IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                                       CASE No.  CC/184/2019.

 Date of Filing:               Date of Admission:           Date of Disposal:

   09.12.19                            06.01.20                                 29.11.22

Complainant:  Shanti Kishore Ghosh,

S/O Banshibadan Ghosh

            Vill + P.O.- Mohisgram, P.S.- Barwan,

                        Dist- Murshidabad, Pin- 742132

-Vs-

Opposite Party:  Station Manager, Panchthupi C.C.C.

                               W.B.S.E.C.D.C.L. West Bengal,

      P.O. + P.S.- Panchthupi, Dist- Murshidabad.

                   PIN- 742161.

Agent/Advocate for the Complainant             :  Pranab Kumar Das

Agent/Advocate for the Opposite Party         : N.A.

          Present:   Sri Ajay Kumar Das………………………….......President.     

                           Sri. Subir Sinha Roy……………………………….Member.                        

                                Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

 Sri.Ajay Kumar Das, Presiding Member.

            This is a complaint under section 12 of the CP Act, 1986.

            One Shanti Kishore Ghosh (here in after referred to as the Complainant) filed the case against Station Manager, Panchthupi C.C.C.W.B.S.E.D.C.L. West Bengal (here in after referred to as the OP) praying for compensation alleging deficiency in service.

    The material facts giving rise to file the complaint are that:-

            The Complainant is a consumer under the Opposite Party and the connection was given to the dwelling house of the complainant. The complainant had paid the electric bills to the Opposite party against the consumption regular basis. But the complainant became astonished when he got a bill for the period from March, 2019 to May, 2019 of Rs. 19912.00/- against the consumption of 2206 units. Previously the complainant had no outstanding bill and the consumption charge for the period from December, 2019 to February, 2019 was Rs 1016/-.

            Subsequently, after getting the said fictitious bill the complainant went to the office of the Opp. Party and submitted an application on 20.03.2019 for rectify the said fictitious bill and also informed to them that the Meter No in the printed bill did not match with actual meter no which had been installed in the house of the complainant. But the Opp. Party did not take any initiative to rectify the matter. Thereafter the complainant again requested the Opp. Party to take initiative for the abovementioned matter. But they were always silent. So the complainant went to the Regional Office and filed an application and informed them about the entire matter.

            After that the Opp. Party collusively prepared a fictitious bill for the period from Mar 2019 to May 2019 and sent the same to the complainant which was clear unfair trade practice on the part of the Opp. Party. The complainant never used the excess load behind sanctioned load. Moreover the Opposite Party did not receive the current bill form the complainant in spite of repeated request. The Opp. Party was threatening the complainant that if the complainant did not pay the fictitious bill, the Opp. Party would disconnect the service connection of the complainant. So, the complainant is suffering from a huge mental agony and he is bound to file this case for getting proper relief and redressal.

            The complainant prays that the Ld. Commission be pleased to direct the OP to rectify the bill for the period from March 2019 to May 2019 and send a fresh bill calculating on the basis of the average bill of the last 12 months and also for an order directing to pay Rs. 20000/- for mental agony and litigation cost to the complainant.

   Defence Case

            After due service of the notice the O.P.s did not appear to controvert the plea of the complainant for the reason best known to him. So, the case proceeded ex-parte against the O.P.

            The point to be noted is that this District Commission passed an interim order on 18.05.22 directing the O.P. to restore electric connection of the complainant immediately on condition that the complainant would deposit 50 per cent of Rs. 20319/- i.e. Rs. 10,160/- in connection with the disputed electric bill. This order was complied with by both the complainant and the O.P. But in spite of that the O.P. did not contest the case.

            It is further to be mentioned that this District Commission passed an interim order on 27.09.2022 to the effect,  “that the OP is directed not to disconnect the electric connection of the Complainant till the disposal of the instant case and the OP is further directed to install a master meter for the purpose of checking the installed meter vide installation No. 14236266 as the installed meter is alleged to be defective and to report to this Commission by 22.11.22. This order was complied with by the O.P. But in spite of that the O.P. did not contest the case.

            Under such circumstances this District Commission is compelled to dispose of the case ex-parte.

Decision with Reasons:

Ld. Advocate for the complainant submits that the complainant become astonished when he got a bill for the period from March 2019 to May 2019 amounting to Rs 19912/- against the consumption of 2206 units. Previous the complainant had no outstanding bill and consumption charge for the period from December, 2019 to February, 2019 was Rs. 1016.

The O.P. vide Memo No. – PTP/Case/CC/559 , Date- 18.11.2022 has submitted report after checking of meter installed at the premises of Sri Shanti Kishore Ghosh of village & PO Mohisgram, PS Burwan, Dist, Murshidabad having Consumer Id: 300377404 & Installation No. 14236266 for recording consumption of electric energy meter at the above premises stating that :-

“On study of the consumption of both meter i.e. existing meter and the newly installed meter it appears that the consumption of the existing meter was not correct as because the display found at the meter was no similarity. Sometimes the advance units 160526, -10585, 572531 and -465297.

Whereas the existing installed meter displayed consumption as 2557 units on 06.10.2022, 160533 units on 15.10.2022, 149948 units on 30.10.2022, 722479 units on 03.11.2022 & 257182 units on 16.11.2022.

From the above it is seems that the existing meter failed to record consumed units properly.

It was seen that the newly installed meter recorded total consumption as 28 units in 41 days. i.e. Advance consumption per day were 0.683 units.

Submitted before the Hon’ble President District Consumer Disputes Redressal Commission, Murshidabad for information please.”

From the report submitted by the O.P. it is found that the electric meter installed at the premises of the complainant Shanti Kishore Ghosh is defective and as such it is required to be changed. Necessary direction may be given to the O.P. to install a new meter at the premises of the complainant after removing the defective meter.

The defective meter installed at the premises of the complainant indicates that issuance of electric bill by the O.P. for the period from March 2019 to May 2019 amounting to Rs. 19912/- is fictitious particularly when we find that the consumption charge for period from December, 2019 to February, 2019 was Rs. 1016/-. Such being the position necessary direction may be given to the O.P. to issue a fresh bill for the period from March 2019 to May 2019 on the basis of the average bill of the last 12 months.

The materials on record shows that the electric connection of the complainant was restored by the O.P. on deposit of 50 per cent of the fictitious electric bill and as such it appears to us that complainant paid excessive amount of electric bill which is required to be adjusted with the new bill for the period from March 2019 to May 2019 and future bill/bills.                               

Ld. Advocate for the complainant submits that they prayed for Rs. 20,000/- for mental pain and litigation cost. But at present the O.P. is behaving well with the complainant and for that reason they are not demanding the said amount of money particularly when they wish to live peacefully.

Reasons for delay

The Case was filed on 09.12.19 and admitted on 06.01.20. This Commission 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.

In the result, the Consumer case is allowed.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/184/2019 be and the same is allowed ex-parte  against the OP but under the circumstances without costs.                    

 O.P. is directed to install a new meter at the premises of the complainant after removing the defective meter.               

OP is directed to issue a fresh bill for the period from March 2019 to May 2019 on the basis of the average bill of the last 12 months. O.P is further directed to adjust the excessive amount paid by the complainant with the new bill for the period from March 2019 to May 2019 and future bill/bills.

 O.P. is directed to comply with the order of this District Commission within 30 days from the date of this order.

            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                                     Member                                        President.