West Bengal

Murshidabad

CC/123/2016

Mrinmoy Biswas - Complainant(s)

Versus

Station Manager, WBSEDCL, Amtala CCC - Opp.Party(s)

Surojit Banerjee

06 Sep 2017

ORDER

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

CASE No.CC/123/2016  .

 Date of Filing:            16.08.2016.                                                                                           Date of Final Order: 06.09.2017.

Complainant :             Mrinmoy Biswas, S/O Late Jujusto Biswas, Vill. &P.O. Sarbangapur, P.S. Nawda,

                        Dist. Murshidabad. Pin 742174.

-Vs-

Opposite Party: The Station Manager, WBSEDCL, Amtala CCC,Vill.&P.O. Amtala,

                           Dist. Murshidabad. Pin 742202.

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

                                       Sri Manas Kumar Mukherjee….…………….  Member

FINAL ORDER

            Sri Anupam Bhattacharyya, Presiding Member.

This complaint has been filed by the complainant U/S 12 of C. P. Ac t, 1986 praying for direction upon the OP to cancel the bill dt. 20.2.2016 and to restore the electric line of the complainant.

The case of the complainant, in brief, is that he is a domestic consumer having Consumer I.D No. 312126148 by enjoying electricity supplied by the OP. His electric meter situation in his Plot No. 2924 was stopped in the month October, 2015. The complainant requested to the OP to replace the stopped meter but the OP, without replacing the same, started sending supplementary bills and the he used to pay the same on regular basis. The Meter Reader of the OP Company with some ulterior motives recorded 13700 units on 28.10.15 and an exorbitant bill of Rs.99, 018.81 was sent to the complainant. As per version of the complainant, the bill is inflated; fictitious as he did not consumed such high units of 13798. Many a times, the complainant requested to correct the bill 20.02.2016 but the OP disconnected the electric line of the complainant on 29.07.2016 which is illegal, arbitrary, whimsical and in contravention of I.E. Act.  Again, the complainant requested the OP for rectification of the impugned bill and restoration of his electric line but all his efforts proved abortive. There is deficiency in service on the part of the OP Company. Hence, the  instant complaint.

The case of the OP-Company, in short, is that while went to replace the good condition of conventional meter No. 4M299862 into Computer Meter on 20.11.2015 it was noticed that the meter reading of the Conventional Meter was 13798 units. So, the accumulated units was (13798 – 2975) = 10,823 units. The old replaced meter was a good one and was kept in OP’s custody. After replacing the meter, the bill was raised on 20.02.2016 for 10823 +45 = 10868 units for the sum of Rs.98,181. The complainant filed an application for correction of the bill. After scrutiny, it was found that the paid units were not deducted at the time of generating the bill. Now the petitioner has to pay cost of (10868 – 4046) = 6822 units. A new bill dt. 23.05.16 for Rs. 59,789/- was generated after necessary correction and was sent to the complainant but the complainant did not pay the said bill. So, the electric line was disconnected on 28.07.2016. The OP has no deficiency. The complaint of complainant is liable to be rejected.

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

                                           Points for Decision.

1. Whether the complaint is maintainable in its present form and in law?
2. Whether the complainant has any cause of action to file the case?
3. Whether the complaint is barred by law of Limitation?
4. Whether the complainant is entitled to get relief as prayed for?
5. 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.

                This complaint is for direction upon the OP to cancel the bill dt. 20.2.2016 and to restore the electric line of the complainant.

The case of the complainant is that after replacing the old meter the OP sent a huge bill amounting to Rs. 99,018.81 which is not correct as per his consumption.

On the other hand, the case of the OP is that old meter was not defective. Huge accumulated units were found in the old meter which complainant had already consumed but did not pay. After scrutiny on the basis of application of the complainant for correction the op sent regenerated bill deducting the paid units on 23.05.16 for Rs.59789/- . The said re-generated bill is correct and justified one. The complainant is bound to pay the bill.

To prove the case the complainant has filed one prayer petition dt. 11.05.16, one impugned electric bill dt. 20.02.2016 for Rs.98, 181.00, Xerox copy of Yellow Card showing last meter reading on 3.5.16 for 551 units. Evidence-on-affidavit but no receipt of previous payment has been filed.

On the other hand, the OP-WBSEDCL has not adduced any evidence on affidavit nor adduced any document in support of his case as to fresh bill of Rs. 59,798/- deducting price of 4046 units for payment already made.

Be that as it may there is no document as well as any challenge from the side of the complainant showing any receipt as to payment of any amount for the period of the disputed bill dt.20.02.2016.  

In this case admittedly the meter has been replaced and the disputed bill is after replacement and there is nothing to dispute regarding the reading and payment already made by the complainant which has been adjusted by the OP and present claim of the OP-WBSEDCL on 23.05.16 amounting to Rs.59, 789/- as mentioned in the written version and for non-payment of the same, electric line of the complainant was disconnected on 28.07.16.  

Considering the material on record as discussed above, we have no other alternative but to conclude that the complainant cannot avoid the liability of the payment of outstanding dues but considering the amount with liberal view, we are of opinion  that the complainant will get opportunity of payment of the same by twelve

Hence,

                                                              Ordered

That the Consumer Complaint No. 123/2016 be and the same is hereby allowed on contest but in part.

The complainant will get opportunity of payment of Rs.59,789/-  by 12   per month  and the last installment for Rs.4,789/- and the same is to be paid within fortnight of each month along with payment of current bill and the OP is to reconnect the electric line of the complainant within seven days after payment of the first installment.

In default on the part of the OP after getting the first installment, the OP is to pay fine @ 50/- per day’s delay and the amount so accumulated shall be deposited by Demand Draft in the Consumer Legal Aid Account.

The OP-WBSEDCL will be at liberty to disconnect the electric line of the complainant in case of default in payment of any installment.               

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