West Bengal

Birbhum

MA/13/2021

Prop, Chiranjit Gupta,M/S Yashoda enterprise - Complainant(s)

Versus

Station Manager,Nalhati CCC,WBSEDCL - Opp.Party(s)

21 Sep 2021

ORDER

Today is fixed for filing requisite by the complainant.

Ld. Advocate of the complainant filed ad interim petition U/S 38(8) C.P Act 2019.

            Considering urgency the record is taken up for hearing.

            The application filed by the complainant against the OP W.B.S.E.D.C.L for passing ad interim order U/S 38(8) CP Act 2019 is taken up for hearing treating the same as M.A Case No. 13/2021.

            Perused the complaint, interim application and documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

            Heard the Ld. Advocate of the complainant.

            The complainant is resident of Yosadalay Paharkalpara P.O. Nalhati, P.S. Nalhati, Dist. Birbhum within the jurisdiction of the Ld. Forum/Commission.

            The complainant is the proprietor of M/S Yosdhas Enterprise and he has a stone crushing machine for his livelihood and he has no other source of income expect the income derived from the aforesaid his stone cursing business and as such the complainant is a self-employed person.

            The complainant runs his stone cursing machine through electricity supplied by the OP and he has electric service connection in his premises being consumer ID No. 522140464 so complainant is a consumer under the OP WBSEDCL and OP is the service provider.

            That the complainant has been enjoying electricity in his stone crusher and he has been paying electric bill so far raised by the OP time to time without any protest except the bills dated 02/06/2021, 23/06/2021 and 02/08/2021 amounting to Rs. 55,774/-, Rs. 83813/- and Rs. 80605/- respectively.

            That the facts remains that on 30/03/2021 at midnight the mater of the crusher unit of the complainant had been burnt and as such on  31/03/2021 complainant deposited requisite fees for the new meter bearing receipt No. 129004619881. Inspite of depositing requisite fees in order to get now mater the OP did not take any step and having got no 01/04/2021 vide docket no 36244721, but no meter has been supplied to the unit of the complainant.

            That thereafter the complainant received a bill dated 02/06/2021 amounting to Rs. 55774/- along with outstanding amount Rs. 71138/- totaling Rs. 125926/- and receiving the same the complainant became confused as he did not consumer during the month of May as the Govt. of West Bengal declared lockdown due to Covid-19 pandemic throughout the State of West Bengal and the unit of the complainant M/S Yashoda Enterprise was closed.

            That thereafter complainant received another bill dated 23/06/2021 amounting to Rs. 83,813/- and in that bill the complainant raised electric bill on 9433 units which is absurd and exorbitant. That the bill dated 23/06/2021 is an exorbitant bill which will be cleared after comparison the two bills dated 02/06/2021 and 23/06/2021. That the aforementioned two bills is compared hereunder in the tabular from:-

            A.

Previous reading date 25/04/2021	Previous reading unit 528692	Unit consumed 1310	Adjustment unit 5000
Current reading date 02/06/2021	Present reading unit 530002	Unit consumed 1310	Adjustment unit 5000

 

            ^B.

Previous reading date 02/06/2021	Previous reading unit 530002	Unit consumed 9433	Adjustment unit NIL
Current reading date 23/06/2021	Present reading unit 539435	Unit consumed 9433	Adjustment unit NIL

 

                ^{That receiving bill dated 02/06/2021 and 23/06/2021 the complainant submitted his letter of objection against those two bills before the OP department on 02/07/2021 which was received by them on 02/07/2021 vide received on 252 dated 02/07/2021. That in that letter of objection the complainant sated that his unit was closed since 15th May till the date of filing the letter of objection due to lockdown declared by the State of West Bengal.}

          ^{That inspite of receiving the aforesaid written representation from the complainant submitted on 02/07/2021, that OP did not take any step to rectify the aforementioned two bills.}

          ^{That thereafter complainant received another electric bill dated 02/08/2021 of 9178 unites amounting to Rs. 80605/- which is also an exorbitant bill.}

          ^{That inspite of receiving the 1st exorbitant bill dated 02/06/2021 the complainant made payment of the bill amounting to Rs. 1,25,926/- on 24/06/2021 on protest as the OP assured that a fresh bill be prepared and in that bill the deposited amount will be adjusted and the excess amount will be adjusted on the next bills.}

            At this stage without going into the merit of case we think electricity is most essential part of the human life in the present day situation and as the complainant has been earning his livelihood from said we think ends of justice would be met up if the Complainant is directed to pay lump sum amount to O.P and the OP is to direct not to disconnect the electric line.

 Accordingly prayer for interim order is allowed.

The Complainant is direct to deposit Rs. 20,000/- to the O.P W.B.S.E.D.C.L Nalhati CCC, P.O and P.S. Nalhati, Birbhum within 7 days from this day and the O.P is directed not to disconnect the Electric Connection of the Complainant being ID No. 522140464 after payment of Rs. 20,000/- and also to directing the OP to install a new defect free meter/ Check meter to get proper consumption.

            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.

The complainant files requisite issue notice against the OP.

 Fixed 16/11/2021 for S/r and appearance and W/V from/by filing by the O.P.

Interim order will be effective till 16/11/2021.

            The Copy of the order be sent to O.P W.B.S.E.D.C.L, Station Manager, Nalhati CCC, P.O and P.S. Nalhati, Birbhum through speed post for Compliance.

           

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