IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 86/2017
Date of Filing: 01.06.2017 Date of Final Order: 08.08.2018
Complainant: Layala Bibi, W/O Kuddus Sk., Vill. Ramna Satberiya, P.O. Gangadaspara,
Dist. Murshidabad, Pin 742313.
-Vs-
Opposite Party: Station Manager, Domkal CCC, WBSEDCL, P.O.& P.S. Domkal
Dist. Murshidabad, Pin 742303
Agent/Advocate for the Complainant : Abdul Wadud Sarkar.
Agent/Advocate for the Opposite Party : Sri Siddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati…………………. President.
Smt. Chandrima Chakraborty ……………………..Member.
FINAL ORDER
Sri Asish Kumar Senapati -President.
This is a complaint U/s 12 of the C. P. Act, 1986.
One Layala Bibi (herein after referred to as the complainant) filed the case against the Station Manager, Domkal CCC, WBSEDCL (herein after referred to as the OP) alleging deficiency in service praying for exemption to pay Rs.2, 29,918/- to the OP.
The gist of the Complaint is as follows:
The complainant is a consumer of electricity under the O .P. being Consumer No. R804541 and she paid the bills for the period from August,2013 to September, 2013 but she received a bill from November to January, 2013 amounting Rs. 299.18 which is absurd. The Complainant prayed for exemption of payment of the said amount.
The OP put its appearance and filed W/V on 29.08.17 alleging that this Forum has no jurisdiction to entertain the billing dispute and there is no deficiency in service on the part of the OP.
It is the specific case of the OP that the complainant is not a consumer under the OP and the bill for the period from 01.01.12 to 24.08.13 was generated for only 145 units and on spot billing system in November reading was found 3823 units as on 04.11.2013. So, the total unit consumed was 3823 from 01.01.12 to 4.11.13. The spot bill was generated for accumulation 3678 units and the bill was not updated in the system. In the system, bill was generated for 1955 units giving slab benefits for 24 months amounting to Rs.3658 as on 30.11.2013. The consumed unit was recorded 30.11.13 to 9.11.13was for 3823 units to 5092 units i.e. 1269 units out which ill was generated for 2100 units to 2250 units i.e. for 150 units. From 09.02.2014 to 08.05.2014 bill was generated from 2250 units to 2289 units i.e. for 39 units and from 08.05.14 to 10.08.14 bill was generated from 2289 units to 2349 units i.e. for 60 units. The rest of the accumulated bill was not updated in the system in the November 2013 and the same was generated on 09.11.14 .In the quarter, the total bill was generated for units consumed of 2743 units amounting Rs.23, 411.35. Considering the case of accumulated bill, the complainant was granted to make payment through installments process and deposited Rs.5, 000/- on 28.01.15 and monthly installments plan of 15 Nos. from 26.02.15 to 26.04.16 @ Rs.1257 per month was made by the OP for repayment of the amount. The first installment was paid by the complainant on 26.5.15 but did not pay the rest installments. On 16.5.15 the petitioner again made payment of Rs.5,000/- and re-installment monthly plan of 10 numbers from 16.06.2015 to 16.03.2016 amounting to Rs.1485/- per month was done on 16.5.15 for remaining amount including new bill generated. The complainant paid re-installment plan amounting Rs.1490/- on 16.06.15 and Rs.1485/- on 20.07.2015 and deposited an amount of Rs.3100/- on 20.08.2015 but did not pay any re-installment amount after 20.8.15 and got defaulted. After that the complainant started payment of new generated bills only i.e. Rs.900/- on 18.11.2015, Rs.708/- on 04.02.2016, Rs.620/- on 16.5.16, Rs.500/- on 12.8.16 and Rs.600/- on 15.11.16. The complainant again made payment of Rs.5000/- on 5.11.17 and re-installment plan of 6 Numbers from 3.2.17 to 03.07.2017 @ 993/- per month was done for the remaining amount including new bill generated. The complainant paid the first installment of Rs.994/- on 2.2.17 and after that the complainant did not pay any amount. The complainant has an outstanding amount of Rs.7822/- and her line was disconnected on 30.06.17. The complainant has not been staying at that premises and she has shifted her residence to a new place and got new service connection in the name of one Md. Kuddus Ali bearing Consumer I.D. No. 30113841.
