BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 20 of 2018
Sri Bimal Agarwal
S/o Sri Badri Prasad Agarwal, of Janiganj, Silchar ……………………………. Complainant.
-V/S-
1. The Chairman, (APDCL)
Assam Power Distribution Co. Ltd.,Bijulee Bhawan,
Paltan Bazar, Guwahati-781008 …………………………………………………O.P No.1
2. The Chief Manager, (APDCL)
Assam Power Distribution Co. Ltd.,Bijulee Bhawan,
Guwahati-781008 ……………………………………………………………………..O.P No.2
3. The Assistant General Manager,
Electrical Division, (APDCL), Silchar
Radhamadhab Road, Silchar-788005 ………………………………………..O.P No.3
4. The Sub-Divisional Engineer,
Silchar Electrical Sub-Division-I, (APDCL), Silchar ………………………O.P No.4
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Sri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared: - Mr. Subrojyoti Dutta, Advocate for the complainant.
Mr. Suddhasatta Choudhury, Advocate for the O.Ps.
Date of Evidence 27-12-2018, 02-02-2019
Date of written argument 25-02-2019, 01-04-2019
Date of oral argument 08-05-2019
Date of judgment 23-05-2019
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Sri Bimal Agarwal being the Consumer of the Assam Power Distribution Company Ltd. (APDCL) brought this complaint against the APDCL and its 3 (Three) more official for cancellation of Revised Bill No. 18/10 dated 18-04-2018 of Rs.4,08,185/-(Rupees Four Lac Eight Thousand One Hundred Eighty Five) and award of compensation for harassment, disservice etc. The complainant also prayed for cancellation of Electricity Bill No. 040002414807 dated 18-04-2018 for Rs.87,767/-(Rupees Eighty Seven Thousand Seven Hundred Sixty Seven) only.
- Brief facts:-
The complainant is a consumer of APDCL for electricity connection. His consumer No. is 147000021295 for his business establishment. The O.P installed the Electricity Meter No. ASED-6292 in the business premises of the complainant. Accordingly, the O.P is realized electricity consumption bill time to time. But quite surprisingly the complainant received a letter dated 10-03-2018 vide Memo No. APDCL/SESDI/2016-17/Act-6/723 with Revised Energy Bill No. 18/10 dated 10-03-2018 amounting Rs. 4,08,185/- for the period from 16-12-2009 to 08-04-2013. As the complainant raised objection about that bill, the O.P did not solve the problem rather threatened the complaint to disconnect the electricity line from his business premises if the payment of that bill is not made within stipulated time. Not only that the O.P raised another Bill No. 040002414607 dated 18-04-2018 for the period from 23-02-2018 to 20-03-2018 of Rs. 87,767/- without resolving the earlier revised bill.
3. Hence, brought this case, the O.Ps in their joint W/S stated inter-alia that average bill raised for the period from 12-03-2009 to 08-04-2013 due to defective meter in the premises of the complainant and now in view of Audit Report dated 20-06-2014, the revised bill has been raised as per provision of clause No.4.2.2.4 of the terms and conditions, Regulations (First Amendment 2007) notified by AERC.
4. During hearing the complainant submitted deposition supporting affidavit and exhibited documents and also submitted written argument. Similarly, the O.P also submitted deposition of Sri Nitish Nath, the Sub-Divisional Electrical Engineer, Silchar Electrical Sub-Division No.1 and exhibited relevant documents and also submitted written argument.
5. Heard oral argument of both sides’ counsels and perused the evidence on record including written argument and exhibited documents.
6. In this case, it is crystal clear from evidence on record that Revised Electricity Bill of Rs.4,08,185/- raised by the O.P as per the procedure mention in clause 4.2.2.4 of terms and conditions of AERC guidelines and direction of A.G. Audit Govt. of India, vide Ext-1 and Ext-2.
7. I have gone through the case record and content of the Ext.4 Audit Report. There is no direction in the Audit Report to realize the amount mentioned in the revised energy bill from the complainant. Of course, in the bottom of the said report it has been observed as follows -
“Non-compliance of the provisions contained in AERC Regulation in addition with non-preference of bills has resulted in loss of revenue of Rs5.44 Lakh (Rs.4,08 Lakh + Rs.1,36 Lakh), which also risks getting time barred.”
8. Anyhow, on careful perusal of the above referred Clause 4.2.2.4 of Terms & Conditions of AERC, it is understandable that the APDCL has a right to raise revised electricity energy bill for a period for which average bill has been realized on account of defect in the Meter installed in the premises of the complainant on the basis of monthly average unit consumption for preceding 3(three) months and succeeding 3(three) months whichever is higher. But at the same time the Clause 4.3.3 of that Terms & Conditions of AERC has put a limitation for realization of the revised bill up to 2(two) years from the date of first fallen due, if the average bill was not raised with arrear.
9. In the instant case it is crystal clear that the revised electricity bill was raised on 10.03.2018 for a period from 16.12.2009 to 08.04.2013 in view of Ext.1 & Ext.2. Thus, the period of limitation of 2 (two) years in view of Clause 4.3.3. of Terms & Conditions of AERC has been expired. Therefore, in my consider view, the Bill No.10/18 for Rs.4,08,185/- for the period from 16.03.2009 to 08.04.2013 is time-barred. Thus, the OPs are not legally entitled to realize the revised bill and as such the revised bill is not enforceable because that bill is not relating to any arrear expressed in the earlier bills.
10. However, I do not find any cogent ground for raising objection against the Bill No.040002414607 dated 18.04.2018 for Rs.87,767/- because the said bill has been raised for the energy consumption period from 23.02.2018 to 20.03.2018. As such the relief which is seeking by the complainant for cancellation of the above bill for Rs.87,767/- is not tenable in the eye of law.
11. With the above, the case is disposed of on contest without cost of the proceeding. Supply free certified copy of the judgment to the parties. Given under my hand and seal of the District Forum on this the 23rd day of May,2018.
