Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant U/S 12 of C.P. Act, 1986 praying for direction upon the OP for reconnection of the electric line of the complainant and for sending a fresh bill rectifying the disputed bill and for compensation of Rs.5,000/- and for cost of Rs.5,000/-.
The complainant’s case, in brief, is that the complainant took domestic electric connection from OP vide consumer ID No.301734799 and on 09.03.16 got first bill for Rs.2624/- for 360 units and the complainant has paid the same on 19.03.16. Thereafter, he received two average bills for 868 units each for May’16, June’16 and August’16 for Rs.9484/- respectively and the complainant raised objection and on 06.06.16, the men of the OP checked the meter and found the same as defective and on 14.08.16, installed a new meter but the OP has not yet sent any fresh corrected bill inspite of repeated request. Hence, the instant complaint case.
The written version filed by the OP-WBSEDCL, in brief, is that the OP on 25.05.16 found the meter to be defective and average for 868 units on the basis of earlier bill for 33 days for 360 units which comes to 10.91 units per day for 5/16 to 7/16. On 16.08.16 new meter No.OB4382069 was installed replacing the defective meter. The next bill was raised from 25.05.16 to 25.08.16 with average estimated units of 868 units and from 16.08.16 to 25.08.16 i.e. 366 units. So, the total bill was for 1234 for the month of August’16 to October’16. The newly installed meter shows that the reading is 366 units for 9/10 days. The complainant is a defaulter, so the OP has every right to disconnect the Electric Connection. This Forum has no jurisdiction to try the matter relating to billing dispute. The complaint is liable to be rejected. Hence, the instant written version.
Considering the pleadings of the parties the following points have been raised for the disposal of the case.
Points for Decision
Point Nos. 1 to 6
- Whether the case is maintainable in its present form and in law?
- Whether the complainant is a consumer under the ambit of C. P. Act, 1986?
- Whether the case is barred by law of limitation?
- Whether the complainant has any cause of action to file the present case?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
All the points are taken up together for the sake of convenience.
The instant complaint has been filed by the complainant praying for direction upon the OP for reconnection of the electric line of the complainant and for sending a fresh bill rectifying the disputed bill and for compensation of Rs.5,000/- and for cost of of Rs.5,000/-.
The complainant’s case, in brief, is that the complainant took domestic electric connection from OP vide consumer ID No.301734799 and on 09.03.16 got first bill for Rs.2624/- for 360 units and the complainant has paid the same on 19.03.16. Thereafter, he received two average bills for 868 units each for May’16, June’16 and August’16 for Rs.9484/- respectively and the complainant raised objection and on 06.06.16, the men of the OP checked the meter and found the same as defective and on 14.08.16 and installed new meter on 14.08.16 but the OP has not yet send any fresh corrected bill inspite of repeated request.
To prove the case the complainant adduced evidence on affidavit alongwith the relevant documents in support of his case.
The complainant has prayed for immediate reconnection of his electric line after receiving payment of initial amount of Rs.3000/- and for furnishing fresh bill since installation giving slab benefit and adjusting the amount already.
The Ld. Lawyer for the OP-WBSEDCL has raised objection against the submission of the Ld. Lawyer for the complainant.
Admittedly, the meter was defective and the average bill so, sent were double charge and for that we of the view that the complainant is entitled to get opportunity of payment of fresh bill with slab benefit since installation of the last meter till the current period after adjusting the payment already made with five equal monthly installments alongwith current bill and complainant will get reconnection of this electric line within 24 hours after initial payment of Rs.3000/-.
Hence,
Ordered
that the Consumer Complaint No. 06/2017 be and the same is hereby allowed on contest in part without any order as to cost.
The complainant is entitled to get opportunity of payment of fresh bill with slab benefit since installation of the last meter till the current period after adjusting the payment already made with five equal monthly installments alongwith current bill and complainant will get reconnection of this electric line within 24 hours after initial payment of Rs.3000/-.
The complainant is directed to make payment of Rs.3000/- to the OP-WBSEDCL as initial payment for the service connection reconnected. After receiving the payment, the OP is directed to reconnect the electric line of the complainant within 24 hours.
In default the OP is to pay fine @Rs.50/- per day and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
The complainant is also directed to go on paying the current bills alongwith the fresh bills.
In default of any installment, the OP is at liberty to disconnect the electric line of the complainant as per rules of Indian Electricity Act.
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.
