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

CASE No.CC 152/2014.

 Date of Filing:   26.11.2014.                                       Date of Final Order: 28.02.2017

Complainant: Sherban Sk. S/O Late Aleb Sk. Vill&P.O. Monigram, P.S. Sagardighi,

                        Dist. Murshidabad.

-Vs-

Opposite Party: Station Superintendent, Sagardighi Group Electric Supply, WBSEDCL,

                          P.O.&P.S. Sagardighi, Dist. Murshidabad.

                       Present:   Sri Anupam Bhattacharyya …………………. President.                              

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

FINAL ORDER

Sri Samaresh Kumar Mitra  Presiding Member.

            This complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 praying for an order directing the OP to change electric meter of the complainant as the same is defective and further to send proper fresh bill after correction the previous bill.

            The complainant, in brief, is that he is a cultivator and uses electricity by setting up a Submersible pump in his land under Consumer I.D. 30988699 and installation No. 14111915. Since installation of pump-set he has been paying electric bills regularly. Subsequently, it is noticed that inflated and imaginary electric bills are being sent by the OP without taking actual meter reading. The complaint made complaint to the OP for changing the defective meter but to no effect. With mitigating his problem, the OP threatened to disconnect the electric line of the complainant. Finding no other alternative, the complainant files this complaint for proper relief. Hence, the complaint.

            By filing written version the OP denied all the main allegations raised  by the complainant in his complaint and submits, in brief, that complainant has STW connection having Consumer I.D No. 300988699 with Meter No. RGX 88113. The contractual Load of the connection is 3.21 KVA. After inspection it was detected that Meter was working properly. The last meter reading could not be taken by the Meter Reader as the door of the premises was locked. Hence, average bill of 4638 units was claimed. On 10.03.2015 meter reading was found to be 43594359 units as the average bill claimed due to door lock is higher than the present reading. There is an outstanding of Rs.8, 920.09 from the complainant. Bills were sent as per meter reading. The Meter is O.K. So, there is no deficiency on the part of the OP. The present connected load of the petitioner is 11.32 KVA , but the Contractual Load is 3.21 KVA which is against the regulations of WBSEDCL. As such a letter has been sent to the complainant on 20.02.2015 directing him to submit the papers for enhancement of load but he is reluctant.  The present case is liable to be dismissed.

                                                   Point for decision.

            Upon pleadings of both sides the following points have been arranged for the disposal of the case.

1. Whether the petition is maintainable in law?
2. Whether the complainant has any cause of action to file the case
3. Whether the case is barred by law of limitation?
4. Whether the complainant is entitled to get relief as prayed for?

                                                             Decision with Reasons.

Point Nos. 1 to 4.

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

                The complainant has filed affidavit-in-chief where he denied the averment of the OP. He also files a Xerox copy of yellow card, Xerox copies of  letters addressed to the Higher Authorities of WBSEDCL,  and a payment voucher for Rs.8610/- and unpaid electric bill for Rs.21179.29

                From the case record it appears that the complainant consumes electricity by paying electric bills regularly. So, he is a consumer under the OP.

                In our opinion due to accumulated reading a huge electric bill for Rs.21179.29 was served upon the complainant which he enjoyed. So, the complainant is under obligation to pay the bill but in some installments.

                The complainant is directed to pay Rs.21179.29 by 11 monthly installments @Rs.2000/- per month for 10 installments and the 11^th installment is for Rs.1179.29. The complainant is also directed to pay the current bills as per date mentioned in the bill.

                The OP is directed to reconnect the electric line of the complainant after getting the first installment, if it was already disconnected.

                The OP is also directed to install a new meter in place of old one to avoid further complication after getting the first installment.

                Hence,

                                                                   Ordered

that the Consumer Complaint No. 152/2014 be and the same is hereby allowed on contest in part

The complainant is directed to pay Rs.21179.29 by 11 monthly installments @Rs.2000/- per month for 10 installments and the 11^th installment is for Rs.1179.29. The installments will be paid by the complainant within 1^st week of each month.

The complainant is also directed to pay the current bills as per date mentioned in the bill.

                The OP is directed to reconnect the electric line of the complainant after getting the first installment, if it was already disconnected.

                The OP is also directed to install a new meter in place of old one to avoid further complication after getting the first installment.

                In case of any default regarding the installments/current bills by the complainant, the OP is at liberty to act as per procedure of Indian Electricity Act.

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.