The OP prays for dismissal of the complaint.
On the basis of the above versions, the following points are framed for proper adjudication of the case.
Points for Decision.
- Is the complainant a consumer in terms of the provision of the C. P. Act, 1986?
- Has this Forum jurisdiction to entertain the case?
- Has the OP deficiency in service, as alleged?
- Is the complainant entitled to get relief/reliefs, as prayed for?
Decision with Reasons.
Point No.1.
Ld. Advocate for the complainant submits that the complainant has filed the case as a consumer and she has electric connection vide Consumer I.D No. R8041541.
It is argued that there is a consumer dispute between the parties.
On going through the written complaint, written version and the Xerox copies of documents, we find that the complainant is a consumer of electricity and she is a ‘’consumer” in terms of the provisions of the C. P. Act, 1986.
Point No.2.
The Ld. Advocate for the complainant submits that this Forum has both pecuniary and territorial jurisdiction to entertain the case.
Having gone through the materials on record, we find that this Forum has both pecuniary and territorial jurisdiction to entertain the complaint.
Point Nos. 2&3.
The Ld. Advocate for the complainant submits that the OP has sent a bill for the period from November,2013 to January,2014 not in accordance with the consumption of electricity and the OP has no right to claim the excessive bill from the complainant.
She further argues that the OP has disconnected the supply of electricity. She prays for a direction upon the OP so that the complainant may be exempted to make payment of the amount of Rs.2,29,918/- as per bill for the period from November,2013 to January,2014.
In reply the Ld. Advocate for the OP submits that the complaint is barred by provisions of the C .P. Act, 1986. It is argued that the complainant has defaulted in payment of the bill for the period from November,2013 to January, 2014. It is urged that the complainant has not filed the case within period of 2 years as per provisions of the C. P. Act, 1986.
He has further argued that the complainant was a habitual defaulter in payment of electricity bills and the OP allowed installments on several occasions so that the complainant might repay the due amount but the complaint defaulted in payment of due amount in spite of installments granted, resulting disconnection of electricity on 30.6.17, as per rules. It is argued that the OP has no deficiency in service.
The complainant filed the complaint on 01.06.17 in a very cryptic manner. She disputed the correctness of the electricity bill during the period from November,2013 to January 2014. The complainant has not assigned any ground for disputing the bill for the period from November,2013 to January 2014 after a period of more than 3 years. Therefore, the Case is barred U/S 24A of the C.P.Act,1986.
The dispute of the complainant is mainly billing dispute. The Hon’ble State Commission circulated an order of the Hon’ble State Commission dated 01.06.18 passed in FA/1087 of 2017 where in it has held that the “pleading of the parties and the materials on record clearly manifest that the dispute is apparently a billing dispute. For appreciation of the situation, it would be worthwhile to refer Clause 3.5 of Notification No. 55 of W3est Bengal Electricity Regulatory Commission published in Kolkata Gazette (Extra-Ordinary) dated 7.8.2013 appears to be relevant and the said Clause 3.5 of Notification of West Bengal Electricity Regulatory Commission provides
-procedure for redressal of the grievance in any dispute in respect of billed amount.”
In the present case, the complainant has not taken recourse of the provisions of Clause 3.5 of the West Bengal Electricity Regulatory Commission.
It is also clear from the Written Version and the submission of the Ld. Advocate for the OP that the complainant has failed and neglected to pay the amount in terms of installments allowed by the OP, resulting disconnection of her electric connection on 30.06.17. We have already held that the case is barred U/s 24A of the C. P . Act, 1986 . The OP has neglected to make payment of her electricity dues. We find that the electric connection of the complainant was disconnected on 30.06.17 due to non-payment of installments. We find that the OP has no deficiency in service.
Therefore, the complainant is not entitled to get any relief in this case.
Reasons for Delay:-
This case was filed on 01.06.2017 and the OP put its appearance and filed W/V on 29.08.2017. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the Section 13(3A) of the Consumer Protection Act, 1986. The cause of delay is also explained in day to day orders of the case.
In the result, the complaint fails.
Hence,
Ordered
that the Consumer Complaint No. 86/2017 be and the same is hereby dismissed on contest against the OP but without any order as to cost.
Let a plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website: confonet.nic.in
Dictated & corrected by me.
President.
Member President.
