West Bengal

Birbhum

MA/58/2019

Fayez Seikh - Complainant(s)

Versus

Station Manager, WBSEDCL - Opp.Party(s)

27 Sep 2019

ORDER

One Fayez Seikh, of Vill. Kathia, P.S. Murarai, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.Ps to pass and order directing the Op to disconnect the electric supply of petitioner vide consumer ID No. 522098019 till the disposal of this case and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             The case has been filed in time. Register it. Full requisites have been filed.

The case is taken up for admission hearing as interim petition is filed.

Heard, perused the compliant and document.

We find prima facie case.

Let the case be admitted.

            Considering urgency the record is taken up for hearing.

            The petitioner also files a petition against the OP W.B.S.E.D.C.L praying for passing an interim order U/S 13 (3B) CP Act 1986 is directing the Op not to disconnect the electric line being Consumer ID No. 522098019, Meter No. RSX76543 the petition be treated as M.A Case No. 58/2019.

            Perused the complaint, interim application and documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

            Heard Ld. Advocate/Agent of complainant.

            That the petitioner is the consumer under Ops for enjoying electricity vide consumer ID No. 522098019, Meter No. RSX76543 for submersible pump connection (STW) since 2013 onwards for cultivation, which he got from the Ops after verification and after submitting proper documents and has been paying electricity bills regularly to the Ops.

            We find that the complainant is a marginal peasant and he runs his SMP through the electricity for cultivating his agricultural land. That the maintain complainant maintains is livelihood from the usufructs from the agricultural land and he has no other source of income except the income derived from the usufructs of the auricular land.

            That the petitioner surprised after received bill from the OP No. 1 for the month of March 2019 Rs. 9150/-, August 2019 is Rs. 5939.21/- and amount payable of Rs. 14791/- within due date and meter reading shown previous 5029 present-6029 which was read on previous-21/06/2019 and present 21/07/2019 i.e 1000 unit as per calculation of OP No.1, if it is so then so the above charges will not come as mentioned in the bill moreover the above meter is unserviceable/defective which is admitted by the OP No. 1 as it is mentioned in the bill itself and for that petitioner filed a petition to OP No. 1 for repair of meter on 13/01/2017 and for reduce of excessive bill amount on 18/03/2019 and 21/05/2019 which is duly received by the OP No. 1.

            That the above shallow pump is running only for three to four months for the crops (paddy) for

 

summer season, moreover the bill amount for the year 2016 i.e. 12 months paid by the petitioner to OP No. 1 is Rs. 20890/- for 2017 Rs. 16900/-, for the year 2018 Rs. 17957/-, but in the of 2019 from the month of January to May in 05 months the bill made Rs. 29464/- by the OP No. 1 which is above the double amount of last three years, which is totally manufactured, exorbitant, and their wrongful gain.

            That the petitioner several time went to the OP No. 1 to reduce the excessive bill amount, but the OP No. 1 not pay any heed to the request of petitioned instead of that OP No. 1 threaten the petitioner that, “if you not pay the bill raised by the OP No. 1 then out staff will go to submersible connection point to disconnect your electric supply line”, which is totally whimsical, unfair and illegal on the part of Ops.

             That from the above it is proved that the deficiency as well as unfair trade practice on the part of Ops.

            That the cause of action arrows on and form March 2019 onwards.

            So the petitioner have no other alternative, but to file a suit against the OP W.B.S.E.D.C.L.

            That the aforesaid act of the OPs are nothing but amounting to deficiency in service.        

            Hence, this application for passing interim order against the Ops for replace the old defective meter by a new one which is working properly.

On careful scrutiny of the record and documents filed by the complaint we find substance that the complainant has got an exorbitant electric bill of Rs. 29,464/-(approx.) which is very much more than his

average electric bill.

            At this stage without going into the merit of case we think that electricity is an essential part of modern human life in the present day situation and as the complainant has been earning his livelihood from the submersible pump being Consumer ID No. 522098019, Meter No. RSX76543. We think ends of justice would be met up if the Complainant is directed to pay lump sum amount to O.Ps, and OPs are directed not to disconnect the line and replace the old defective meter by a new one which is working properly.

            Accordingly prayer for interim order is allowed.

The Complainant is direct to deposit Rs. 7,000/- to the O.Ps 1) Station Manager, WBSEDCL, Murarai P.O. and P.S. Murarai, Dist. Birbhum. 2) Divisional Engineer W.B.S.E.D.C.L, Suri, Birbhum, within 7 days from the day of this order and the O.Ps are directed not to disconnect the Electric Connection of the complainant being ID No. 522098019, Meter No. RSX76543 immediate after payment of Rs. 7,000/-.

            Deposited amount will be adjusted with Electric Bill of the Complainant.

            The Complainant is also directed to pay the current Bill month by month/ quarterly.

Thus the M/A is disposed of.

 Fixed 10/12/2019 for appearance of the O.Ps.

Interim order will be effective till 10/12/2019.

            The Copy of the order be sent to O.Ps W.B.S.E.D.C.L, 1) Station Manager, WBSEDCL, Murara P.O. and P.S. Murarai, Dist. Birbhum. 2) Divisional Engineer W.B.S.E.D.C.L, Suri, Birbhum, through speed post for Compliance.

            Copy of this order be supplied to the parties each at free of cost.