IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/146/2016 .
Date of Filing: 28.09.2016. Date of Final Order: 01.12.2017.
Complainant: Md. Alauddin Biswas, S/ O Jaynal Abedin Biswas,Vill.&P.O.&P.S. Rejinagar,
Dist . Murshidabad.
-Vs-
Opposite Party: S.S, West Bengal State Electricity Distribution Company Ltd,
Rejinagar, Vill+P.O.+P.S. Rejinagar, Dist. Murshidabad. Pin 742189.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Chandrima Chakraborty ……………………..Member.
Sri Manas Kumar Mukherjee …………………….. Member.
FINAL ORDER
Sri Anupam Bhattacharyya-President.
The instant complaint has been filed by the complainant U/S 12 of C. P. Act, 1986 praying for reconnection of his electric line and revise the bill for the period January to March, 2015 and compensation of Rs.30,000/- for mental pain and agony.
The complainant’s case, in brief, is that the complainant is a consumer of OP for domestic connection and got an absurd bill on January,15 for 16257 units and the complainant met OP and asked for checking the meter and for correction of the bill. On 09.03.2015 the OP disconnected the said line of the complainant. On 30.03.16 the complainant paid all the previous bills of Rs.16, 470/- and interest of Rs.3822/- and Rs.100/-for disconnection and reconnection charges. The OP connected electric connection to the house of the complainant. On 21.07.2016 the complainant got a bill of Rs.12931/- from the Opposite Party for the period October to December, 2015. The complainant met the OP and informed that his electric line was disconnected between that period.
But the OP did not pay heed to it. Thereafter, the complainant informed the matter to the S. S. Rejinagar by writing with registered post. But on 15.09.2016 the OP, without any prior information, disconnected the line. There is a clear deficiency of service on the part of the OP. Hence, the instant case.
The written version filed by OP-WBSEDCL, in brief, is that the complainant deposited outstanding bill on 30.03.2016 and the connection was restored on 02.04.2016 . After reconnection the 1st bill was generated on 08.07.2016 for the consumed unit recorded in the meter as 6744 units as on 08.07.2016. So, the Opposite party is entitled to get the charges against the consumed units i.e (6744-4590) =2154 units. The complainant consumed such units from 12.01.2015 to 09.03.2015 and 02.04.2016 to 08.07.2016. So, it is not true that the Opposite Party is claiming bill for the disconnected period. The OP checked the meter on 07.09.16 on the basis of application dt. 3.09.16 and found the meter is in order. The OP bound to disconnect the electric connection for non-payment of outstanding dues of electric bill amounting to Rs.12, 931/-. Before disconnection, notice under Section 56(1) of Electricity Act 2003 was served upon the petition on 18.08.2016. There are no laches on the part of this Opposite Party and there is no deficiency on their part. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for decision.
- Whether the complaint is maintainable in its present form and in law?
- Whether the complainant is a consumer under C. P. Act, 1986?
- Whether the complaint 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 instant complaint is for reconnection of his electric line and revise the bill for the period January to March, 2015 and compensation of Rs.30, 000/- for mental pain and agony.
The complainant’s case is that the complainant is a consumer of OP for domestic connection and got an absurd bill on January,15 for 16257 units and the complainant met OP and asked for checking the meter and for correction of the bill. On 09.03.2015 the OP disconnected the said line of the complainant. On 30.03.16 the complainant paid all the previous bills of Rs.16, 470/- and interest of Rs.3822/- and Rs.100/-for disconnection and reconnection charges. The OP connected electric connection to the house of the complainant. On 21.07.2016 the complainant got a bill of Rs.12931/- from the Opposite Party for the period October to December, 2015. The complainant met the OP and informed that his electric line was disconnected between that period. But the OP did not pay heed to it. Thereafter, the complainant informed the matter to the S. S. Rejinagar by writing with registered post. But on 15.09.2016 the OP, without any prior information, disconnected the line.
On the other hand the OP’s case is that the complainant deposited outstanding bill on 30.03.2016 and the connection was restored on 02.04.2016. After reconnection the 1st bill was generated on 08.07.2016 for the consumed unit recorded in the meter as 6744 units as on 08.07.2016. So, the Opposite party is entitled to get the charges against the consumed units i.e (6744-4590) =2154 units. The complainant consumed such units from 12.01.2015 to 09.03.2015 and 02.04.2016 to 08.07.2016. So, it is not true that the Opposite Party is claiming bill for the disconnected period. The OP checked the meter on 07.09.16 on the basis of application dt. 3.09.16 and found the meter is in order. The OP bound to disconnect the electric connection for non-payment of outstanding dues of electric bill amounting to Rs.12, 931/-. Before disconnection, notice under Section 56(1) of Electricity Act 2003 was served upon the petition on 18.08.2016.
To prove the case the complainant has adduced his evidence- on-affidavit along with relevant documents in support of his case.
On the other hand the OP-WBSEDCL has filed the relevant documents in support of his case.
Considering the evidence and materials on record adduced by both sides and also considering the argument advanced by both sides it is clear that the electric connection of the complainant is a domestic connection and the said connection was disconnected on 15.09.2016 for non-payment of bills and after payment of Rs.16,470/- the same was admittedly reconnected on 02.04.2016. Thereafter, the same was disconnection on 15.09.2016 for non-payment of bills.
From the record it is clear that the impugned meter was tested by the OPWBSEDCL and found that the said is not defective. And for that the complainant cannot avoid the liability to pay the arrear bill in respect of the unpaid bill for Rs.12, 931.
This impugned electric connection being for domestic purpose, we are of view that the complainant will get the benefit of payment of the outstanding bill by easy installments.
On the basis of the above discussion, we can safely conclude that complainant is entitled to get reconnection after Initial payment of Rs.2.931/- along with required reconnection-disconnection charges and balance of Rs.10, 000/- be paid by the complainant in 5 equal monthly installments @Rs.2000/- per month.
Hence,
Ordered
That the Consumer Complaint No. 146/2016 be and the same is hereby allowed on contest but in part.
The complainant is entitled to get reconnection after Initial payment of Rs.2.931/- along with required reconnection-disconnection charges and balance of Rs.10, 000/- to be paid by the complainant in 5 equal monthly installments @Rs.2000/- per month.
The OP is directed to restore the service connection of the complainant within 10 days from the date of receipt of Rs.2, 931/- from the complainant.
The complainant is directed to pay the balance amount of Rs.10, 000/- by 5(five) equal monthly installments @Rs.2000/- along with current electric bills. The first installment will commence from January, 2018.
In case of any default on the part of the complainant, the OP is at liberty to disconnection the service line of the complainant as per rules.
In case of delay on the part of the OP, after receiving Rs.2,931/-from the complainant, the OP is to pay Rs.50/- per day’s delay as fine and the amount so accumulated shall be deposited by D.D. 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.
