JUDGEMENT.

DATED :27-02-2015.

It is a complaint case for deficiency of service.

The case of the Complainant, in short, is this that she is bonafiede consumer under the O.P. having Inst. No.0949775 (U), ID No.2320 14115 and meter no.H 268890.  Previously the said meter belonged to one Gurudas Bandyopadhyay and subsequently that was transferred and recorded in the name of this Complainant on the basis of her prayer.  Said Gurudas Bandyopadhyay being a Senior Citizen used to pay his electricity bills regularly without verifying the bills with the Yellow Card.  The said meter is defective and detected by the departmental staff of the O.P. on 05-11-2013 as noted in the Yellow Card and in spite of that subsequent bills were prepared, for that reason said Gurudas Bandyopadhyay submitted an application on 13-12-2013 to the O.P. with request to replace the defective meter and to examine the same by their Inspector.  But the O.P. did not take any step though they used to send imaginary bills on regular basis.  This Complainant received the bill for the first time for the month of June to August – 2014 vide Invoice dated 03-06-2014 showing current meter reading 5030 and units consumed 515.   Thereafter, the Complainant submitted written application to the O.P. on 30-06-2014 along with the said imaginary bill dated 03-06-2014 with the request to replace the existing defective meter and also for arrangement to rectify the imaginary bill but the O.P. did not pay any heed.  For that reason the Complainant has filed this case on 01-09-2014 praying for direction upon the O.P. to replace the defective meter with a new one as soon as possible and to declare the invoice dated 03-06-2014 as

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       Consumer  Complaint No.128 of  2014.

illegal and further direction to prepare a fresh bill in place of said disputed bill dated 03-06-2014 and Compensation and Litigation Cost.

The O.P. has contested this by filing written version denying allegations of the Complainant contending inter alia that the Complainant never stated anywhere in the complaint that the total units consumed as shown in the impugned bill are excess.   So, the case is liable to be dismissed. 

On the basis of pleadings of both the parties now the question is as to whether the Complainant is entitled to get relief as prayed for.

                                                         Decision with reasons.

The Ld. Lawyer for the Complainant has not filed any written notes of argument but has submitted same statements as stated in the complaint.  The Ld. Lawyer has cited decision reported in 2014 (4) CPR 98 (NC), 2013 (4) CPR 547 (NC), 2006 (2) CPR 274 and 2006 (2) CPR 270 and submitted that the disputed bill issued by the O.P. does not tally with the yellow card issued by them and also noted by their staff.  So, the Complainant is entitled to get the relief as prayed for.

The Ld. Lawyer for the O.P. has submitted a written notes of argument taking the same plea as stated in the written version.

After going through the pleadings of both the parties and the Xerox copy of documents as produced by the Complainant including the Yellow Card we find that practically there is no statements in the complaint against excessive units charged allegedly by the O.P.   It further appears from the Xerox copy of the Yellow Card that one staff made noting on 04-12-2013 showing meter reading 04307 and further noted as defective.  It further appears that the said staff again took reading on 26-04-2014 showing reading as 4715.  Another staff inspected the meter and noted the units consumed as 5230 on31-05-2014 and another staff visited the premises of the Complainant and the meter and noted the reading as 5406 on 30-06-2014 and reading as 05784 units on 31-08-2014 but in the subsequent notings there is no mentioning about any defect of the meter and the meter is running and units consumed have also been recorded in the meter.

After the going through the Xerox copy of yellow card issued on 06-08-2011 upto the date of last reading dated 31-08-2014 we have calculated the units as consumed by the Complainant and the previous owner as noted by the staff of the O.P. we find that the O.P. has not demanded any excess units from the Complainant.  Moreover, the

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Consumer  Complaint No.128 of  2014.

 Complainant has not stated anywhere that the meter is stopped.

In the aforesaid circumstances and in absence of any contrary documents produced by the Complainant we find that the O.P. ought to have taken step to inspect the meter of the Complainant by their Inspector when the Complainant made her grievances and when their staff noted in the Yellow card as defective. 

Moreover, we find that the reading as shown in the Yellow Card noted by the staff of the O.P. does not tally with the electricity bills issued by the O.P.  We find that henceforth the O.P. shall issue the electricity bill to the Complainant showing the units consumed as noted in the Yellow Card by their staff.

Considering entire facts & circumstances of this case as discussed hereinabove we find that this case should be disposed of by giving above directions to the O.P.

In the circumstances the above point is disposed of in favour of the Complainant.

In the result the complaint succeeds in part.

Hence, it is

                                                                    Ordered

That the Complaint Case No.128 of 2014 is disposed of on contest against the O.P. to this effect:-

That the Complainant is directed to deposit the amount of the impugned bill dated 03-06-2014 within one month from the date of this Judgement.

That the O.P. is not entitled to claim any other charges including L.P.S.C. from the Complainant in future in respect of the impugned bill dated 03-06-2014.

That the O.P. is hereby directed to make an arrangement for inspection of the meter of the Complainant by their Inspector as per the provision of the statute within two (2) months from the date of this Judgement and if it is found defective, then the O.P. shall replace one new meter in place of that immediately.

That the O.P. is further directed to issue subsequent current bills as usual under the statute showing the units consumed as noted by their staff in the yellow card.

Let a copy of this Judgement be supplied to the parties free of cost as per Rule.

                      (A. AGNIHOTRI)                                        (L. N. CHATTOPADHYAY)             (Y. HALDER)

                             Ld. Member                                           Ld. Member                                  Ld. President

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