Date of filing : 07.08.2014
Date of S/R : 09.09.2014
Date of Order : 19.01.2016
Shri Siddhartha Ghosh
S/O Late Monmohan Ghosh,
Residing at 5/13,, Mahendra Banchi Road,
PO. & P.S. Bally,
District-Howrah-711201……………………………….Complainant
Vs.
- The CESC LTD.,
Having its Regd. Office at
Victoria House, Kolkata1
- The Senior Commercial Executive
CESC Ltd.
433/1, G. T. Road (north) ,
District- Howrah 711101.
- The District Engineer,
CESC Ltd.
433/1, G. T. Road (north) ,
District- Howrah 711101.
P R E S E N T
………………………………………………………………………………
President : Shri B. D. Nanda.
Member : Smt. J. Saha.
Member : Shri A. K. Pathak.
This is an application U/s 12 of the Consumer Protection Act, 1986 filed by the Petitioner, Siddhartha Ghosh against the O.P., CESC Ltd and 2 others praying for direction upon the O.P. CESC to recall the letter dated 02.01.2014 as well as the two bills for the month of April, 14 and May, 14 and issue fresh bills and compensation to the tune of Rs. 1,00,000/- and cost.
The case of the petitioner is that he is the owner and occupier of flat No. C/3 in the second floor, Southern side of Bally Municipality holding No. 5/13, Mahendra Bachi Road, P.S.-Bally. He applied before the O.P. for taking new electric connection in his own name in the residential flat and got the connection and used to pay regular bill to the CESC till February, 2014 but the bill amount was very meager and reasonable. Thereafter all on a sudden the O.P. 2 sent him a letter asking to clear up outstanding bill amount of Rs. 30,372/- from Nov., 2009 to April,2010 against another meter in the name of one Gopal Ghosh. Again CESC sent him two bills being for the month of April, 2014 and May, 2014 amounting to Rs. 31832/- and 33,070/- respectively. The petitioner purchased the flat in 2012 and the outstanding bill in period is from Nov.2009 to April, 2010 and he has no nexus with said Gopal Ghosh having Consumer No. 62123112064 while the consumer No. of this petitioner is 62123112144. Thus such letters and subsequent bills are illegal , arbitrary and unauthorized . Petitioner requested to settle the matter and issue fresh bill but they did not and the acts of O.P. amounts to deficiency in service . So the petitioner filed this case.
The O.P. appeared in the case and contested the same though they have not filed any written version and ld. Counsel for the O.P. submitted that in the present case the petitioner alleged facts of inflated bills which cannot be decided by this Forum and the petitioner is to approach proper authority.
On the above case of the parties the following issues are frame :
- Is the case maintainable in the present form ?
- Whether the petitioner any cause of action to file the case ?
- Whether any deficiency in service on the part of the O.P.s ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
All this issues are taken up together for the shake of convenience and brevity of discussion and to skip of reiteration. In support of his case the petitioner Siddhartha Ghosh filed affidavit in chief along with documents showing that he is a consumer under the O.P. He also filed letter dated 02.04.2014 issued by commercial executive CESC asking him to pay Rs. 30,372/- and he also filed two bills for the months of April, 2014 and May, 2014 asking him to pay the bills which amounted to Rs 64,920/-.
This Forum heard the ld. Counsels of the both parties and on scrutiny of the documents and the submissions of the counsels as well as keeping in mind the provision of law laid down in the Indian Electricity Act and the decision of the Supreme Court as well as our National Commission, this Forum finds that this a dispute regarding payment of electricity bill. In the case of defective meter or excessive bill the consumer has to approach the proper forum i.e. the Chief Electrical Inspector, as laid down 26/6 of the Indian Electricity Act,2010 and this Forum has no jurisdiction to entertain such a case and there is no deficiency in service also on the part of the CESC as the decision of the Electrical Inspector is final. This Forum kept in mind the submission of the Ld. Counsels of the both sides and also the cases of the parties and the documents filed by them and the present position of law laid down by our Supreme Court and it is noticed that our Supreme court in the case of CESC Ltd. Vs. Shri N.M. Banka and others, Categorically opined that the Consumer Forum cannot entertain Electricity bill disputes as per the provision of the Indian Electricity Act, 1910. Our Appex court observed that the correct course of action for a consumer with a disputes of the correctness of the bill or electricity meter, the consumer would apply to the electrical Inspector designated under the Indian electricity Act. In the instant case the petitioner has not adopted as the correct course of action and instead he had chosen to approach the District Forum , which has no jurisdiction. Our National Commission in the case of Biswa Nath Mujkherjee Vs. WBSEB and Other opined in the same tune that the consumer Forum cannot entertain electricity bill dispute.
In view of above discussion and findings the case fails .
Court fees paid is correct.
Hence,
Ordered,
That the CC 441/2014 be and the same is dismissed on contest but without cost.
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me
( B. D. Nanda)
President, C.D.R.F. Howrah
