DATE OF FILING : 17-09-2013.
DATE OF S/R : 29-10-2013.
DATE OF FINAL ORDER : 23-06-2014.
Smt. Durga Rani Khanra,
wife of Sri Ranajit Kumar Khanra,
village - Rajdaria, P.O. Jagat Ballavpur,
P.S.Jagat Ballavpur, District – Howrah,
PIN – 711408.-------------------------------------------------------- COMPLAINANT.
- Versus -
1. The Chairman & Managing Director,
West Bengal State Electricity Distribution Co. Ltd.,
Bidyut Bhawan, Salt Lake,
Kolkata – 700091.
2. The Divisional Engineer & Manager,
Howrah – II,
West Bengal State Electricity Distribution Co. Ltd.,
P.O. Makardaha, District – Howrah,
PIN – 711409.
3. The Station Manager,
Bargachia Customer Care Centre,
West Bengal State Electricity Distribution Co. Ltd.,
P.O. Bargachia, District – Howrah,
PIN – 711404. -----------------------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
1. The instant case filed by the complainant U/S 12 of the C .P. Act, 1986 ( as amended upto date ) against o.ps. alleging deficiency in service U/Ss 2(1)(g), 2(1)(o) of the C .P. Act, 1986 wherein the complainant has prayed for a direction to be given upon the O.Ps. WBSEDCL Authority for adjustment of the erratic energy bill sent to the complainant.
2. The brief facts of the case is that the complainant is a bonafide consumer vide c consumer no. B100973, S.C. No. BG/D/17130 against connected load 0.50 kw has raised objection against energy bill sent by the o.ps. for the bill period April, 2012, May,2012, August, 2012, September, 2012 and January, 2013 and refrained for praying the bills as stated by the letter dated 11-12-2013 and further raising objection against energy consumer for the billing period March, 2013 to May,2013 amounting to Rs. 1,997/-. As alleged by the complainant that he tried to pay the bill for the period of June, 2013 to August, 2013 ( current month ) which as if was stated refused by the o.p. no. 3 against non payment of arrear outstanding bills followed by disconnection of power supply without serving a legal notice as per norms. The complainant made several correspondences with the o.ps. i.e., WBSEDCL Authority which turned a deaf ear by the jo.ps. resultant the complainant lodge this complaint before this Forum praying for relief and compensation. Hence the case.
3. The O.Ps. WBSEDCL Authority vide their written version denied all the facts stated by the complainant in his series of letters. The the O.Ps. WBSEDCL Authority admitted the facts for disconnection of supply line of the complainant on 13-09-213 and requested the complainant through registered post on 16-09-2013 with direction to pay the outstanding dues. Moreover, it is also opined by these answering o.ps. that as per direction of the Hon’ble Ombudsman vide his memo no.WBERC/Com./WBSEDC L/250/11-12 dated 18-06-2012 the meter of the complainant was replaced on 30-06-2012 and the past bills was recast against which only 1/3rd amount was paid by the complainant and his intention to consumer electricity without paying of charges for which deficiency of service or unfair trade practice on the part of the the O.Ps. WBSEDCL Authority does not hold good . As such the instant case is liable to be dismissed with exemplary costs.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps?
ii) Whether the complainant is entitled to get any relief and compensation as prayed for?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. Admittedly the complainant raised / lodged complaint both verbally / written for excess raising of energy bill by the o.p. no. 3 against recording energy consumption through ,meter bearing no. L1004871. The o.p. no. 3 shall have to give due importance of the complainant lodged by the complainant to mitigate his grievances by installing a challenge / check meter side by side of the existing meter in proper witness / signature of the complainant or his representative to avoid any ambiguity. Moreover, the dispute arisen out by the complainant was that he ( herein the complainant did not receive the energy bill for the billing period March, 2013 to May, 2013 in time against which he was harassed and suffering prolonged mental agony and requested the o.p. no. 3 to take proper action in order to receive the aforesaid energy bill in proper time and date to avoid surcharges. Moreover, the o.p. no. 3 being a licensee did not take due care upon the bonafide consumer to ens8re the energy bill in due time which ought to be made to a void non payment of subsequent bills.
6. Accordingly we hold dour considered opinion that the action of the o.p. no. 3 for dispatching the energy bill at the point of the complainant of the consumer premises is a deficient in nature which tant5amount gross negligence and deficiency in service for which the complainant has the genuine demand to get rid of the present mental agony.
Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 323 of 2013 ( HDF 323 of 2013 ) be allowed on contest with costs against the O.P. no. 3, WBSEDCL Authority.
The O.P. no. 3, Station Manager, WBSEDCL Authority, henceforth be directed to ensure the energy bills by whatsoever means with dated receive so that the complainant deposited the electric bill to avoid surcharge.
The o.p. no. 3, Station Manager, WBSEDCL Authority is also directed to hand over the outstanding bills to the complainant by special messenger with dated receive for the entire period from March. 2013 to Mary, 2014 ( if not paid earlier ) through computerized regenerated system within 15 days so that the complainant have the opportunity to pay the arrear energy billing amount within 30 days from the date of receipt of the bills.
The complainant do get award of Rs. 5,000/- as compensation for prolonged harassment and mental agony and also Rs. 1,000/- as litigation costs.
The O.P. no. 3, WBSEDCL Authority is directed to pay the entire amount of Rs. 6,000/- to the complainant within 45 days from the date of this order i.d., it shall carry an interest @ 9% p.a. from the date of this order.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
DICTATED & CORRECTED
BY ME.
( P. K. Chatterjee )
Member, C.D.R.F.,Howrah.
