This is an application under Section 12 of Consumer Protection Act, 1986.      

Brief facts of the complainant’s case is that, the complainant, is a consumer of electricity supplied by O.P. W.B.S.E.D.C.L., having Consumer I.D. 401437149. The first Electricity Bill dt. 09/19 - 11/19 for 168 Units was billed at Rs. 1959/- (Rupees One Thousand Fifty Nine Only) with L.P.S.C. Rs. 758.17/- (Rupees Seven Hundred Fifty Eight and Seventeen Paisa Only) with outstanding of Rs. 577.50 (Rupees Five Hundred Seventy Seven and Fifty Paisa Only), after the Last Bill dt. 27.09.2019 had been paid by installment payment with all the billing dates being valid and overdue Electricity Bills  therefore, the L.P.S.C. and outstanding were unnecessary. The complainant thereafter, submitted and application dt. 24.10.2019 for the rectification of the above bill, but electricity bills were drawn without rectification being second electricity bills being dt. 12/19 - 02/20 for 58 Units amounting to Rs. 2532/- (Rupees Two Thousand Five Hundred Thirty Two Only) with L.P.S.C. Rs. 163.55/- (Rupees One Hundred Sixty Three and Fifty Five Paisa Only) and outstanding of Rs. 2143.20/- (Rupees Two Thousand One Hundred Forty Three and Twenty Paisa Only).  The Third Electricity Bill was drawn for the period 03/20 - 05/20 for 38 Units amounting to Rs. 2700/- (Rupees Two Thousand Seven Hundred Only) and L.P.S.C. 0.00 and outstanding of Rs. 2529.58/- (Rupees Two Thousand Five Hundred Twenty Nine and Fifty Eight Paisa Only).

During the Redressal Hearing, the O.P. W.B.S.E.D.C.L. tried to disconnect the line the complainant then filed this instant case. Hence this case.

The O.Ps. entered appearance and filed a Written Version, wherein they have stated that the service connection had been installed with zero reading, but during supervisory inspection on 26.05.2018, the meter reading was found to be 1882 Units and a bill amount to Rs. 14960/- (Rupees Fourteen Thousand Nine Hundred Sixty Only) had been raised. In between 2012 to 2018 no reading had been taken nor any bill raised by the O.Ps. The complainant had then approached the District Consumer Grievance Cell, Jalpaiguri, where the O.Ps., were directed to re-generate the bill giving tariff benefits along with installment to the complainant. Under such direction, bill amounting to Rs. 9944/- (Rupees Nine Thousand Nine Hundred Forty Four Only) dt. 04.10.2018 had been generated and twelve (12) installments had been allowed. The above amount included outstanding amount of Rs. 9506.59/- (Rupees Nine Thousand Five Hundred Six and Fifty Nine Paisa Only) for the period 2012 to 18.05.2018 and Rs. 438/- (Rupees Four Thirty Eighty Only) as energy bill for period 18.05.2018 - 25.08.2018.

Later, during February 2020, the complainant again approached the District Consumer Grievance Cell, Jalpaiguri, claiming excess billing and claimed relief for amounts Rs. 758.17/- (Rupees Seven Hundred Fifty Eighty and Seventeen Paisa Only) and Rs. 557.79/- (Rupees Five Hundred Fifty Seven and Seventy Nine Paisa Only) for the periods 2012 to 2018 and December 2018 to February 2019 respectively. In this regard, the amount for L.P.S.C. had been removed

during re-generation, for the period 2012 to 2018. But due to the Twelve (12) numbers of installments L.P.S.C. had been charged as per norms. The complainant also did not pay any of the current bill amounts except the installment bills, for which reason L.P.S.C. had accumulated and claimed in every quarter level. During 25.08.2018 the meter was found defective and replaced on 13.12.2018 for which reason the bill for December 2018 - February 2019, at the average rate of 0.935 Units per day amounting to Rs. 557.59 (Rupees Five Hundred Fifty Seven and Fifty Nine Paisa Only).

The complainant therefore, approached the instant Commission seeking relief from the following amounts:-

a) L.P.S.C. amount Rs. 758.17/-

b) Outstanding bill Rs. 557.59/-

c) Current bill Rs. 1959/-

The amounts of above a & b have been clarified whereas amounts of a & c were not matching with the data base record, where the current bill outstanding bill is Rs. 9369.64/- (Rupees Nine Thousand Three Hundred Sixty Nine and Sixty Four Paisa Only) including L.P.S.C. amount of Rs. 1150.84/- ( Rupees One Thousand One Hundred Fifty and Eighty Four Paisa Only) from 25.08.2018. Moreover, the complainant had not paid any amount excepting the Twelve (12) installments amounting to Rs. 9944/- (Nine Thousand Nine Hundred Forty Four Only).

As the complainant did not appear on repeated dates the case had been  taken up for disposal on merits. From the above facts it transpires that, though there were anomalies on the part of the O.P. W.B.S.E.D.C.L., duty was also cast upon the complainant to bring such anomalies to the notice of the O.P. W.B.S.E.D.C.L. also, but the complainant did not do anything of the sort and therefore, in spite of getting relief in payment of outstanding amount in Twelve (12) installments, he is barred from challenging the L.P.S.C. amounts payable by him, as the same has been levied, as per the norms of the W.B.S.E.D.C.L. Under the circumstance the complainant’s case, does not appear to have any merit. As a result the instant case fails.

It is therefore,         

            O R D E R E D

That the instant case be and the same is dismissed on merits and considering the facts and circumstances case without any costs.

Copies of the Judgement be delivered free of costs to the parties.