IN THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/68/2017
Date of Filing: 26/04/17 Date of Final Order: 28/09/18
Complainant: Tajuddin Biswas
S/O Late Mansur Ali Biswas
Vill & P.O. Kupila P.S. Domkal
Dist- Murshidabad pin-742303
-Vs-
Opposite Party: 1) Station Manager, WBSEDCL
Domkal CCC, P.O- Domkal,
P.S.- Domkal, Dist-Murshidabad,
Pin-742303
2) The Assistant Engineer, WBSEDCL
Domkal CCC P.O.-Domkal
P.S.-Domkal Dist-Murshidabad
Pin-742303
Agent/Advocate for the Complainant : Sri Indranil Banerjee
Agent/Advocate for the Opposite Parties: Sri Siddhartha Sankar Dhar
Present: Sri Asish Kumar Senapati…………………..........President.
Smt. Chandrima Chakraborty …………………...Member.
FINAL ORDER
ASISH KUMAR SENAPATI, PRESIDING MEMBER.
This is a complaint under section 12 of the CP Act, 1986.
One Tajuddin Biswas (here in after referred to as the Complainant) has filed the case against the Station Manager, WBSEDCL, Domkal CCC and another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint is as follows:
The Complainant is a consumer of electricity having consumer ID No.312019105 since 07/04/86 and his old electric meter was replaced on 01/01/12. After installation of new meter, the OPs did not provide any electricity bill in spite of repeated requests and ultimately the electric connection was disconnected on 24/12/12. Subsequently, the Complainant paid the outstanding bill of Rs.8496/- along with reconnection charge of Rs.100/- on 13/06/14 and his electric meter was reconnected. The Complainant came to know from the web portal that there was no dues left for the accounting years 2011-12, 2012-13, 2013-14 but the office of the OP verbally demanded Rs.80,856/- as outstanding dues. The OPs did not provide the electricity during the period of disconnection and the bill supplied by the OP showing consumption of 8737 units during the period from 13/01/15 – 28/09/15 is absurd. The Complainant made a complaint before the OP in writing on 24/03/17 for rectification of the bill but of no result.
Hence, the Complainant has filed the case praying for waving of the amount of Rs.79,380/- and compensation of Rs.20,000/- against the OPs.
The OPs put their appearance and filed written version on 04/07/17 inter alia denying the material allegations made out in the complaint, contending that this Forum has no jurisdiction to deal with the matter relating to billing dispute. The OPs also denied the fact of non-issuance of electric bill to the Complainant. It is the specific case of the OPs that the Complainant is a consumer of electricity having consumer ID No. 312019105 since 07/04/86 and the old meter was replaced on 01/01/12 being meter No.31122584. During the period when the previous meter was stopped, average consumption of 550 units per quarter was raised in the bill. After installation of new meter, the first 3 months consumption was 741 units for the period from 01/01/12 – 10/04/12 but due to non-payment of the bill for the period from 01/05/11 – 31/05/12, the connection was disconnected on 06/06/12. After such disconnection, the Complainant paid a sum of Rs.5733/- on 08/06/12 for the period from 5/11 – 12/11. The rest amount of bill was not paid since 14/05/14 so the electric connection was disconnected in the system. The Complainant did not appear in the office of the OPs for about 2 years for payment of the bill. The authorized meter reader informed the OPs that the meter of the Complainant was running in his premises for which the officials visited the premises of the Complainant and disconnected the line in May, 2014. After that the Complainant paid his outstanding dues on 14/05/14 amounting Rs.8496/- and Rs.100/- for disconnection / reconnection charges and the connection was restored. The consumption of the meter from 24/11/12 - 5/14 was not billed after 24/11/12. The bill was raised on 10/07/14, it was a 0 unit consumption bill since consumer was disconnected in system. After 10/07/17, the next bill was raised on 12/01/15 which was only 44 units. His actual consumption was raised on 12/15 for 9070 units amounting Rs.76,619/-. The bill was raised for the consumption period from 10/04/12 – 12/15 i.e. for 3 years 8 months, almost 618 units per quarter which is similar to his average billing consumption of previously installed stopped meter for each quarter when the accumulation bill was raised. The Complainant applied for a check meter which was installed on 19/03/16 and opened on 11/04/16 and found no defect in the meter. The bill was generated on 19/10/16, at that time the meter reading was 10840 units for the period from 12/01/15 to 19/10/15 amounting Rs.77,640/-. The Complainant again applied for checking of meter and a check meter was installed on 29/12/16 which was opened on 30/01/17 and the reading of those meters proves that there is no defect in the meter. The petitioner was requested to pay the dues but of no result. On 24/0317 the reading was 11275 units and the outstanding was Rs.83193/-. The petitioner has not filed the case in clean hands so the case is liable to be dismissed.
