In the District Consumer Disputes Redressal Forum, Murshidabad
Berhampore, Murshidabad.
Case No. C.C/133 /2015
Date of filing: 21/09/2015 Date of Final Order: 24/11/2016
Amulya Halder.
S/O- Murali Mohan Halder.
Vill.-Sahajadpur, Taltala. P.O.- Sammatinagar.
P.S.- Raghunathganj.
Dist- Murshidabad, ……………………………... Complainant
- Vs-
Station Manager, Jangipur Customer Care.
W.B.S.E.D.C.L, P.O.- Jangipur.. P.S.- Raghunathganj.
Dist.- Murshidabad. ………….….………… Opposite Party
Mr. Prabir Banerjee. Ld. Adv…………….……………………………. for the complainant
Mr.SiddharthaSankarDhar Ld. Advocate………………………………for the Opposite Party.
Before: Hon’ble President, Anupam Bhattacharyya.
Hon’ble Member, Samaresh Kumar Mitra.
Hon’ble Member, Pranati Ali.
FINAL ORDER
Pranati Ali.Member.
Instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 for replacement of a defective electric meter as well as a corrected fresh bill against an inflated bill by the Opposite Party.
The complainant’s case , in brief, is that the complainant Amulya Halder is a consumer of the OP for the electric connection of his residence being customer ID. No 300074383. The complainant used to pay the bills regularly only for his two points i.e one light and one fan , but on 20.06.2014 he received a bill with an amount of Rs.53,355/- for the month of June,2014 which is an inflated bill. The complainant informed and requested the OP along with a written to the A.E. Jangipur on 25.03.2014 to make a corrected bill but the OP did not pay any heed to the matter. Then, the complainant came to this Forum for proper redress.
On the other hand the OP appeared in this case by filing written version, where he denied all the allegations . According to the OP, the complainant having Consumer I.D. No 300074383 and having Meter No. L 1445594, which was installed on 20.11.2011 and first meter reading, was on 06.06.2013 with 2136 units. The found the meter was defective, so he received estimated bill was sent for 2136 units was amounting to Rs. 15,651/- , but the complainant did not pay the amount, and so the OP disconnected the said line on 10.12.2014. The OP also found at the time of inspection the meter using by the complainant is being N0.B 1472798, which has not been installed by the OP. So, this complainant is not fair . The complaint 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 complainant is entitled to get any relief or not.
Decision with Reasons.
It is pertinent to mention that the complainant has submitted some documents in support of his case.
Perused the documents on the record, we observed that the complainant received a bill amounting to Rs.53, 355/- for the month of June, 2014 is an admitted fact. Submitted bills show that this fabulous amount comes gradually within one year. Actually the bill for the month of September 2013 was amounting suddenly Rs.33, 696/- whereas March, 2013 bill was of Rs.464/- only. Astonishingly both the bills unit consumption column was ‘0”. All these disorder of those bills proved that bills were not prepared properly as well as the OP/Station Manager also stated in his written version that the meter was defective and for that he prepared the bills on the basis of average units consumption, which is an example of deficiency in service on the part of the OP.
Besides this , another evidence on gross negligence kin the service on the part of the OP is the copy of the yellow card or the meter reading record, where we observed that on 19.11.2011 the meter was installed and started with 000000 but on 06.-6.2013 was the next reading which was after more than one and a half year when it was found defective by the OP. Then on 15.06.2013 the met4r starts again from 000000 and again the next reading was taken on 10.02.2014 which was after 8 months with the consumed unit 55 and on the same d ay it was disconnected.
The OP stated in his written version as well as at the time of pleadings that the complainant did not pay the bills, though the OP prepared average bills and for that the OP disconnected the electric line of the complainant. But the OP did not realized that power complainant was unable to pay even the average bills made by the OP and without meter reading making an average unit for a long period is not a solution, rather offence. In this regard, we have out clear view that the OP had gross deficiency /negligence in service to make average bills without meter reading for a long time, especially after knowing the meter is defective.
Besides this, the OP made another allegation against the complainant in his written version that the complainant used to another meter, but the OP failed to prove that through cogent documentary evidence.
On the basis of the above discussions and material on record, we are of the view that the complainant is entitled to get the disputed bill be corrected and a fresh bill be prepared for the period from 2/13 to the date of installation of new meter , giving installments facility deducing the amount already paid for preparation of fresh bill for the period from billing months of February 2013 to the date of installation of new meter and as such all the previous bills for the period from February 2013 to the last bill u to insallation of new meter be treated as cancelled.
Hence,
Ordered
That the Consumer Complaint No. 133/2015 be and the same is hereby allowed in part without any order as to cost.
The case is disposed of as per terms as under:
- The OP /Station Manager, Jangipur CCC, WBSEDCL is directed to cancel all the bills from February 2013 to last bill which was prepared.
(ii) To install a new meter within 15 days from the date of receipt of this order and take three months’ reading. Issue current bill.
(iii) From order No. (ii) ascertain the monthly energy consumption of the complainant and prepare a fresh arrear bill for the period from February 2013 to the date of installation of the new meter.
(iv) This arrear bill is to be prepared and served upon the complainant to clear off the previous energy consumed by the complainant, keeping in mind that the rate per unit energy is to be charged at prevalent rate.
(v) The amount deposited by the complainant during period from February, 2013 to the date of installation of the new meter is to be adjusted from the bill so prepared as per order No.(iv).
(vi) 12 monthly installments is to be given to the complainant to pay the arrear bill for the period from February, 2013 to the date of installation of the new meter.
No other reliefs are awarded to the complainant for harassment and mental agony.
At the event of failure to comply with the order the Opposite Party shall pay cost @ Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 30 days by depositing the accrued amount, if any, in the Consumer legal Aid Account.
Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary Post for information & necessary action.
Dictated and corrected by me.
Member, Member, President,
