IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC 113/2016.
Date of Filing: 26.07.2016. Date of Final Order: 23.02.2017.
Complainant: Swapan Kumar Roy S/O Late Banshi Badan Roy, Vill. Mandra, P.O. Mandra,
P.S. Burwan. Dist. Murshidabad. Pin 742161.
-Vs-
Opposite Party: Station Manager, Panchthupi , WBSEDCL, Vill.7P.O. Panchthupi, P.S. Burwan.
Dist. Murshidabad. Pin 742161.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali- Presiding Member.
Instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 for proper bills along with Rs.35,000/- + Rs.20,000/- +Rs.6000/- + Rs.90,000/- with interest as compensation for harassment.
The complainant’s case, in brief, is that the complainant is a consumer of the OP with his electric connection for his submersible pump. According to the complainant, he used to pay the bills in time regularly. On 23.12.2014 he paid Rs.35, 726/- but afterwards he received bill for January, 2015 with a sum of Rs.17, 887/- . He met the Station Manager, Panchthupi regarding that bill and the Station Manager assured him for correction of the said bill, but till today that bill was not corrected, rather simultaneously wrong bills were sending by the OP. In the meantime, the complainant repaid Rs.20,000/- against the bill amount of Rs.25,056/- on January, 2016 later he paid Rs.6,000/- on 09.03.2016 but already the bill amount of March, 2016 increased as Rs.11,538/- which is finally increased to Rs.27,416/- on 31.05.2016. The complainant asked the matter to the OP but the OP was silent. So, the complainant came to this Forum for proper redress.
On the other hand, the OP appeared in this case by filing written version, where he dismissed the allegation of incorrect bill sending to the complainant and deficiency in service on the part of the OP. The OP also stated that all along the complainant is irregular in payment of bills. The bill for the month of January, 2015 was sum of Rs.281 and LPSC amount was sum of Rs.17, 596. So the total claim was sum of Rs.17, 877/- . Similarly, the bill for the month of February, 2015 to October, 2015 were sum of Rs.1260, Rs.2556/- Rs. 670/-, Rs. 614/-, Rs. 1002/-, Rs. 188/-, Rs. 355/-, Rs. 345/-, Rs. 188/- respectively. The complainant paid Rs.20, 000/- on 27.01.2016 out of the outstanding Rs.25, 055/-. So, the rest become outstanding amount of Rs.5,055/- which added with the bill for the month of November, 2015 is sum of Rs.2479/- as well as the LPSC amount is sum of Rs.4003/- i.e in total Rs.11,538/-. In the same manner each and every month the amount increased in bill for that when the complainant paid Rs.6,000/- on 09.03.2016 then the outstanding amount was of Rs.21,624/- . So, again remains Rs.15, 624/- was unpaid amount added with next month’s bill. In this way on 30.08.2016 the outstanding amount was of Rs.34, 918/- . As because the complainant is a defaulter and all bills are correct. So, there is no deficiency in service on the part of this OP and the complainant is liable to pay the dues.
The only point for consideration is whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.
Decision with Reasons.
The complainant submitted some documents for support of this case.
Perused the documents , we observed that the complaint deposited Rs.35,726/- on 23.12.2014 for that not outstanding amount is charged in the bill for the month of January,2015 but LPSC charges are sum of Rs.17,596.14 for the month of August 2014-November,2014. Similarly, due to no payment of January, 2015 bill amount, the February, 2015 bill amount against starts outstanding amount, which system is normal and correct. Though the OP sometimes makes delay to take meter reading but as a whole the OP has no deficiency in service.
Scrutinizing the documents we are clear in our view that the complainant always made delay to pay the bills. Documents show that on 23.12.2014 the complainant paid the present December, 2014 bill including outstanding from April, 2011. Next he paid on 27.01.2016 for the March, 2015 as well as next payment was on 09.03.2016 for October, 2015.
The complainant should realize that he consumed electricity. So he has to pay the charges.
We observed one astonishing thing in the prayer of the complainant that the entire paid amount i.e Rs.(35726/- + 20000/- +6000) along with Rs.90, 000/- with interest is the prayer as compensation by the complainant. We are not clear whether the complainant wants to enjoy the electricity without payment or not. However, as a defaulter no question of compensation is arisen.
Considering all the facts and circumstances and on the basis of material on record we are of the view that the complainant has no specific prayer for defective meter or bill for correction and even not any cogent evidence regarding the matter, rather the complainant is a proven defaulter. So, he cannot avoid the liability of payment of electricity charges as dues and current.
Hence,
Ordered
that the Consumer Complaint No.113/2016 be and the same is hereby allowed in part on contest without any order as to cost.
The complainant is directed to deposit the amount of Rs.38036.00 by four installment @Rs.10, 000/- p. m for three months and the last installment is of Rs.8036/-. After payment of 1st installment the OP is to reconnect the electric line of the complainant, if it was disconnected. .
The complainant is further directed to pay the current bills regularly as per dates mentioned in the bill.
The OP is directed to co-operate with the complainant.
In default of any installment/current bills, the OP is at liberty to take action as per Electricity Act.
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.
