IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

             CASE No.  CC/57/2018.

 Date of Filing:                    Date of Admission:                Date of Disposal:

    06.04.18                                     18.04.18                                     27.03.19

Complainant: Umar Ali

                        S/o Akbar Ali, Vill-Gangadda,

                        PO-Khaira, PS-Sagardighi

Dist-Murshidabad,

 Pin-742226

-Vs-

Opposite Party: Station Manager, Sagardighi Customer Care Centre,

WBSEDCL, Vill&PO&PS- Sagardighi,

 Dist-Mursidabad,

 Pin-742226

Agent/Advocate for the Complainant : Sri. Partha Majumder.

Agent/Advocate for the Opposite Party         : Sri. Siddhartha Sankar Dhar.

                       Present:   Sri Asish  Kumar Senapati………………….......President.                              

                                          Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   Smt. Aloka Bandyopadhyay, Member.

 This is a complaint under section 12 of the CP Act, 1986.

         One Umar Ali (here in after referred to as the Complainant) filed the case against Station Manager, WBSEDCL, Sagardighi CCC(here in after referred to as the OP) praying for compensation alleging deficiency in service.

The sum and substance of the complaint case is as follows

            The Complainant used to have & hold a STW connection having consumer ID No. 302091438 by paying the bill regularly. But in the month of February, the Complainant noticed that the meter was not functioning properly and he made a complaint before the OP on 05.02.18 regarding defective meter whose docket No. was 17749784. But the problem was not solved and the bill has been generated considering the consumption of 6863 unit and the bill was prepared claiming an amount of Rs. 32,114/- though the meter defect has been mentioned in the bill prepared by the O.P  for the month of the March. After so many complaints before the OP, the Complainant had not received any positive response for correction of the aforesaid bill.

            Finding no other alternative the Complainant filed the instant case before this Forum for appropriate relief.

            The OP filed written version, contending inter alia that the case is not maintainable as the bill from 18.01.18 was sent to the Complainant on estimated basis as per regulations 3.6 WBERC as the meter no YXB008527 was found defective at the time of taking the meter reading and due to non-availability of III phase meter. Though the meter was not replaced at that point of time but later on 28.03.18 it has been replaced. Now the bill is as per meter reading , so the case is liable to be dismissed.

            Now the question arises whether the Complainant is a consumer and he is entitled to get relief as prayed for?

  All the points are taken up together for the sake of brevity and convenience.

Decision with reason

            Admittedly, the Complainant is a customer of the O.P for having STW connection and for this reason he has staped as a consumer. It is also admitted that the meter was defective at the point of time when the bill was generated for the period of 18.01.18 to 17.03.18 as the billing date was 28.02.18. In the said bill present reading has been shown as 34218 unit and previous reading was 27655 unit. So the unit consumption at that period was shown 6863 as the meter was defective and the same has been informed to the OP and the OP also admitted the same and it has been mentioned in the bill also. So, the figure shown in the meter as consumption unit was not actual consumption. The reading date was 22/02/2018 and billing date was28/02/2018 and the bill was for the month of April 2018. After so many requests, the corrected bill for that period has not been provided to the Complainant. Here lies the deficiency in services on the part of the OP.

            In our considered view , the O.P may be directed to rectify the bill for the month of April 2018 on the basis of average consumption for six months preceding the bill period when the meter was properly functioning and the complainant may be directed to pay the amount of rectified bill for the month of April 2018,by 15 days from the date of receipt of the bill .

Reasons for delay

The Case was filed on 06.04.18 and admitted on 18.04.18. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day order.

In the result, the Consumer case succeeds.

Fees paid are correct. Hence, it is

                                Ordered

   that the complaint Case No.CC/57/2018 be and the same is hereby allowed on contest against the OP but without cost.

            The O.P be directed to rectify the bill for the month of April, 2018 on the basis of average consumption for six months preceding the bill period when the meter was properly functioning within 30 days from the date of this order and the complainant be directed to pay the amount of rectified bill for the month of April, 2018 by 15 days from the date of receipt of the bill .

            Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in

Dictated & corrected by me.

          Member

  Member                                                                                                   President.