Judgment On 05.05.2006

Present :- Shri B.K. Samanta, President,

                  Shri S.Paul, Member

This is a case for having proper bill and refund of excess money.

The Complainant’s case in short is that the complainant has got a electric connection from the OP vide meter No. 4S475710. The meter reading was unit-3 o 16.04.2005. Thereafter, without having proper reading and without mentioning proper reading No. one bill for Rs.58/- was sent on 13.07.2005. Thereafter mentioning present reading date as 30.07.2005 and previous reading on 27.05.2005 a bill was sent for the unit 320. Without having any meter reading the unit has been mentioned as 230 wrongly. The reading as mentioned is illegal as at present the meter running is only 80 units. The matter has been brought to the notice of the Electricity office but the employee of the OP refused to accept the application. Under the circumstances the OP prays for refund of excess amount of bill paid.

                The OP contested the case by filing written statement, wherein he denied the allegation. As per policy of W.B.S.E.B> as soon as the consumer got electric connection a provisional energy b ill is sent to the consumer for payment since W.B.S.E.B. cannot prepare 1^st quarterly bill within 3 months from the date of connection. Since W.B.S.E.B,. sent b ill after every 3 months from the date of connection. Since W.B.S.E.B. sent bill after every 3 months but 1^st energy bill sent after 1^st 3 months of date of connection showing consumption deducting the provisional amount paid by the consumer previously. As per rule firstly provisional bill was sent after connection in July, 2005 for Rs.58/- only. The 1^st energy bill show9ing reading was prepared for 3 months for connection i.e., on August/ 05 by deducting already paid and application fee was refunded. Now the petitioner has complained that no reading has been taken in preparing the 1^st  enegery bill and his present reading in August/80. Generally, this type of complainant are dealt by this office very promptly and with due care of the petitioner. The refusal of this respondent to accept application is totally false. Under the circumstances. The OP prays to reject the instant case with cost.

                                                                                           Point for decision

1. Is the complainant a consumer?
2. Is there any deficiency in service on the part of the OP?
3. Is the complainant entitled any relief as prayed for?

                                                                Decision

Point No.1 It is admitted by the OP that the complainant is the subscriber under him. So admittedly it can be said that the complainant is the consumer under the OP.

Point No.2 . It is the case of the complainant that the reading was firstly made on 16.04.2005 and a provisional billing was sent for Rs.58/- and the complainant paid that amount. It is admitted by the OP subsequently bill has been sent by the OP mentioning present reading 323 and previous reading 3. But the complainant submits that without any reading by the employee in the electricity authority the amount claimed for the unit 323 is wrong and the amount claimed is excessive. From the yellow card exbt. (1) it is clear that the meter reading was made only on 16.04.2005 as unit-3 and thereafter there is no note in the yellow card as regards reading but the bill submitted subsequent to that i.e. for unit-323 without any proper reading. In the written statement the OP submits that this would have been rectified if the complaint raised by the party. The case has been filed on 07.10.2005 till the date of argument i.e. on 31.03.2006, the OP has not done any effective step. However, on going through the bill, a provisional bill ext. (2) and (3) respectively, we can find that the OP has prepared bill without proper reading. In such circumstances, it is the duty of the OP to refund adjust excess amount if any paid by the complainant by proper reading. Considering the circumstances, we find that there is some deficiency on the part of the OP.

Point No.3 ON the basis of the forgoing discussions and material on record, we are of opinion that the complainant is entitled to get relief as sought for.

Hence,                                                                                        Ordered

That the case be and the same is allowed on contest against the OP. The OP is directed to inspect the meter by 15 days from this date and make proper reading and sent the revised bill to the OP, if there is any wrong reading. The OP further directed to adjust the excess amount paid by the complainant in the subsequent bill. The OP also restrained from disconnection the electric line mentioned above till the submission of revised bill if any and till and expiry of due date of payment of the revised bill. In default of doing so as per order the complainant is entitled to execute the order after expiry of the period mentioned above.