Sri Ashok Kumar Bhattacharyya, President
The complainant’s case may be briefly stated as follows:-
The complainant is a consumer for domestic electricity connection no. 200052046 at his residence situated at Mouza Daksshin Chara Sankarara under P.S. Tamluk, under the OP party since 2011. The Op sent a bill on 11.06.2014 for the period of May 14, June 14 and July 14 for the sum of Rs.1196.94/-, Rs.825.78/-, and Rs.825.78/- respectively. The OP again sent an excessive and illegal bill on 24.09.2014 for the period of August 14, September 14 and October 14 alongwith outstanding dues for the month of July Rs.3842.09/-, Rs.3842.09/- and Rs.3842.09/- and Rs.827/- in total Rs.11,526.27/-.
The complainant filed an objection (written) against the aforesaid excess bill of Rs.11,526.27/- to the Op for rectification of the same, but no rectification was made as sought for, rather the Op again sent a bill on 16.12.2014 for the month of November 14, December 14 and January 15 for Rs.594.07/-, Rs.543.13/- and Rs.543.13/- respectively and also for Rs.12,353.12/- as outstanding dues. Though the petitioner went on 20.12.2014 to the OP for making payment of bills for the month of November 14, December 14 and January 15 and the outstanding bills after rectification but the OP refused to receive the said current bills. Thereafter, the Op sent a notice to the complainant on 06.01.2015 for disconnection of his electric lines, if not paid outstanding illegal dues of Rs.12,948/- within 22.01.2015, hence the case is for compensation and other reliefs for such harassment and for said excess bill.
The OP appeared and contested the case by filing W/Vs, WNA and some photocopies of documents as per list. The OP has denied all the material allegations made against him by the complainant and also stated that
It is also stated in the W/V of the OP that the objection alongwith prayer of the petitioner addressed to the Tamluk Customer Care Center for correction of the said disputed Bills in respect of the month of September 14 and October 14 and outstanding bill for the month of July 14 was forwarded to the Higher Authority of WBSEDCL for consideration on 15.12.2014, that the competent Authority of WBSEDCL after holding a meeting with the Committee on 17.01.2015 a decision was taken to regenerate the disputed bills and accordingly the disputed bills for August 14, September 14 and October 14 after regeneration on 06.02.2015 the total amount comes to Rs.5079/-. It has been further stated by the OP in the W/V as also in the WNA that if the complainant paid Rs.6776/- upto the bill of January 15 including the outstanding dues of July 15 and also the outstanding bill upto march 15, then the instant case would be infructuous.
Both the parties have filed their respective photocopies of documents on record as per list.
Points for determination
- Is there any deficiency in service on the part of the OP?
- Whether the complainant is entitled to any relief as sought for?
Decisions with reason
We have carefully gone through the pleadings of both sides as also their respective written arguments and documents filed on record.
Heard and considered the argument of the ld. Advocates of both sides.
Admittedly, the complainant being a domestic consumer in relation to electricity connection no. 200052046 under the OP, she (complainant) had paid bills upto June 14 for consumption of electricity, that the OP then sent another bill on 24.09.2014 for the period of August 14, September 14 and October 14 as also outstanding dues of July 14 for total Rs.11526.27/-, that the complainant then filed a Written Objection before the OP against the said bill with a request to rectify the said bill since it was for incorrect reading and amount, that the OP thereafter sent another bill for the month of November 14, December 14 and January 15 alongwith outstanding dues of Rs.12353.72/- without any correction of the bill for the period of August 14, September 14 and October 14 and outstanding dues though the complainant had already made objection against the said bill and outstanding dues alongwith request for sending a fresh bill after correction, that the complainant went to the office of the OP on 20.12.2014 to pay current bill for the month of November 14, December 14 and January 15 but she could not deposit the same for the period of November 14, December 14 and January 15 because the OP did not allow her to deposit the said amount without payment of outstanding dues of Rs.12353.72/- and that thereafter the OP sent a notice to the complainant on 06.01.2015 for disconnection of her electricity line if she does not pay the outstanding dues of Rs.12948.00/- within 22.01.2015.
According to the OP (as it reveals from the W/V and WNA and also from the photocopies of documents on record) that the written objection of the complainant to the OP (received on 10.12.2014) requesting for correction of the bill sent for the period of August 14, September 14 and October 14 and outstanding dues of July 14 in total Rs.12101/- was forwarded on 15.12.2014 to the Higher Authority of WBSEDCL for consideration of the same, that the Empowered Committee after holding a meeting took decision on 17.01.2015 for regeneration of the said disputed bill amount and after regeneration the disputed amount had come down to the tune of Rs.5079/- including outstanding dues.
Now the question arises when the decisions of the Higher Authority over the disputed bill for the period of August 14, September 14 and October 14 and outstanding dues of July 14 was pending on the basis of written objection submitted by the complainant on 10.12.2014 against the said bill, which had already been forwarded by the OP on 15.12.2014 before Higher Authority, then why the OP sent a notice u/s 56(1) of the Electricity Act 2003 on 06.01.2015 by threatening the complainant for disconnection of her electricity line, if not paid the amount of disputed bill and bill for November 14 in total Rs.12948/- within 22.01.2015.
So, we are unable to comprehend as to how and on what basis, the OP could sent such a notice to the complainant on 06.01.2015 for disconnection of her electricity line in view of the fact that the decisions of the said Higher Authority over the said disputed bill was still pending and the decision of the aforesaid disputed bill was taken on 17.01.2015 for regeneration and then the said disputed bill was regenerated on 06.02.2015 and after regeneration of the same the amount of the disputed bill had come down to Rs.5079/- only.
Therefore, we are of the view that such illegal action of the OP by sending notice to the complainant on 06.01.2015 for disconnection of her domestic electricity line is nothing but a deficiency in service on the part of the Op, which causes mental agony and harassment to the complainant being an illiterate village widow.
It is to be noted that after receiving a fresh bill amount of Rs.5079/- during pendency of this case, the complainant deposited Rs.6776/- as it is found from the WNA dtd. 09.03.2015 of the complainant which was not denied by the OP in his WNA. But, it appears from the W/V as well as WNA of the OP that the said amount of Rs.6776/- related to the electric bill was for the period of July 14 to January 15.
In the circumstances, as aforesaid, we feel that the complainant is entitled to litigation cost of Rs.1000/- as also Rs.5000/- towards compensation from the OP on the reasons as discussed above.
Hence, it is,
Ordered
that the instant case being no. CC/7/2015 be and the same is allowed on contest against the OP with litigation cost of Rs.1000/- payable by the OP to the complainant.
The OP is also directed to pay further Rs.5000/- towards compensation to the complainant within 30 days from the date of this order alongwith litigation cost of Rs.1000/-, i.e. in total Rs.6000/- within 30 days as aforesaid, failing which the complainant will have liberty to execute this order in which case the OP will be liable to pay fine @ Rs.100/- per day to the complainant till realization of the said total amount of Rs.6000/-.
