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
Consumer Complaint No. 24/2015
Patras Minji,
S/o Late Manga Minji (Oraw),
Vill-Oswail,
PO: Bhatra, PS: Balurghat,
Mobile No. 86705 38880
Dist. Dakshin Dinajpur ………………Complainant(s)
V-E-R-S-U-S
1. The Assistant Engineer Manager,
West Bengal State Electricity Distribution Co. Ltd.
Power House, PO: Beltala Park,
P.S: Balurghat, Dist.: Dakshin Dinajpur.
2. The Station Manager,
West Bengal State Electricity Distribution Co. Ltd.
Patiram Consumer Care Centre,
Under Balurghat Group Electricity
P.S.: Balurghat.
Dist.: Dakshin Dinajpur. …………………Opposite Parties
Ld. Advocate(s):
For complainant …………… - Shri Santanu Dey
For OP Nos. 1& 2 …………… - Shri Sudip Chatterjee
Date of Filing : 26.03.2015
Date of Disposal : 15.09.2015
Contd…P/2
Judgment & Order dt. 16.09.2015
The case of the complainant in brief is that he had earlier filed a case being CC No. 42/2013, which was disposed of on 12.9.2013 whereby this Forum was pleased to direct the OPs to issue a fresh bill in the name of the complainant within one month with a direction to restore the STW connection of the complainant within one month from the date of payment of the said bill. The OPs were also directed to pay compensation of Rs.2,000/-. The complainant had to file Execution Application on 13.1.2014 being E.A. No. 1/2014.
As per order of the Forum the OPs issued a bill dated 25.6.2014 amounting to Rs.15,738/- and the complainant paid the said amount and accordingly the connection was restored on 26.11.2014.
It is the contention of the complainant that on 15.2.2014 the staff members of the OPs came to house of the complainant and intimated the complainant verbally that one outstanding bill amount is pending against the aforesaid STW connection and the line will again be disconnected, if the said outstanding dues are not paid by the complainant immediately. After coming to know of the said fact the complainant had been at the office of the OP-1 and a bill was issued to the complainant amounting to Rs.62,870/- without mentioning any consumption energy by the complainant and Rs.61,906/- has been mentioned as outstanding in the said bill. After receiving the said bill the complainant become astonished thereafter the OPs again sent another bill dt. 13.3.2015 claiming the amount of Rs.63,884/- showing the previous outstanding bill as Rs.62,880/- which is illegal, baseless and concocted.
The complainant received one demand notice on 23.3.2015 whereby the OPs demanded of Rs.61,906/- for the month of August, 2013 and Rs. 974/- for the month of September, 2013. A threat of
Contd…P/3
disconnection has also been given by the OPs for non-payment of outstanding amount as per their demand. It was specifically stated by the complainant that the previous disputed bill dt. 7.3.2013 was generated in the month of February, 2013 against which the CC No.42/2013 was filed on 13.5.2013 before this Forum after disconnection of STW line of the complainant, the said connection was restored on 26.11.2014. In view of the said fact that it was claimed by the complainant that there cannot be any enjoyment of consumption of electricity since the connection was severed and accordingly the complainant prayed for demand made by OPs is illegal, concocted and baseless and also for other reliefs including restraining the OPs to disconnect the connection of the complainant and also prayed for compensation.
The OPs contested the case by filing written version whereby the OPs denied all the material allegations of the complaint. It was specifically stated by the OP No. 1 that the complainant is fully aware that he is a consumer under Patiram CCC and OP No. 1 has got no connection with the petitioner. It was also stated that the complainant previously filed a case and got an order in his favour but he did not deposit the amount as ordered by this Forum, as a result LPSC charge has been brought in his bill and also there is some outstanding amount lying in his name. The bill amount was Rs.62,870/- for bill months of September, 2013 including outstanding dues of Rs.61,906/- within date of 10.3.2015 for Feb. May, and August, 2013 including LPSC charges for Feb. 2013 after due date amount was found Rs.62,880/- and accordingly notice was served upon the complainant for payment.
In view of the facts and circumstances of the above case the OP No. 2 has prayed for dismissal of the case. On the basis of the pleadings of the respective parties following points are to be determined:-
Contd…P/4
- Whether there was any outstanding dues made by the complainant after institution of earlier case?
- Whether there was any lapse on the part of OPs in issuing the bill to the complainant?
- Whether the complainant is liable to pay any amount to the OPs?
- Is the complainant 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 same facts.
Ld. Lawyer for the complainant argued that the earlier complaint had filed a case being CC No.42/2013 whereby the complainant challenged the bills issued by the OP No. 2 and this Forum after hearing of both the parties passed an order directing the OPs to issue a fresh bill in the name of the complainant for consumption of electricity keeping in view of the provision of sub section 2 of section 56 of the Electricity Act, 2003 within one month from the date of order and OPs were also directed to restore the STW connection within a period of one month from the date of making such payment by the complainant. The said order was passed on 17.9.2013 by the then President of this Forum.
