Assam

Cachar

CC/26/2016

Prabhat Kusum Chowdhury - Complainant(s)

Versus

The Chairman and Managing Director, Assam Power Distribution Company Ltd. - Opp.Party(s)

Pradip Kumar Das

13 Nov 2017

ORDER

Heading1
Heading2
 
Complaint Case No. CC/26/2016
 
1. Prabhat Kusum Chowdhury
Narshing Road East, Ambikapaty, Silchar
Cachar
Assam
...........Complainant(s)
Versus
1. The Chairman and Managing Director, Assam Power Distribution Company Ltd.
4th Floor, Bijulee Bhawan, Paltan Bazar, Guwahati
Kamrup
Assam
2. The Chief General Manager (HQ), Assam Power Distribution Company Ltd.
Bijulee Bhawan, Paltan Bazar, Guwahati
Kamrup
Assam
3. General Manager, Assam Power Distributuion Company Ltd.
Barak Valley Zone, L.B Road, Silchar
Cachar
Assam
4. Deputy General Manager, Cachar Electrical Circle,
APDCL, Meherpur, Silchar
Cachar
Assam
5. Assistant General Manager, Silchar Electrical Division - I
APDCL, L.B Road, Silchar - 5
Cachar
Assam
6. Sub Divisional Engineer, APDCL
Silchar Electrical Sub- Divisional- I, Panpatty, Silchar- 1
Cachar
Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Bishnu Debnath PRESIDENT
  Chandana Purkayastha MEMBER
  Kamal Kumar Sarda MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 13 Nov 2017
Final Order / Judgement

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

 

Con. Case No. 26 of 2016

            Sri Prabhat Kusum Chowdhury, ………………………………...          Complainant.  

                                                                        -V/S-

1.         The Chairman and Managing Director,

            Assam Power Distribution Co. Ltd.

            4th Floor, Bijulee Bhawan, Paltan Bazar,

            Guwahati- 781001, Assam (India) ………………………………..           O.P No.1.

 

2.         The Chief General Manager (HQ)

            Assam Power Distribution Co. Ltd. (CAR)

            Bijulee Bhawan, Paltan Bazar,

            Guwahati – 781001, Assam (India  …………………..………….             O.P No.2.

 

3.         The General Manager,

            Assam Power Distribution Co. Ltd.

            Barak Valley Zone, L.B. Road, Silchar- 788005 ……………….             O.P.No.3.

 

4.         The Deputy General Manager,

            Cachar Electrical Circle, APDCL, Meherpur, Silchar-15……..            O.P.No.4.

 

5.         The Assistant General manager,

            Silchar Electrical Division-I (APDCL), L.B. Road, Silchar-5……         O.P.No.5.

 

6.         The Sub-Divisional Engim\neer, (APDCL),

            Silchar Electrical Sub-Division-I,

            Panpatty, Silchar-I …………………………………………………          O.P.No.6.

 

Present: -                                Sri Bishnu Debnath,                                                 President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

 

Mrs. Chandana Purkayastha,                      Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

 

                                                            Shri Kamal Kumar Sarda,                           Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

 

 

         Appeared :-                   Sri Pradip Kumar Das, Advocate for the Complainant.

None for O.Ps.

                         Date of Evidence………………………..    25-04-2017

                         Date of written argument………………    05-10-2017

                         Date of oral argument………………….    07-11-2017

                         Date of judgment……………………….     13-11-2017

                                                                      

JUDGMENT AND ORDER

                  Sri Bishnu Debnath,

                                                           

  1. This complaint brought by Sri Prabhat Kusum Choudhury , a consumer of APDCL, Silchar, ESD-1 being Consumer Account No.52000012737 against the APDCL-ESD-1 and 5 (five) others for award of compensation for disservice in connection with Electrical Consumption Bill No. M041A01W-10006699395 dated 24-05-2016 for 36 days and Bill amount of RS.37,614/- and subsequent bills with outstanding under the Consumer Protection Act.

 

  1. Accordingly, notice issued to the SDO, APDCL-ESD-1 and other but they did neither submit any W/S nor contest the case. However, the complaint deposed on oath and exhibited disputed Electricity Bill and other relevant documents. After closing evidence the Ld. Advocate of the complainant has submitted written argument and also orally argued the case.

 

  1. In this case on careful perusal of record including exhibited document, it is revealed that the Ext-9 bill was issued by the O.P for 36 days of electricity consumption of Rs.37,614/- without any outstanding and in that bill energy consumption unit shown as 5,361. The complainant did not pay the bill in due time. Hence, Ext-10 bill issued for subsequent period of 28 days which included outstanding amount of Rs. 37,614/- and total amount raised Rs.41,123/-. The said bill also reflected that electricity energy consumption by the complainant was 384 unit and current bill was Rs.3,509.17. However, after adding outstanding total bill amount reached to Rs.41,123/-. The said bill was not cleared by the complainant in due date so the O.P raised bill vide Ext-1 for another 58 days of Rs.31,565.83 and unit consumption has been shown as 4,372/-. The said bill added the outstanding principal amount of Rs.40,558.98 and outstanding surcharge of Rs.564.21 and also current surcharge of Rs.608.38. However, total bill amount reached to Rs.72,689. The complainant paid that bill vide Ext-3 money receipt.        
  2. But in this case, the complainant on being dissatisfied with the bill amount, wrote a letter to SDE, APDCL-ESD-1 on 24-03-2015 vide Ext-13(I)  and the Ext No.13 (II) dated 08-06-2016. Subsequently, served Advocate’s notice vide Ext-14 on 05-09-2016. The O.P replied the advocate’s notice on 05-11-2016, vide Ext-17. Through the Ext-17, the O.P replied as follows:

“So, on enquiry and verification, it is found that total consumption of your client was shown/recorded as 15,594 units but your clients actual consumption is 12,070 units. So, your client is entitled to get the benefit of 3,524 units at the rate of Rs.6.85/- per unit i.e. Rs.24,139/- (Rupees Twenty Thousand One Hundred Thirty Nine) only which will be adjusted from the future electricity bill of your client”.

  1. On getting reply, the complainant did not make further correspondent or express any displeasure on communicate any disagreement, rather brought the instant case on 7th day of December,2016 and during examination exhibited all relevant bill and money receipt. Now on careful perusal of the case record including Ext-18(i),18(ii),18)iii) and Ext-18(iv) electricity consumption bills it is concluded that the O.Ps are adjusting the above mentioned amount of Rs.24,139/- (i.e. excess payment) with subsequent bill.

 

  1. Therefore, in this case we do not find any deficiency of service of the O.Ps toward the complainant. Thus, in this case we are not inclined to grant any relief as prayed for or any other benefit.

 

With the above, this case is disposed of on merit without cost. Supply free certified copy of judgment to the parties. Given under hand and seal of this District Forum on this the 13th day of November, 2017

 
 
[HON'BLE MR. JUSTICE Bishnu Debnath]
PRESIDENT
 
[ Chandana Purkayastha]
MEMBER
 
[ Kamal Kumar Sarda]
MEMBER

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