IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /38/2015.
Date of Filing: 17.03.2015. Date of Final Order: 27.04.2016
Complainant: Asadul Sk. S/O Late Sakaut Sk. Vill. Harinarayanpur, P.O. Jalalpur. P.S. Beldanga,
Dist. Murshidabad. Pin 742189.
-Vs-
Opposite Party: 1. Station Manager, Beldanga CCC, P.O.& P.S. Beldanga, Dist. Murshidabad.
Pin-742133.
2. The Chief General Manager, WBSEDCL, Bidyut Bhawan, Block DJ. Sector-II,
Bidhannagar, Kolkata-700091.
Present: Sri Anupam Bhattacharyya ………………….President.
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 rectification of the bill dt. 17.7.2014 as per meter reading mentioned in the yellow Card and compensation of Rs.20, 000/-.
The complainant’s case, in brief, is that the complainant is a consumer of electricity under OP No.1 whose service No. is BPL/204, Meter No. 200963 and Consumer No. C 125208. The complainant has paid his electric bill on 02.08.13. But after few months the complainant received a bill on 18.7.14 for Rs.13, 317/- for 1907 units which previous and present reading was same. When the complaint verified his meter reading as per yellow card where reading was 329. The complainant rushed to Station Manager but he refused to hear anything. Thereafter, the complainant informed the same to the OP No.1. On 21.07.14 he submitted an application with a request to rectify the bill as per meter reading. On 13.10.14 the Station Manager acknowledged that there is some printing mistake in the bill. On 21.10.14 the complainant went to the OP No.1 and requested him to rectify the bill but he denied to so. There is no response from the OP. Hence, the instant complaint case.
The written version filed by the OP, in brief, is that the OP holds inspection of the meter on 05.05.2015 as per objection of the complainant against the bill for consumption of 1907 units as on 23.7.14. On inspection it was found that the meter reading is 516 KWH as on 05.05.2015. As the meter reader too wrong reading i.e 1907 Kwh so a show cause notice was issued to the meter reader and he was also directed to deposit the S.B.M. machine to supervisor of Beldanga CCC. This OP also placed the note sheet to the D.E.& D.M; Berhampore Division for rectification the same and the matter is in process. So, there was no negligence on the part of this OP Party. The petitioner has suffered no loss as the meter has not been disconnected. So, there is no deficiency of service on the part of the OP. so, the petitioner is liable to be rejected. Hence, the instant written version.
Considering the pleadings of both parties the following points have been framed for the disposal of the case.
Points for decision.
- Whether the complaint is maintainable?
- Whether there is any cause of action to file the present case?
- Whether the complainant is a consumer under Consumer Protection Act?
- Whether the complaint 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.
Point Nos. 1 to 6.
All the points are taken up together for the sake of our convenience.
This compliant is for supplying rectified bill dt. 17.7.14 and for compensation of Rs.20,000/-.
The complainant’s case is that he is a consumer of electricity under OP No.1 whose service No. is BPL/204, Meter No. 200963 and Consumer No. C 125208. The complainant has paid his electric bill on 02.08.13. But after few months the complainant received a bill on 18.7.14 for Rs.13, 317/- for 1907 units which previous and present reading was same. When the complaint verified his meter reading as per yellow card where reading was 329. The complainant rushed to Station Manager but he refused to hear anything. Thereafter, the complainant informed the same to the OP No.1. On 21.07.14 he submitted an application with a request to rectify the bill as per meter reading. On 13.10.14 the Station Manager acknowledged that there is some printing mistake in the bill. On 21.10.14 the complainant went to the OP No.1 and requested him to rectify the bill but he denied to so.
On the other hand the OP’s case is that OP holds inspection of the meter on 05.05.2015 as per objection of the complainant against the bill for consumption of 1907 units as on 23.7.14. On inspection it was found that the meter reading is 516 KWH as on 05.05.2015. As the meter reader too wrong reading i.e 1907 Kwh so a show cause notice was issued to the meter reader and he was also directed to deposit the S.B.M. machine to supervisor of Beldanga CCC. This OP also placed the note sheet to the D.E.& D.M; Berhampore Division for rectification the same and the matter is in process. So, there was no negligence on the part of this OP Party. The petitioner has suffered no loss as the meter has not been disconnected.
To prove the case the complainant has adduced evidence on affidavit and the relevant documents in support of his case namely Xerox copy of the disputed bill, earlier bill, yellow card and six money receipts.
On the other hand the OP has filed show cause for wrong reading and proposal for regeneration of energy bill.
Considering the materials on record filed by both parties and also considering the argument advanced by both sides it is clear that the meter reading of the disputed bill as 1907 units is wrong derived on inspection by the OP which should be 516 units and the reading of the yellow card as on 11.1.15 as 479 is O.k.
It also appears that OP-WBSEDCL issued show cause to the meter reader for recording wrong reading.
Considering the above material on records we find that OP is to issue fresh bill as per current meter reading with slab benefit.
Regarding the prayer for compensation slab benefits being already granted we are of view that the complainant is not entitled to get any compensation.
On the basis of above discussions we find that all the points are disposed of in favour of the complainant in part and as such the complainant will get the relief of rectified bill as per current meter reading with slab benefits and the same is to be issued within one month from the date of this order.
Hence,
Ordered
that the Consumer Complaint No. 38/2015 be and the same is hereby allowed on contest in part.
The OP is directed to issue fresh bill to the complainant as per current meter reading with slab benefit within one month from the date of this order, failing which the 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.
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
