IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /46/2014.
Date of Filing: 08.04.2014. Date of Final Order: 15.06.2016.
Complainant: Sujauddin Sha, S/O Asiruddin Sha, Vill. Katakopra, P.O. Raipur, P.S. Domkal,
Dist. Murshidabad. Pin- 742303.
-Vs-
Opposite Party: Station Manager, W.B.S.E.D.C.L, Vill. &P.O. & P.s. Domkal,
Dist. Murshidabad. Pin 742303
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Mrs. Pranati Ali, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C.P Act, 1986 for proper redress from a disputed electric bill issued by the OP.
The complainant’s case, in brief, is that the complainant Sujauddin Sha is a consumer of the OP/station Manager, Domkal CCC, WBSEDCL for electric connection of his business of husking machine and wheat grinding mill. The complainant used to pay the bill amount regularly, but he received a bill for the month of December, 13 to January 14 with an amount of Rs.1, 08,129/- against the consumed units 17369. According to the complainant the said bill is a huge and fictitious with compare to previous bills, as because, it is made of without taking any meter reading, so he several times requested to the OP to correct the bill but in vain. Rather the OP served a notice on 12.03.2014 to the complaint for disconnection of the electric connection. Then the complaint compelled to file this case against the OP for proper redress with a prayer for correction of disputed bill as well as compensation of Rs.30, 000/- for harassment and Rs.50, 000/- for loss of business.
On the other hand, the OP entered into this case by filing written version where he denied all the allegations on sending the fictitious bill and or deficiency in service on the part of the OP. The OP also stated that on 27.12.13 at the time of supervise checking of the meter, it is found that the actual reading is 17359 units which was observed by the complainant with other officials, but he refused to put his signature on it. The OP further stated that bill for the month of December, 2013 was prepared after allowing necessary slab benefit from date of connection to the date of last date of reading , but the complainant did not pay the bill and filed this instant case. There is no deficiency in service on the part of the OP. So, the case is liable to be rejected.
The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complaint is entitled to get any relief or not.
Decision with Reasons
It is very pertinent to mention that the complainant has filed some documents in support of his case.
Perused the documents on the record, we observed that the complainant received a comparatively high amount of bill than the previous bill from the OP is an admitted position. But according to OP on 27.11.2013 at the time of supervisory checking it was revealed that the actual reading is 17359 units after deduction of previous reading 1558, the consumed unit comes like that (17359 – 1558) = 15801 unit. On the other hand, according to the complainant in his complaint it is 17369 units for the month of December, 2013 to January 14 whereas the bill for the month of December 2013 shows the consumed unit is 15988 when present reading is 17546 units.
In this circumstances, we minutely observed that only the yellow card is the evidence of correct reading units at the day of supervisory checking was 17359 units, which was rightly mentioned by the OP in his written version, whereas the disputed bill for the month of December, 2013 wrongly displayed the present reading units on 27.11.2013, for that the whole matter i.e. consumed units as well as electric charges became changed. It is negligence in service on the part of the OP.
In this instant case, the complaint’s main allegation against the OP is that the OP sent one fictitious bill with huge amount on big consumed units in comparison with previous bills. On scrutinizing the record, we observed that the complainant received regularly the bills with consumed unit 289 as maximum and even only unit 20 as minimum which is not normal for an industrial connection of a husking machine. We can assume that it happened due to defect of meter or negligence in meter reading. But though the complaint did not raised the points, the OP themselves arranged a supervisory checking of the said meter and detected that there was negligence in meter reading means the reading was defective. It is evident that previously, the complainant used to pay less than he consumed. So, now the complainant has to pay the outstanding amount and or the consumed electricity.
Further we observed that the disputed bill for the month of December, 2013 shows the present reading is 17546 units which is not correct, as because said bill was made with the reading units of 17359 on 27.11.13. It is another example of negligence on the part of the OP. For that the OP have to prepare a fresh bill and informed the complainant. But at the time of preparing fresh bill the OP have to recall that the OP mentioned in the written version that they already allowed slab benefit to the complainant.
On the basis of above discussions and the materials on record, we have no other alternative but to hold that the complainant is entitled to get partly relief.
Hence,
Ordered
that the Consumer Complaint No. 46/2014 be and the same is hereby allowed on contest without any order as to cost.
The OP /Station Manager, Domkal CC, WBSEECL, is hereby directed to rectify the disputed bill and prepare a fresh bill with giving a lab benefit deducting the amount paid considering the reading as 17359 units within 60 days and inform the complainant from the date of receipt of this order. In default, the OP have to pay @ Rs.50/- per day’s delay and the amount so accumulated shall be deposited 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.
Member Member President
