Order No.5                  Date: 06.05.2022

This instant complaint filed by the complainant under Consumer Protection Act against the W.B.S.E.D.C. Ltd. with a prayer —

                                             1. To necessary order to restore the petitioner’s domestic electric line under payment of 25% of disputed bill.

Heard the Ld. Advocate, Mr. Debesh Halder who appeared on behalf of Complainant and perused the complaint supported by affidavit and the annexed documents, it would reveal that complainant  is a consumer under W.B.S.E.D.C. Ltd.

It is a case of the complainant that he is consumer under W.B.S.E.D.C. Ltd. and the bill of complainant for last 3 months not exceeding Rs.1,500/- to Rs.2,500/-.  Thereafter, complainant received excessive bill of Rs.49,861/-.

The prayer of complainant for an order to restore the electric connection on payment of 25% of the disputed bill.

Apparently, it is a billing dispute between the parties.  It is not a case that complainant undertake to pay the entire billing amount subject to payment of 25% of outstanding bill amount and on payment of 25%, W.B.S.E.D.C. Ltd. will restore the electric connection.

Apparently it is a billing dispute now Regulation No.3.5 of West Bengal Electricity Regulatory Commission published in Kolkata Gazette (extra ordinary) dated 07.01.2013 being notification no.55 provides that in case of any dispute in respect of bill amount consumer may lodge complaint before RGRO or CGRO and thereafter before ombudsmen in appeal against the order of RGRO or CGRO in accordance with the provision of regulation. The provisions of Regulation 3.5 of notification no.55 of WBERC dated 07.08.2013 was made in exercise of power conferred by Section 181(1)(2)(10) read with section 50 of Electricity Act,2003. Therefore, it has statutory force and since the statute has not evil, a Court of Law should restrain itself with the codified legislation. It appears from the petition of complaint that the only case of the Complainant is that W.B.S.E.D.C. Ltd. imposed or claimed excessive electricity bill and according to the complaint it is unjustified, and not according to the electricity law and not according to previous three month bill.

As it is a billing dispute, this Consumer Commission has no power to entertain the case of the complainant as per above finding. Ld. Advocate referred so many reported and unreported rulings, in my view, these rulings will not help the complainant’s case.

In that prospective, I do not find any reason to admit the complaint. In other words, as I do not find any reason to proceed with this case and the complaint is liable to be rejected.

On the basis of above finding, this complaint is rejected.

However, liberty given to the complainant to approach before the appropriate Forum for his above grievance