A bill dated 27.03.2017 amounting Rs.177892/- for the period from 01.04.2010 to 20.03.2017 has agonized the consumer having consumer ID No. 401882919 with the OP and has led to lodge this complaint u/s 12 of the C.P Act 1986 for redressal.
The complainant in brief may be reproduced that the complainant Sanjit Das @ Sanjit Bediya Son of Dhanjay Bediya @ Dhanajay Mahato and Dhaneshwar Badiya had got a bill in the name of his father Dhanaswar Mahato having the same consumer No.for the period as aforesaid. The said Dhananjhay Bediyahad got a electric connection as STW connection on 01.04.2018 against application No.437 and quotation No. 28.05.2008 for an amount of Rs 2250.00/-which has been paid. The allegation lies regarding the change in the name of the original consumer and also a bill for a period of about 7 years at a time. The complainant has claimed a compensation of Rs. 40,000/- & litigation cost amounting Rs.10000/-.
The Op in their written version has stated that the complainant is a bona fide consumer with a consumer ID No. as stated by the complainant. But no bill since installation of the connection i.e. from 01.04.2010 had been sent earlier, so for the period from 01.04.2010 to 20.03.2017 a bill has been prepared amounting Rs.177892/- including LPSC charges. According to clause No.3.1.6 of the West Bengal Electricity Regulatory Commission vide notification No.55/WBERC dated August 7, 2013, the consumer has also the responsibility to note down in writing regarding non receipt of bill. The bill has been prepared according to physical meter reading that is shown 41218 units for the said period. The service connection was done by the energy meter No. 5x60486 (Three phase) to the STW of the complainant. They have no willful laches on their part and so have no question of compensation.
On argument the ld. Lawyer for the complainant questioned the authority of the OP to prepare a bill earlier than 2 years from the date of reading. He has also told to the Forum that since 2010 the complainant has pursued the OP for sending bills for electricity consumption but no result. Further after receiving the bill for the period as stated earlier, the complainant has sent advocate’s notice dated 13.11.2017. But the complainant has produced no such documents in support of his statement of pursuing the Op for sending bills since 2010 and could not satisfy this Forum to the question why Advocate’s notice regarding the exorbitant accumulated bill for the long period was sent about 7 months after receiving the same. The complainant in person could not justify whether he has applied for changing the name of the electricity connection of his deceased father to his name.
The Ld. Lawyer for the OP on argument has stated the same what has been filed in the written version. He questioned if the complainant is a consumer when the meter is not in his name, though in the written version, the OP has conceded the complainant as a bona-fide consumer. In reply to the questionnaire from this Forum the Ld. Lawyer for the OP has failed to provide satisfactory reply how the name of the consumer differs from the quotation payee to the person whom the bill has been sent and also why such a long period of time the meter reading has not been taken by the OP.
Points for decision :-
- Whether the complainant is a consumer to the OP?
- Is there any deficiency in service on the part of the OP?
DECISION WITH REASONS
Regarding the first point it to be noted here that the complainant though raised the question of maintainability in regard to the “Consumer Character” of the complainant but in his written version he has admitted the complainant as a bona-fide consumer. Moreover, it is the observation of the national commission regarding section 2 (1) (d) (ii) - beneficiary of a service also falls under category of a consumer – even if complainant was not able to provide evidence that he had taken premises on lease, facts and circumstances of record making it amply clear that complainant has been in control of premises in question and has been availing himself of services provided by the OP.
From the above discussion it is observed that the OP has actually taken no reading for the whole period of about 7 years. Though it is obligatory according to section 3.1.3 of the West Bengal Electricity Regulatory Commission to prepare bill regularly as stated in the said section “In case of monthly billing, meter reading should normally be taken between a period of 28 days and 32 days of the last meter reading unless specifically exempted by the commission in deserving cases keeping in view the form of operation of licensee, type of consumer etc.” Generally in respect of STW connection the authority has to send bills to the consumer on monthly reading basis and here lies a deficiency on the part of the OP. The consumer also has shown negligence in the matter of receiving bill according to section 3.1.6 of notification no.55/WBERC dt.07.08.2013 and also paying the bill amount as it is told by the Ld. Lawyer of the OP that they had sent an Advocate’s notice regarding the bill amount about 7 months after receiving the bill in dispute. The complainant has not filed any document that proves that he had the good gesture for payment of electricity consumption. Though it is fact that the complainant had enjoyed the electricity service throughout the period and is consuming till date without interruption. It is surprising why the OP has not disconnected the line according to clause 4.1.1(i) of the notification no. 55/WBERC dt.07.08.2013. We are surprised to note that the OP knows clause 3.1.6 of West Bengal Regulatory Commission Notification No.55/WBERC dated August 7, 2013 but does not know clauses 3.1& 4 of the same notification, according to which he should discharge his duties. The OP is not only deficient in service but also negligent to his duties for which he is paid.
Hence, it is
O R D E R E D
- The OP will prepare a bill within 15 days from the date of this order for the period from 01.04.2010 to 20.03.2017 on the basis the physical reading units 41218 without imposing any LPSC up to the date of last payment.
- The payment for the fresh bill will be made by the OP in 20 equal installments.
- The OP is directed to prepare further bills incompliance with notification No.55/WBERC dated 07.08.2017 on a regular basis. The case is disposed of without imposing any cost.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
