This case has been arising out of the complaint filed by the complainant against the O.Ps named above u/s. 12 of the Consumer Protection Act, 1986.
The case of the complainant is that his brother namely Ashim Karmakar was the consumer of the W.B.S.E.D.C.L in his house being Consumer ID. No. 423032459.The complainant and his mother were jointly residing in the house where the electric meter was installed. Suddenly on 2015 the brother of the complainant is died living behind his mother and the complainant. The brother of the complainant paid all the electric bills till 27/02/2014 and thereafter, the O.Ps stopped to issuing electric bill in favour his deceased brother. On 23/03/2015 the O.P No. 1 issued an electric bill amounting to Rs. 61,971/- for the March to May, 2014 and thereafter, the complainant submitted his objection and requested to recalculate the electric bill. Thereafter, on 24/08/2015 the complainant filed an application before the Assistant Director of C.A. & F.B.P., Jalpaiguri and disclosed all the above facts and after that on 24/02/2018 O.P No. 1 issued another bill amounting to Rs. 61,937/- for the period of May, 2014 to Feb, 2018 as installment basis. On the basis of that installment the complainant paid Rs. 10,000/- on 30/5/2018, Rs. 30,000/- on 04/01/2019 and Rs. 30,000/- on 24/01/2019 but on 04/03/2019 the O.P No. 1 issued a bill amounting to Rs. 69,311/- and in that bill the O.P No. 1 mentioned that previous reading date was 09/06/2018 and the present reading date was 04/03/2019 which was totally false and fabricated. That the complainant on several occasions visited the office of the O.Ps but no fruitful result in forthcoming. The complainant has filed this case in this Commission, he is still agreed that all pending bills except the bill dated - 04/03/2019 amounting to Rs. 69,311/-. The complainant has prayed for compensation for his mental agony and sufferings and also litigation costs.
The O.Ps have contested the case and filing written version. The O.Ps have denied all the allegations made by the complainant.
They are admitted that the brother of the complainant have a domestic connection having Consumer ID. No. 4523032459 in the premises and they are living together in joint family. The electric bill was generated against the said Consumer ID with accumulation meter reading 7724 units from 06/12/2013 to 06/12/2015 with tariff benefit of amounting to Rs. 61,937/-. The Assistant Director of C.A. & F.B.P., Jalpaiguri ordere on the basis of application filed by the complainant that the amount to be paid by the complainant in 24 numbers of installment. The O.Ps issued an installment bills of Rs. 61,937/- from May, 2014 to Feb, 2018. The complainant accepted the said bill but did not pay the installments in due date so, the installments have been cancelled. The complainant has paid the amount in three installments to Rs. 10,000/-, Rs. 30,000/- and Rs. 30,000/- due to non-payment of installments as ordered by the Assistant Director of the C.A. & F.B.P., Jalpaiguri LPSC was calculated and added with the next bill and the dues goes upto Rs. 70,401/- which is still pending. There is no deficiency in service from the O.Ps; the LPSC has been calculated on the non-payment of bill in due time amounting to Rs. 69,473/- which is added in the last bill. The complainant will not get any benefit from this case and he has prayed for dismissal of this case.
We have perused the materials on record meticulously. Considering the above pleadings the following issues are necessarily come out to consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.12 (1)(d)(ii) of Consumer Protection Act, 1986 ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as he prayed for?
DECISION WITH REASON
Considering the nature and character of the case all the points are taken up together for consideration for the sake of brevity and convenience.
Point Nos. 1 and 2:- In this case the brother of the complainant being the consumer of the electricity as admitted and at present the complainant and his mother are enjoying the said electricity and paying the bills time to time. So, they are the consumer according to the provision of C.P. Act. and both the complainant and the O.Ps are residing and running business within the jurisdiction of this commission.
