IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 136/2017.
Date of Filing: 07.09.2016. Date of Final Order: 19.07.2017.
Complainant: Dost Mohammad, S/O Motleb Sk., Vill.& P.O. Ramchandrapur, P.S. Khargram,
Dist. Murshidabad.
-Vs-
Opposite Party: The Station Manager, Khargram C.C.C, WBSEDCL, P.O.& P.S. Khargram,
Dist. Murshidabad.
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. Act, 1986 praying for a direction upon the Opposite Party to remit the interest of the outstanding bill for the period of March 2014 and February to July, 2016.
The case of the complainant, in short, is that he has a submersible pump being A.G. No. 5163 having I.D. No. 313185670 and installation No. 14284176 Consumer No. S 541311.The complainant pays the bills regularly as and when the OP sends the bills. Suddenly, on 21.07.2016 the OP sent an exorbitant bill amounting to Rs. 44,636.16. Due to financial crunch the OP had some dues and he paid the said outstanding dues in two installments of Rs.15,209/- on 15.3.2014 and Rs.27,174/- on 18.03.2014. The Opposite Party announced in the locality by miking that the interest of the outstanding bills is waived. The alleged bill dt. 21.07.2016 for Rs. 44,436.16 is illegal and baseless. On 30.07.2016 6 the complainant ,by filing a petition, requested the OP to remit the interest of the outstanding bills for the period of March, 2014 and February to July,2016 but the Opposite Party denied and the complainant having no other alternative but to file this complaint before this Forum. Hence, the instant complaint case.
The case of the Opposite Party, in brief, is that the complainant paid a sum of Rs.15,209/- on 15.03.2014, Rs.27,174 on 18.3.2014, Rs.500/- on 29.01.2015, Rs.3092/- on 02.03.2015 and Rs.7233/- on 24.02.1016. As the petitioner never paid the bills regularly, so the previous outstanding bills carry to the next bill. The total outstanding dues till date is 49,693/- for the bill period of March, 2014 and February to November, 2016. No interest on paid outstanding dues is claimed but LPSC has been claimed as per ERC Regulation. There was no announcement nor any commitment made regarding waiver of LPSC by the Opposite Party. The Opposite Party has no right to waive the LPSC. The complainant is bound to pay the outstanding dues. There was no deficiency in service on the part of the Opposite Party. The complaint is liable to be rejected.
Upon pleadings of both parties the following points have been raised for the disposal of the case.
Points for Decision.
- Whether the petition is maintainable in its present form and in law?
- Whether the petitioner has any cause of action to file the present case?
- Whether the petition is barred by law of limitation?
- 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
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The case is for a direction upon the Opposite Party to remit the interest of the outstanding bill for the period of March 2014 and February to July, 2016.
The complainant’s main case is that OP by miking in the locality waived the interest but actually has not given the effect.
The case of the OP is that the complainant is a habitual defaulter. LPSC has been claimed as per ERC Regulation. There was no announcement nor any commitment made regarding waiver of LPSC by the Opposite Party. The Opposite Party has no right to waive the LPSC. The complainant is bound to pay the outstanding dues for Rs. 49693/-.
To prove the case, the complainant has filed his evidence on-affidavit along with the Xerox copy of an application for waiving interest, some electric bills and some receipts showing payment of the bills.
On the other hand, the Ld. Advocated for the OP advanced his argument saying that the complainant enjoys STW connection; as such no slab benefit is permissible. The complainant is habitual defaulter and no payment has been made by him in time. So, the previous outstanding bill carries to the next bill. At present Rs.49693/- remains due. He has also advanced argument how long will the WBSEDCL wait to recover the dues.
Considering the ERC regulations as argued by the Ld. Lawyer for the OP-WBSEDCL there is no scope to consider the mere statement of the complainant as to waiver of interest by miking from the side of OP.
Considering the instant outstanding dues from the complainant , we are view that the matter is to be considered liberally and as such we find that the complainant is entitled to get the benefit of repaying the dues by installments by ten installments @Rs. 5000/- by nine installments and the balance of Rs.4693/- to be paid on tenth installment.
On the basis of above discussions, we find that all the points are disposed of in favour of the complainant in part and as such the complainant is to pay Rs.49,693/- by 10 monthly installments.
Hence,
Ordered
that the Consumer Complaint No. 136/2016 be and the same is allowed on contest in part. Complainant is directed to pay the dues of Rs.49,693/- by ten monthly installments @Rs. 5000/- by nine monthly installments and the balance of Rs.4693/- to be paid on tenth installment.
The first installment will commence from the month of August, 2017. Each installment is to be paid within the fortnight of the month.
The current bill is to be paid by the complainant as time schedule in the Electric Bill.
In default of any installment or current bill the OP is at liberty to take steps as per rules of the Indian Electricity Act.
The OP is directed to receive the installments as per order, in default, the OP is to pay fine @Rs.50 /- per day for day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
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.
