District Consumer Disputes Redressal Forum

Dakshin Dinajpur, W. Bengal

(Old Sub-Jail Municipal Market Complex, 2^nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)

Telefax: (03522)-270013

Present          

Shri Sambhunath Chatterjee              - President

Shri Siddhartha Ganguli                      - Member

Smt. Swapna Saha                             - Member

Consumer Complaint No. 29/2015

Jugal Kishor Mohanta

S/o Mathuresh Mohanta

Vill. Patiram High School Para,

P.O. Patiram P.S.: Balurghat,

Mobile No. 9733170070

Dist. Dakshin Dinajpur                      …………………Complainant(s)

V-E-R-S-U-S

1.   The Assistant Manager,

      W.B.S.E.D.C.L., Patiram Customer Care Centre

      PO: Patiram, P.S.: Balurghat

      Dist.: Dakshin Dinajpur.                

2.   The Divisional Manager

      W.B.S.E.D.C.L. (D) Division,

      PO & P.S.: Balurghat

      Dist.: Dakshin Dinajpur.                …………………Opposite Parties

Ld. Advocate(s):

For complainant          ………………  - Shri Prosun Choudhury

For OPs                      ………………  - None

Date of Filing                                       : 15.05.2015

Date of Disposal                                 : 09.10.2015

                                                                                                Contd…P/2

Judgment & Order  dt. 09.10.2015

            The case of the complainant in brief is that the complainant is a consumer under the OPs Patiram Customer Care Centre of W.B.S.E.D.C.L. and after removal of old meter No. G009901 a new meter was installed by the OP No.1 and after the first reading of the meter on 25.10.2013, which was recorded in the yellow card wherefrom it appears that in the card it was mentioned that the display ‘NIL’.

            It was specifically stated that the billing dt. 19.11.2014 mentioned a huge amount of consumption made by the complainant of unit 1044, which was an excessive claimed by the OP No.1 on receipt of the said bill the complainant made a representation to the Station Manager W.B.S.E.D.C.L. Patiram but no step was taken on behalf of OP No.1, as such the complainant has filed this case and praying for giving necessary direction upon the OPs for rectification of the bill and to issue a fresh bill in accordance with the Regulation in case of non-functioning of the meter and also prayed for cost.

The OPs in spite of service of Summons did not turn up.

Considering the said fact the case id disposed of on merit. The Ld. Counsel for the complainant in order to prove the fact that the claim made by the OPs is excessive and the complainant never consumed such electricity which goes to show that excessive units were charged upon the complainant, on the basis of imaginary consumption alleged to have committed by the complainant. Ld. Counsel emphasized that in case of non-functioning of meter as per rule the OPs can claim the units on the basis of consumption made by the complainant during the previous year for the same period. Accordingly the Ld. Counsel brought to my notice that the claim made by the OP No.1 is excessive one and same is to be rectified.

                                                                                                Contd…P/3

Non-appears to oppose the said fact but during hearing of the case one Station Manager remained present and his cooperation was sought for who admitted that in case of non-functioning of meter the bill can be charged on the basis of consumption made by the customer during the same period of the previous year and he calculated after consulting the bill for the previous year the unit consumed during the previous year by the complainant for the said period on which the dispute has arisen in the subsequent year i.e. the charge can be made upon the consumption of 280 units and since the unit per month is Rs.7/-, therefore, the bill amount ought to have been charged to the tune of Rs.1,960/-.

Considering the facts and circumstances of the case and the consumption of electricity made by the complainant during the period of the previous year and also on the basis of the Regulation 3.6.2 in case of meter, if does not function the computation is to be made on the basis of average of the recorded demand during the preceding and on succeeding 3 (three) months or during any previous or subsequent period that may be reasonably comparable. If, however, the period during which the meter has been defective or defunct cannot be ascertained, such period shall be limited to a period of 12 months immediately preceding the date of inspection. On the basis of said rule it is crystal clear that the demand made by the OP No.1 was an excessive one and as such the OPs are directed to rectify the bill on the basis of the consumption made by the complainant during the same period of the previous year and rectified bill  is to be issued to the complainant within 9.11.2015 and the complainant must pay the rectified bill within 15 days from the date of receipt of the rectified bill and go on paying subsequent month as per the date will be fixed by the OP No.1. Thus, the case is disposed of accordingly.

             Hence, it is

                                                                                                Contd…P/4

                                                O R D E R E D

            that the instant petition of complaint CC No.29/2015 is allowed on ex-parte and the bill was issued by the OP No.1 is hereby cancelled and the OPs are directed to issue rectified bill within 9^th November, 2015 and on the basis of observation made herein above and the complainant is directed to pay the bill amount within 15 days from the receipt of the rectified bill and to go on paying subsequent bills on the basis of date fixed by the OPs.

            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      

1. Date when free copy was issued                         ……………………
2. Date of application for certified copy       ……………………
3. Date when copy was made ready            ……………………
4. Date of delivery                                        ……………………

FREE COPY [Reg. 18(6)]

1. Mode of dispatch                                ……………………
2. Date of dispatch                                  ……………………

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