Complainant files hazira through his ld. Lawyers.
Today is fixed for passing order regarding admission of instant case.
We have gone through the facts of the case and papers and documents submitted on the side of the complainant. On perusal of the case record and relevant documents it appears that the dispute is apparently a billing dispute. Here it would be appropriate to refer the clause 3.5 of notification no. 55 of West Bengal Electricity Regulatory Commission published in Kolkata.
Gazette (extra ordinary) dated. 7th august 2013 CC/151/2019.
Which provide-
3.5.1(a) – In case there is any dispute in respect of the billed amount, the consumer may lodged a complaint with the grievance redressal officer or the central grievance redressal officer of the license and thereafter to the ombudsman in appeal against the order of the grievance redressal officer or the central grievance redressal officer, in accordance with the provisions of the concerned regulations.
In search a case aggrieved consumer, pending disposal of the dispute, may under protest, pay the lesser amount out of the following two options-
- An amount equal to the sum claimed from him in the disputed bill, or
- An amount equal to the electricity charges due from him for such month calculated on the basis of average charge of electricity paid by him during the preceding six months,
The amount so calculated provisionally as per clause (ii) above by the licensee and tendered by the consumer shall be accepted by the licensee against that bill on provisional basis.
3.5.2 – if any aggrieved consumer makes a provisional payment, as aforesaid, no penal measure including a disconnection for known – payment shall be taken against him till the dispute is settled either at the level of the grievance redressal officer or the central grievance redressal officer of the ombudsman, as the case may be. However, imposition of a delayed payment, surcharge, if applicable shall not count towards a penal measure for this purpose.
The aforesaid provisions of clause 3.5 of notification no. 55/WBERC dt. 7th august 2013 flows from theelectricity act, 2003 and as such it has a statutory force and a court/forum has no authority to bypass such legislative command. Here we find that the complainant served one advocate notice through this ld. Lawyer on 16/02/2019 and on receiving that that notice a reply was given by the assistant engineer and station master gangarampur customer care center WBSEDCL on 26/03/2019 that a challenge meter vide no. L0955151 was installed in the dwelling premises of the complainant and it was found that the disputed meter being no. L1493958 was in-perfectly okay condition. Now the only option left for the complainant was to approach to the RGRO or CGRO or Ombudsman as the case may be for ventilating his grievance if any. Here we find that the complainant instead of ventilating his grievances to the aforesaid authorized has filed this case before this forum but the complainant should have invocate clause 3.5 by lodging a complaint before the appropriate authority.
Under such circumstances this forum declines to admit this complaint.
Accordingly complaint is dismissed.
