District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Shri Siddhartha Ganguli - Member
Smt. S. Saha - Member
Consumer Complaint No. 48/2014
Khitish Paul
S/o Mahendra Nath Paul
Vill. Mallickpur,
P.O. Baul P.S.: Balurghat,
Mobile No. 9593416409
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
The Assistant Engineer
Patiram Customer Care Centre
W.B.S.E.D.C.L. (Patiram Utsab Bhaban)
Vill & PO: Patiram, Ph No. 03522273054
Dist.: Dakshin Dinajpur. …………………Opposite Party
Ld. Advocate(s):
For complainant ……………… - In Person
For OP ……………… - Shri Sudip Chatterjee
Date of Filing : 14.11.2014
Date of Disposal : 23.09.2015
Contd…P/2
Judgment & Order dt. 23.09.2015
Fact of the case in brief is that the complainant is a consumer under Patiram Customer Care Centre of W.B.S.E.D.C.L. lodged a complaint against the Assistant Engineer to the effect that his meter No. 704211 was not functioning properly and the meter was stopped. On the basis of the said fact that the complainant informed to the OP that even during period of non-functioning of the meter and the reading was not found in the said meter but the bill was received by the complainant to the tune of Rs.11,914/-. The complainant before filing of this complaint an intimation was given to the OP, but no effective step was taken from the side of the OP, as such the complainant filed this case for redressal of his grievance.
The OP contested the case by filing a written objection whereby it was stated that the complainant is a consumer under Patiram CCC and previously he paid the bill amount as per demanded by the OP on 28.7.2014. For the first time informed the office that the old meter is to be changed as it was stopped and after receiving his complaint the old meter was changed and installed in his residence. Subsequently, the complainant raised objection of the bill of 1111 units billing dt. 11.8.2014 for the month of July, August, September, 2014 an amount of Rs.8,266.59 paise and also submitted a petition for correction of the said bill but the bill after scrutiny was found correct and prepared by following the Regulation and it was informed to the complainant accordingly.
The said bill was prepared as per clause 3.6.2 of the Regulation 55 whereby it has been stated that if any meter is found stopped on defective then the calculation is done on the basis of reading history for the said consumer as per period of 12 months immediately proceeding to the date of inspection. After perusing the previous bill it was found
Contd…P/3
that the bill dt. 9.7.2013 for the period of July – September, 2013 as per Regulation 55 range 4.4.2013 to 4.7.2013 for 91 days it was found that the consumer consumed 1045 units which was recorded in the card unit from 7068 to 8013 as the meter stopped in the same circle of the year of 2014. So estimated bill calculated on the basis of bill dt. 9.7.2013 vide invoice No. 406001403011. According to the previous bill the alleged bill vide invoice No.448000076469 for the period 2.3.2014 to 5.7.2014 i.e. 107 days calculated viz. [(945 ¸ 91) x 107] = 1111.54 units which claimed in the billing month July to September, 2014.
The OP also started in the written version that between the period October to December, 2013 the consumer consumed 530 units which was shown in the card and the reading date for the period from 4.7.2013 to 26.9.2013 for 84 days according to the said bill, the bill is to be prepared for the next year during the months of October – December, 2014 between the period from 5.7.2014 to 13.10.2014 i.e. 100 days and the bill for the during that period the bill was calculated on the basis of previous bill [(530 ¸ 84) x 100] = 630.95 units. As per the Regulation the estimated claim of the OP was duly recorded in the computer and the complainant accepted the said bill and paid in the same year of 2013, therefore, no extraneous consideration was made by the OP for preparation of the bill. Accordingly, the OP has claimed for allegation levelled by the complainant is totally false and it has got no basis, therefore the complaint is to be dismissed.
On the basis of the pleadings of the respective parties following points are to be determined:-
- Whether the complainant was charged for excessive amount during the period the meter remained stopped?
- Whether the calculation made by the OP was wrong or was it prepared as per Regulation 55?
Contd…P/4
- Whether as per Regulation the bill was prepared in case of billing for consumption of electricity of defective or defunct meter?
- Whether the complainant will be entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
The complainant is admittedly a consumer of electricity under the OP and it was also admitted fact that the complainant had no grievance up to the period which he paid the bill without expressing his any grievance until the date of detection of the defect of the meter. It is also admitted fact that the complainant raised objection on 28.7.2014. It is also admitted fact that the meter was replaced. From the materials on record it was found that the period when the meter was not functioning and the bill was prepared as per clause 3.6.2 of Regulation 55 and the calculation was made on the basis of reading history of the said consumer as per period of 12 months immediately proceeding to the date of inspection. It was found that the complainant had paid the bill invoice No.406001403011 dt. 9.7.2013 for the billing month July to September, 2013 in the reading date between the period of 4.4.2013 to 4.7.2013 i.e. for 91 days and the unit consumed during that period from 7068 to 8013 i.e. 945 units in which it was recorded in the card kept in the premises of the consumer. It is also admitted that from the materials on record that as per meter stopped in the circle of the year of 2014. So, estimation of the unit was made on the basis of invoice No. 406001403011 which was paid by the complainant. Subsequently, as per invoice No.448000076469 for the reading range between the period
from 20.3.2014 to 5.7.2014 i.e. 107 days and calculation of unit will be [(1945 ¸ 91) x 107] = 1111.154 unit i.e. 1111 unit was claimed from the complainant in respect of invoice No.448000076469 for the billing month July to September, 2014.
Contd…P/5
From the materials on record it is crystal clear that the next quarter for the year 2013 i.e. October to December, 2013 the consumer was charged for 84 days and he consumed 53 units and as per rules in the next year for the billing month October to December, 2014 for the reading date during the period from 5.7.2014 to 13.10.2014 (i.e. 100 days) the calculated unit will be [(530 ¸ 84) x 100] =630.95 unit (i.e. 631 units) which was claimed from the consumer vide invoice No.476000077876.
On the perusal of the said calculation it was found that the OP claimed electric bill during the period the meter remained stopped and the calculation was made as per Regulation 55 the clause 3.6.2 and the amount was claimed from the complainant by OP on the basis of units enjoyed by the complainant during the same period of previous year. The calculation as shown in the written objection coupled with the documents filed by the complainant have the similarity and there was no discrepancy in respect of document filed by the complainant and the documents relied upon by the OP. It is pertinent to mention here that the unit calculated by the OP was made as per rules and regulations as envisaged in the Regulation 55 clause 3.6.2. Therefore, we hold that no illegal act was committed by the OP and the complainant is duty bound to pay the bill amount charged by the OP. Thus, all the points are disposed of accordingly.
So far as the claim of the complainant is that he is a poor man he cannot pay the entire amount at a time, therefore, he should be given some relief by allowing installment to the complainant to liquidate the outstanding dues as claimed by the OP.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.48/2014 is dismissed on contest but the complainant is given liberty to pay the
Contd…P/6
entire amount to the OP in 10 (ten) equal installments. The first of such installment is to be paid within 30 September, 2015 in this month and he must go on paying the subsequent installments within 15 days of each succeeding month. The complainant must pay the current bill amount if the bill is sent to him by the OP for consumption of electricity for subsequent months from the disputed period.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(S. N. Chatterjee)
President
We concur,
……Sd/-..…… ……Sd/-..……
(S. Saha) (S. Ganguli)
Member Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
- Mode of dispatch ……………………
- Date of dispatch ……………………
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