IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /182/2014.
Date of Filing: 24.12.2014. Date of Final Order: 30.06.2016.
Complainant: Bharat Kumar Mondal, Late Shib Charan Mondal, Vill.& P.O. Singar, P.S. Nabagram,
Dist. Murshidabad.
-Vs-
Opposite Party: Station Manager, WBSEDCL, Nabagram C.C.C. P.S. Nabagram, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for correction and preparation of justified bill and to return the claim amount with compensation.
The complainant’s case, in brief, is that on 12.7.10 the OP demanded Rs.17,096/- for the outstanding bill for the period from 5/08 to 2/09 to the complaint by issuing notice against the complainant as consumer No. 590068 , Meter No. RGX No. 23980(W) . The complaint met OP with the protest that the s aid bill is illegal and vague and not binding upon the complaint by the disconnection. In that w ay the OP repeatedly charged as outstanding bill against the complainant for the period 10/2010 to 12/2010 when transformer was burnt and electric supply was totally stopped. The OP illegally disconnected the said connection repeatedly s ending bills against the complainant with charging outstanding of the same from that period complainant suffered due to non electric supply and did not cultivate. The OP did not appear before Murshidabad DLSA on 9.9.14 in spite of notice on the application of the complaint on 8.8.14. The complainant further met to OP when OP advised to deposit the dues bill of Rs.4541/- and reconnection charge of rs.100/- and complainant deposited the said amount to the OP Vide Receipt NO. 12700816720 and 132000816624 on 5.12.2014 and reconnect the said connection on 6.12.2014 and further disconnected the said connection on 07.12.2014.
The written version filed by the OP , in brief, is that the meter number of the complaint for the bill for the period from 5/08 to 2/09 being wrongly written as RGX 23980 in place of RGX 10144, new meter No. RIC-0335 which was defective then a gain new meter No. RSX 79497 was installed. The bill amount for the period 5/08 to 2/09 was correct one for the month of 5/08 to 2/09 . The complaint has failed to pay that bill and for that he is defaulter and there is no deficiency in service and for that the complainant is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the dispose of the case.
Points for decision:-
- Whether the petition is maintainable under the law and facts?
- Whether the petitioner has locus standi to file the present case?
- Whether the petitioner 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.
All the points are taken up together for the sake of convenience.
The complainant’s prayer is for correction of bill and preparation of justified bill and to return the claim amount with compensation.
But, in the complaint petition there is specific averment in para 10 that OP reconnected the said connection on 6.12.14 after payment of Rs. 4541/- and reconnection charge of rs.100/- as per their advice but the same was disconnected on 7.12.14.
Thus, it is clear that there is now question of reconnection.
Where, the dispute is payment of arrear dues amounting to Rs.17096/- for the period 5/08 to 2/09.
In this regard the complaint is that the impugned bill amounting to Rs.17046/- was claimed by the OP for the period 5/08 to 2/09 in respect of wrong meter No. RGX-23980/W. Again, the OP charged as outstanding bill against the complainant for the period 10/10 to 12/10 and illegally disconnected the connection. The complainant then moved before DLSA on 8.8.14 when DLSA sent notice upon the OP who did not turn up. Further, the complainant met the OP who advised to deposit Rs.4541/- and reconnection charge of Rs.100/-. The complainant deposited the same on 5.12.14 separately vide receipts No. 12700816720 & 132000816624 dt. 5.12.14. Thereafter, reconnected the said connection on 6.12.14 but disconnected on 7.12.14.
On the other hand the OP’s case is that they connected the wrong meter number, further meter was defective and thereafter installed new removing the defective meter but the bill amount of Rs.1,70,96/- for the period 5/08 to 2/09 was not paid and for that there was disconnection.
To prove the case the complainant has adduced his evidence on affidavit and the relevant documents particularly two receipts showing payment of Rs.4, 541/- in respect of the bill for the period July,14 and reconnect charges of Rs.100/- vide money receipt No. 2856993 and 2856994 dt. 5.12.14 respectively.
The complainant has not filed any documents showing payment of Rs.17,096/- for the period 5/08 to 2/09 or any document showing adjustment of the same at the time of alleged advise of the OP for depositing of Rs.4541/- along with reconnection charge of Rs.100/- and according to those payment electric connection of the complainant was reconnected.
For absence of such document from the side of the complainant we are of the view that the prayer for reconnection cannot be considered without payment of the outstanding dues of Rs.17096/- from the period 5/08 to 2/09 but the impugned connection being for agricultural purpose liberal view in the matter of payment of the outstanding dues by eight installments of Rs.2000/- each where last installment will be of Rs.3096/- to be paid within fortnight of each month in addition to the payment of current bill and the first installment to be paid at once and after payment of 1st installment the OP will reconnect the electric connection as per provision and will disconnect in case of default in payment of any installment.
On the basis of above discussions, all the above points are disposed of in favour of the complainant in part and as such we find that the case is allowed in part in favour of the complaint as per above direction as to payment of dues of Rs.17046/- by eight installments and providing electric connection to the complainant after payment of the 1st installment.
There will be no order as to cost.
Hence,
Ordered
that the Consumer Complaint No. 182/2014 be and the same is hereby allowed in part on contest.
The complainant is directed to pay Rs.17096/- by eight installments out of which seven monthly equal installments of Rs.2000/- each and the last installment will be of Rs.3096/ in addition to payment of current bills.
1st installment will commence as early as possible and each installment will be paid within the fortnight of the month.
The OP is directed to restore the service connection of the complainant as per rules within seven days from the date of receipt of 1st installment, in default, OP is to pay Rs.50/- as fine for each day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
In case of default of any installment, OP is at liberty to disconnect the service line of the complainant forthwith.
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.
Member Member President