In compliance with the said direction the complainant paid the amount of Rs.15,838/- including reconnection charge and the amount was paid on 11.9.2014 and 10.11.2014 respectively. After receiving the said amount the connection was restored but the bills sent by the OPs clearly mentioned that the period during which there was no connection the OPs claimed electricity charge during that period for which the complainant had no other alternative but to knock the door of this Forum.
Contd…P/5
In support of the said contention the Ld. Lawyer for the complainant filed some documents including some bills dt. 02.02.2015, 28.02.2015, 28.02.2014, 13.03.2015, 18.04.2015, 06.05.2015, 24.01.2014, 03.07.2014, 05.08.2015 and also filed the notice including the outstanding amount up to August, 2013 and September, 2013 totalling the amount of Rs.62,880/-. The complainant filed another notice dt. 30.03.2015 whereby outstanding amount of Rs.62,880/- plus (+) bill for the month of October, 2014 amounting to Rs.974/- totaling the amount of Rs.63,854/- was demanded and for non-payment for those amounts the complainant was threatened that his connection would be disconnected. Ld. Lawyer emphasized on perusal of the bills it can be found that though the complainant had no connection during the period for which the amount has been claimed and accordingly the Ld. Lawyer emphasized that the demand made by the OPs should be declared as illegal and the OPs are to be retrained from the realization of the said amount.
The Ld. Lawyer for the OP No. 2 argued that OP No. 1 has been made a party of this case but he has not at all concerned with the connection provided to the complainant since the complainant is a consumer under Patiram CCC. The Ld. Lawyer for the OPs in support of his contention argued that in the bills provided to the complainant the outstanding amount was mentioned which included his late payment and since OPs wanted to prefer and appeal against the judgement passed by this Forum some delay was committed in compliance with the order of this Forum for which execution case was filed. Since there was some delay for which condonation of delay was not allowed by the State Commission and the OPs had no other alternative but to accept the order passed by this Forum and accordingly the order was complied. Since the earlier case was disposed of by this Forum on 12.9.2013 a fresh bill was issued in the month of April, 2013 amount was demanded of Rs.15,719/- and the claimed amount for the financial
Contd…P/6
year 2011-12 and 2012-13 and in compliance with the said bill the complainant paid the amount but after month of March, 2013, the complainant has not paid any amount and the Ld. Lawyer for the OPs submitted several bills, though those bills were served upon the complainant but those bills were not filed by the complainant and the complainant has suppressed the said fact. In support of the said contention the Ld. Lawyer filed some bills dt. 13.02.2013, 07.03.2013, 17.04.2013, 25.06.2014, 27.06.2014, 25.08.2014, 02.02.2015, and 28.02.2015 in all those bills in the break up of charges there was no mentioning the amount of energy charges, the amount mentioned 0.00, and total amount is due to the complainant though it was shown in the bill for the month of September, 2013 of Rs.62,880/- including the LPSC of Rs.39,790/- the said amount was mentioned which this Forum can exempt from the payment if this Forum thinks fit and proper.
Considering the submission of the respective parties it appears that the complainant since got relief in the earlier case and since the cost was imposed upon the OPs which has given him courage to file this case causing birth to this case. From the materials on record it is crystal clear that after disposal of the earlier case the complainant did not pay any amount but he consumed electricity. The bills which were not sent to the complainant during the period he did not consume energy and in the bills it was reflected that no charges was made by the OP No. 2. So far as the LPSC charge is concerned amounting to Rs.39,790/- the said amount was mentioned in the bills which the complainant is not liable to pay for the said amount since the complainant had no fault on his part and he should not be penalized and cannot be asked for payment of the said amount. Accordingly, we have decided that the late payment which was charged by the OPs to the tune of Rs.39,790/- be exempted to the complainant from the payment of the amount and the complainant is directed to pay the
Contd…P/7
balance amount and the OP No. 2 is to be directed to issue a fresh bill after exempting the complainant from payment of Rs.39,790/- towards LPSC. Thus, all the points are disposed of accordingly.
Hence, it is
O R D E R E D
that it is hereby ordered that the petition of complaint CC No.24 of 2015 is allowed in part on contest.
The OP No. 2 is directed to issue a fresh bill after deducting the amount of Rs.39,790/- which was charged towards LPSC within 30 days from this day and the complainant is directed to pay the bill amount within 30 days from receipt of the bills and he is also directed to go on paying the bills month by month on the basis of bills issued by the W.B.S.E.D.C.L. Parties to bear their own costs.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…….
(Sambhunath Chatterjee)
President
I concur,
……Sd/-..……
(S. Ganguli)
Member
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FREE COPY [Reg. 18(6)]
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