An exorbitant amount of bill for a period of 7 years has obliged the consumer to lodge the complaint against the OP for adjudication and redressal u/s 12 of the CP Act, 1986.
The summation of the fact is that the complainant has received a bill against his ID No.433115801 amounting to Rs.12,000/- in which an outstanding dues of Rs.6767.71 for August, 2011, October, 2011 to October, 2015 has been shown. It is averred that the consumption of unit 2063 as shown in a bill dt. 19.8.2017 is absurd. The complainant prayed for checking his meter under supervision of this Forum as his meter was recorded stopped w.e.f. 21.12.2012 to 15.11.2014. The complainant in his averment prayed for declaring the bill dt. 21.5.2017, 19.8.2017 and 5.11.2017 against his Consumer ID No.433115801 and claim as compensation amounting to Rs.27,000/-.
The OP in his written statement has stated that the complainant being a bona fide consumer has paid his bill up to October, 2011. His old defective meter No.750482744 has been replaced on 3.9.2011. But, inadvertently the new meter No.B-1058795 was not recorded in the billing system. Moreover, no sooner had discrepancy in billing noticed and accordingly the bill amounting to Rs.27,418/- dt. 19.8.2017 has been rectified and a fresh bill dt. 13.1.2018 has been sent to the complainant, amount of which is Rs.12,362/-. There is no deficiency in service on his part.
On argument the Ld. Lawyer appearing for the complainant admitted that no payment for electric consumption has been made by the complainant after September, 2011. He raised the question when the meter remains stopped how the OP recorded the unit of consumption. He stated more to this Forum that the order No.6 dt. 19.2.2018 has not been properly observed by the OP. Moreover, the OP is negligent enough in taking meter reading and sending the bill properly and regularly.
The Ld. Lawyer appearing for the OP on argument first documented order of the Hon’ble S.C.D.R.C. dt. 23.4.2018 regarding the jurisdiction of this Forum for adjudicating the billing dispute of W.B.S.E.D.C.L. He stated more that the OP has no mala fide intention in the billing procedure. The huge amount of bill has been accumulated due to non-payment of fuel consumption for more than 7 years. Moreover, whenever a discrepancy has been noticed the OP has rectified the bill but that has also remain unpaid till date. The complainant with mala fide intention for harassment of the OP has lodged this complaint. The OP has filed document “Billing Relevant Meter Reading Results” for the period 17.5.2012 to 23.4.2018 of which up to 20.8.2017 a bill amounting to Rs.12,000/- has been sent to the complainant. The rest amount of units for the period from 20.8.2017 to 23.4.2018 is to be sent.
Points for decision:
- Is the complainant a consumer and is the case maintainable within purview of CP Act, 1986?
- Is there deficiency in service on the part of OP?
DECISION WITH REASONS
Point Nos. 1 & 2:
The OP has admitted the complainant as a bona fide consumer. But on the point of maintainability we should honour the judgment of S.C.D.R.C. dt. 23.4.2018 in Appeal Case No.A/907/2017 dt. 18.8.2018. But, as this judgment of State Commission has reached through OP to this Forum on the date of final hearing, the instant case has been kept under consideration for adjudication.
From the above discussion it is crystal clear that the complainant has paid no bill for the period from October, 2011 till date for his consumption of electricity. The record of meter stopped has shown some suspicion from the statement of the OP in person but considering all aspects the OP has already rectified the bill as filed to this Forum. The complainant in person begged to waive the LPSC and also prayed for installment payment. The prayer of the complainant has been granted for consideration.
The OP has actually sent the bills time to time but not in a proper basis. This deficiency in service on the OP is due to lack of working force as stated by the OP in person.
Hence, it is
O R D E R E D
- that the complainant is instructed to pay the bill dt. 13.1.2018 in 6 (six) equal installment.
- The OP is directed to prepare a bill against his meter reading dt. 4.2.2018 and 23.4.2018 in one bill, the amount of which is to be paid by the complainant within 10th of December, 2018.
- No LPSC charge is to be imposed for the bill dt. 13.1.2018 and the next bill for which the payment will be made in December, 2018.
- No cost is allowed, though, the case was contested but the case succeeds through some compromises.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
