IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/181/2017.
Date of Filing: Date of Admission: Date of Disposal:
01.11.17 08.11.17
Complainant: Safina Bewa
W/o Lt. Nurul Sk,
Vill-Dohitpur, PO-Tildanga,
PS-Farakka, Dist-Murshidabad
Pin-742212
-Vs-
Opposite Party: 1. The Station Manager,
Farakka Customer Care Centre,
WBSEDCL, PO&PS-Farakka,
Dist-Murshidabad
Pin-742212
2. The Divisional Manager
Raghunathganj Division
WBSEDCL, Vill- Ummarpur, PO-Ghorsala
PS- Raghunathganj, Dist-Murshidabad
Pin-742235
Agent/Advocate for the Complainant : Sri. Partha Sarathi Ghosh
Agent/Advocate for the Opposite Party No. 1 : Sri. Siddhartha Sankar Dhar.
Agent/Advocate for the Opposite Party No. 2 : None.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
One Safina Bewa (here in after referred to as the Complainant) filed the case against the Station Manager, Farakka Customer Care Centre, WBSEDCL, Farakka and another (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant is a consumer and she has an electric connection being consumer ID No. 313291418 and she has been regularly paying electricity charges to the OPs as per her consumption. On 13.03.15, the Complainant received a bill amounting Rs.39,798/- which shocked her who compelled to file a case being No. CC/146/2015 dated 14.10.15 and after due consideration and on hearing of both sides this Forum passed its order dated 17.08.16 directing the OPs to cancel the disputed bill (reading date 06.03.15) along with all bills from and after the disputed bills and to rectify the meter and give reconnection to the Complainant within fifteen days by raising fresh bill from zero unit on the basis of average unit consumption. Ultimately, the OPs gave reconnection on 21.07.17 and new reading card was delivered on 31.08.17 when a reading of eighteen units was shown. Subsequently, the OPs issued two separate bills in the name of the Complainant for same connection vide bills dated 01.07.17 and 02.07.17 wherein the first one previous reading is noted 1700 units and bill is prepared for 2093 units for the period on 11.07.17, 10.08.17 and 11.09.17 with an outstanding and chargeable due amount of Rs.5,394/-, Rs.4,470/- and Rs.4,470/- totaling Rs.14,126/- after deduction arise it is also mention as previous due and chargeable amount of Rs. 13,545/- for the period from Sep’14 to Nov’14.
The second bill dated 02.07.17, the OPs took the previous reading 3793 units with present reading 5793 units and charge for consumption of electricity of 2000 units for the months of 12.07.17, 11.08.17 and 11.09.17 with chargeable amount of Rs.18,779/-, Rs.4,299/- and Rs.4,399/- totaling Rs.27,167/- and apart from that the bill also furnished claim of Rs.13,026/- for the period from Dec’14 to Feb’15. The OPs prepared the bills without any basis by violating the direction of this Forum passed in CC/146/2015 and the OPs have deficiency in service. The Complainant prayed for compensation of Rs.1,00,000/- and a direction upon the OPs for rectification of the bills.
The OP No.1 contested the case by filing written version on 13.06.18 contending that the case is not maintainable. The OP No.1 admitted the fact of filing of CC/146/2015 and its final order dated 17.08.16. It is the specific case of the OP No.1 that the energy meter was replaced by 21.07.17 from starting unit zero and going by the previous consumption i.e. from 06.03.15 to 06.09.15, the consumption was 1704 units i.e. 9.26 unit per day. So, taking such average consumption the consumption for the period of 01.07.14 to 06.03.15 was 2093 units and 06.03.15 to 09.10.15, the average consumption was 2000 units. So, the bill for the period was Sep’14 to Nov’14 was 2093 units and Dec’2014 to Feb’2015 was for 2000 units. There is no deficiency in service on the part of the OPs.
The OP No.1 has prayed for rejection of the complaint.
The OP No.2 did not contest the case in spite of service of notice.
On the basis of the above version the following points are framed for proper adjudication of the case :
Points for consideration
1. Isthe Complainant a consumer under the provision of the CP Act, 1986?
2. Has this Forum jurisdiction to entertain the complaint?
3. Have the OPs any deficiency in service, as alleged?
4. 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 as she hired services of the OPs for consideration.
The Ld. Advocate for the O.P. No.1 has not argued on this point.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986.
Point No.2
The Ld. Advocate for the Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Ld. Advocate for the Complainant submits that the OP No.1 issued bills dated 01.07.17 and 02.07.17 without any basis. It is argued that the OP No.1 took the average during the period from 06.03.15 to 06.09.15. It is urged that the OP No.1 ought to take the average before the period of the bill dated 13.03.15. He further argues that the OP No.1 supplied the new reading card on 31.08.17. It is contended that the calculation of average made by the OPs is baseless and incorrect. He prays for a direction upon the OPs to issue fresh bills on the bases of average as per order passed in CC/146/2015. He submits that the OPs have deficiency in service.
The Ld. Advocate for the OP No.1 submits that the OP No.1 has prepared the bills on average basis and total claimed units is 4093 which is lower than the previous bills. He argues that the OP No.1 has no deficiency in service.
We have gone through the written complaint, written version, evidence of the Complainant, the Final Order dated 17.08.16 passed by this Forum in CC/146/2015.
Admittedly, the new meter connection date was 21.07.17 and meter reading as on 31.07.17 was 18 units. The OP No.1 took the average on the basis of previous consumption from 06.03.15 to 06.09.15. The Ld. Advocate for the Complainant has raised objection on the basis of average calculation.
On a careful consideration we are of the view that neither of the parties will be prejudiced if the OP No.1 is directed to take the consumption units of the Complainant during the billing months from November, 2014 to May, 2015 and from 21.07.17 to 20.01.18 for calculation of average units per month during the disputed billing period i.e. from Sep’14 to Feb’15.
We think that the OP No.1 has deficiency in service.
Reasons for delay
The Case was filed on 01.11.17 and admitted on 08.11.17 . 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 CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
Fees paid are correct.
In the result, the complaint case succeeds in part. Hence, it is
ORDERED
that the complaint Case No. CC/181/2017 be and the same is hereby allowed in part against the OP No.1 without cost and dismissed ex-parte against the OP No.2 without cost.
The OP No.1 is directed to calculate the average units per month on the basis of consumption during the billing months from November, 2014 to May, 2015 and from 21.07.17 to 20.01.18 for the disputed period i.e. from Sep’14 to Feb’15 and prepare a bill afresh on average basis for the period from Sep’14 to Feb’15 by 60 days from the date of this order.
The Complainant is directed to pay the bill within 15 days from the date of receipt of the bill period from Sep’14 to Feb’15 as per order from OP No.1.
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.