Point Nos. 3 and 4:- That it is an admitted position that Ashim Karmakar being the brother of the complainant was the consumer of O.Ps concern and the complainant and his mother are residing jointly with Ashim Karmakar in the same premises where the electric connection was installed. Admittedly, Ashim Karmakar died and at present the complainant and his mother are enjoying the said electricity connection. It is also admitted that the payment of electricity bills were not made by the complainant from 06/12/2013 to 06/12/2015 the total amount of Rs. 61,937/- which was unpaid. It is also admitted that this complainant made a prayer before the Assistant Director of C.A. & F.B.P., Jalpaiguri and after hearing the Assistant Director of C.A. & F.B.P., Jalpaiguri passed an order that the complainant to pay the said amount in 24 numbers of installments. It is also admitted that in terms of the said direction the O.Ps issued a installment bill for Rs. 61,937/- starting from 25/03/2018 till 17/02/2020. It is also admitted that the complainant did not pay the installments in time but he has paid Rs. 10,000/- on 30/05/2018, Rs. 30,000/- on 04/01/2019 and again Rs. 30,000/- on 24/01/2019. It appears for the said payment receipt Annexure - D we find that the complainant has paid Rs. 70,000/- within 24/01/2019 that means he has paid more than the installments amount long before completion of the installments period. We also find that the complainant did not pay the bills of energy charges within due time and also fails to pay the installments from month to month according to the schedule but he had paid the entire amount long before the completion of installments period which has been accepted by the O.Ps by issuing receipt.
It is the case of the complainant that after payment of the said amount the O.Ps issued another electric bill on 04/03/2019 amounting to Rs. 69,311/- and the reading date is 04/03/2019 according to the O.Ps the complainant did not comply the direction of Assistant Director of C.A. & F.B.P., Jalpaiguri as a result the LPSC (Late Payment Surcharge) was calculated and added with this bill and it goes to Rs. 70,401/- which is still pending. He further stated that the LPSC (Late Payment Surcharge) has been calculated systematically according o the provision of law of electricity published in the Kolkata Gazette April 29, 2011 and amount of Rs. 69,473.31/- added in this last bill. After careful consideration of parties as well as the argument of the parties we find that the complainant did not pay the electric bills for the month of March, 2014 to May, 2014 and the LPSC has been charged over the said unpaid bills @ fixed by the Government in the Gazette from month by month but he has paid the entire amount of installment bills long before the completion of the installments period and the O.Ps have accepted the same if that be show then LPSC should not be Rs. 69,473.31/- the O.Ps did not consider this matter that the installment bills amount paid at a time for three month installments long before the completion of installment schedule. It appears Annexure - E that LPSC (Late Payment Surcharge) was charged Rs. 70,401.65/-. How it was calculated? We find that there is some irregularity in calculation of LPSC (Late Payment Surcharge) as because the complainant paid the entire installment bills amount with three installments completing on 24/01/2019 although, the installment period was 17/02/2020 that means before one year of the schedule of installment period he has deposited the entire bill amount. In that case LPSC (Late Payment Surcharge) should be considered on the basis of receipt of the entire amount of the installment bill long before of the completion of schedule. The O.Ps did not consider the same and calculated the LPSC (Late Payment Surcharge) on the basis of non-payment of bills for the month of March, 2014 to May, 2014. The O.Ps should consider the same and recalculate the LPSC (Late Payment Surcharge) and we find that there is a deficiency in service for wrong calculation of LPSC (Late Payment Surcharge). After receiving the payment of electricity bills long before the installment schedule. The complainant has stated that he has willing to pay the monthly bill except the LPSC (Late Payment Surcharge) amount but we find that the complainant should have to pay the LPSC (Late Payment Surcharge) amount for non-payment of his bill in time as per law. But we find that the said LPSC amount is more higher and create financial pressure upon the complainant. If it is recalculated and considered by the O.Ps. Then, the complainant shall pay the same. The complainant is entitled to get the relief in this case as prayed for.
Thus all the points are disposed of accordingly.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and same is allowed on contest against the O.Ps. The O.Ps are directed to recalculate and reconsider the LPSC (Late Payment Surcharge) amount of Annexure – E and submit a fresh bill with an installments schedule to the complainant. The complainant is directed to pay the installment bills month by month along with the payment of current bills as issued by the O.Ps. The complainant is entitled to get Rs. 20,000/- for his harassment and mental agony and he is also pay Rs. 5,000/- as his litigation costs. The O.Ps are hereby directed to comply the order of this case within 30 days from this day, failing which legal action will be taken against him.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