On the basis of the above versions following points are framed for proper adjudication of the case.
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OPs?
- Is the Complainant entitled to get any relief, as prayed for?
Point No.1
The Ld. Advocate for the Complainant submits that the Complainant is a consumer of electricity as he hired the services of the OPs on payment of consideration.
In reply, the Ld. Advocate for the OPs submits that the Complainant has not come with clean hands by suppressing the material facts.
We have gone through the written complaint, written version, evidence and written argument submitted by the Complainant. We find that the Complainant is a consumer of electricity under the OPs as he hired the services of the OPs on payment of for consideration. Hence, we have no hesitation to hold that the Complainant is a consumer in terms of CP Act, 1986.
Point No.2
The Ld. Advocate for the Complainant submits that this Forum has both territorial and pecuniary jurisdiction to entertain the complaint.
Per-contra, the Ld. Advocate for the OPs submits that this Forum has no jurisdiction to entertain the complaint.
On a careful consideration, we find that the Complainant has been able to establish a consumer dispute between the Complainant and the OPs and this Forum has both territorial and pecuniary jurisdiction to entertain the complaint. Hence, we hold that this Forum has both territorial and pecuniary jurisdiction to entertain the complaint.
Point Nos.3 & 4
The Ld. Advocate for the Complainant submits that the Complainant is a consumer of electricity since 07/04/86 and his meter was disconnected on 24/11/12 and it was restored on 13/06/14 after payment of outstanding, dues and reconnection charge of Rs.100/- on 13/06/14. It is contended that the demand of about 80,000/- as outstanding from the Complainant is absurd and baseless. It is submitted that the OPs claimed electricity charges even during the period of disconnection. He argues that the OPs have deficiency in service and OPs are not entitled to get the claimed amount of Rs.79,380/-. He prays for compensation of Rs.20,000/- against the OPs for mental agony and harassment of the Complainant.
In reply, the Ld. Advocate for the OPs submits that the meter was checked twice as per request of the Complainant and the meter was found alright. He submits that the OPs have submitted the meter checking report with check meter dated 30/01/17 which also bears the signature of the Complainant from where it appears that the meter of the Complainant and the check meter show the same reading. He argues that the OPs have claimed the electricity bill as per consumption of the Complainant noted in his electric meter. He further argues that this Forum cannot entertain any billing dispute. He submits that there is no deficiency in service on the part of the OPs. He prays for dismissal of the complaint.
We have gone through the written complaint, written version, evidence and written argument filed by the Complainant and the documents filed by both sides.
Admittedly, the Complainant is a consumer of electricity. Admittedly, the old meter of the Complainant was replaced on 01/01/12. Admittedly, the electric connection was disconnected on 24/11/12 for non-payment of bill and it was restored on 13/06/14. It appears from the meter checking report with check meter that the meter is not defective. The OPs have claimed electricity charges as per meter reading. It is true that this Forum cannot resolve any billing dispute as we have no machinery to check whether the billing made by the OPs is correct or not ? The Complainant has his option to lodge complaint with the Grievance Redressal Officer of the OPs for resolving the dispute. As the OPs claimed energy charges from the Complainant as per meter reading , we find no justification to hold that there is any deficiency in service on the part of the OPs. Hence, we hold that the Complainant has failed to establish any deficiency in service on the part of the OPs and the Complainant is not entitled to get any relief against the OPs.
Reasons for delay
The Case was filed on 26/04/17 and admitted on 04/05/17. The OPs contested the case by filing W.V. on 04/07/17. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the C.P. Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the complaint case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint case be and the same is hereby dismissed on contest against the OPs without any order as to cost.
Let 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.
