be dismissed.

 C.F. paid is correct.

Hence, ordered that

the case be and the same is dismissed on contest without any cost.

Let a copy of this judgment be given to the Complainant/O.P. free of cost on proper application.