West Bengal

Dakshin Dinajpur

CC/51/2017

Sri Pankaj Das, S/O- Late Biswanath Das - Complainant(s)

Versus

The D.E. & Divisional Manager, Dakshin Dinajpur(D) Division, WBSEDCL - Opp.Party(s)

Samit Bhowmick

12 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Complaint Case No. CC/51/2017
( Date of Filing : 14 Nov 2017 )
 
1. Sri Pankaj Das, S/O- Late Biswanath Das
Vill- Chakvrigu N.C. Schoolpara, P.O.- Chakvrigu,P.S.- Balurghat,Pin- 733102
Dakshin Dinajpur
West Bengal
...........Complainant(s)
Versus
1. The D.E. & Divisional Manager, Dakshin Dinajpur(D) Division, WBSEDCL
P.O.- Beltalapark, P.S.- Balurghat, Pin- 733103
Dakshin Dinajpur
West Bengal
2. The Assistant Engineer & Station Manager, Balurghat Customer Care Centre, W.B.S.E.D.C.Ltd.
P.O.- Beltalapark, P.S.- Balurghat, Pin- 733103
Dakshin Dinajpur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shyamalendu Ghosal PRESIDENT
 HON'BLE MS. Swapna saha Lady Member
 HON'BLE MR. Subhas Chandra Chakraborty MEMBER
 
For the Complainant:Samit Bhowmick, Advocate
For the Opp. Party:
Dated : 12 Mar 2018
Final Order / Judgement

An arbitrary bill generated by the OPs i.e. Assistant Engineer & Station Manager, Balurghat Customer Care Centre, W.B.S.E.D.C. Ltd. has aggravated the consumer herein the complainant Sri Pankaj Das S/o Late Biswanath Das Vill.: Chakvrigu, N.C. School Para, PO: Chakvrigu, PS: Balurghat, Dist. Dakshin Dinajpur, having service connection No.400389836 and old meter No.T-2253656 and new meter No.DDT-189385 to lodge the complaint with this Forum u/s 12 of the CP Act, 1986. The quintessence of the instant case is as follows:- The complainant is a bonafide consumer of the OPs in respect of electrical services as detailed in the above Para. The complainant has got a bill for the period from 1.4.2017 to 30.6.2017 an amount of Rs.15,495/- against the consumption of unit 1723 for 90 days only. Though, the previous 4 years and the next 3 months show that the complainant has consumed between 45 to 176 units for every 3 months. The complainant has brought the matter to the knowledge of the local authority of W.B.S.E.D.C. Ltd. herein the OP but they paid a deaf ear to his prayer. Even more it is also noticed by the complainant that his meter remains stopped from 1.10.2016. This was also brought to the notice of the OP but no step has been taken, though the meter being stopped has been recorded by the personnel of the OP as per record. So, the complainant found no other way, but to knock at the door at this Forum for redressal of his grievance.

 

            The OP in its written version has called the averment of the petition by the complainant as false, fictitious and fabricated but, in Para-10 of the said written version the OP has admitted their deficiency in service of calculating the meter unit properly for the disputed period and accordingly the meter consumption which was primarily shown 1723 units for the period from 1.4.2017 to 30.6.2017 but further calculation by the OP has brought down it to 484 units for the same period. This statement reveals deficiency in service as well as negligent attitude to the consumers on the part of the OPs.

            The OP has also admitted that the complainant in the instant case is a bonafide consumer. So, deficiency in service to the bonafide consumer is a matter of consideration in the light of CP Act, 1986.

DECISION  WITH  REASONS

           

            In the appeal case No.A/421/2017 W.B.S.E.D.C. Ltd. vs Biswajit Roy Choudhury, Hon’ble State Commission in its observation has told “……it is quite apparent that the man of W.B.S.E.D.C. Ltd. did not take proper meter reading at regular interval prior to raising bill to a consumer, certainly, they were deficient in rendering services in accordance with Sec.2 (1)(g) read with Section 2 (1)(o) of the Act”.

 

            The negligent act of the OP in the instant case has not only led to mental agony and harassment of the complainant but also weighed down the complainant by a huge amount due to long outstanding payment of the bills to be made by the complainant. Moreover, the OP’s action has ridden rough shod over the exchequer of the government by preventing the complainant from paying the bill. Many such complaints against the present OPs i.e. local authority of different customer care centres of W.B.S.E.D.C. Ltd. pending in this Forum reveals that the officials of the local W.B.S.E.D.C. Ltd. units are rather engaged in aggravating the consumers by their actions. So, responsibility should be fixed up on the personnel for whom the bonafide consumers of the OP are spending days with agony.

 

            In the instant case OP No.1 is directed to send a bill as calculated in Para-10 of the written statement (kept in the record) i.e. 484 units for the period from 1.4.2017 to 30.6.2017 and the other bills if remained pending is also be shown in the bill separately for all the periods. It is also directed that no LPSC charges are to be imposed for the disputed periods and the bill amount in total is to be paid by the complainant within 21 days from the date of receiving the fresh bill from the OPs.

            The compensation for an amount of Rs.5,000/- to the complainant is allowed and the same to be paid by the OP-1 within 30 days from the date of this order.

            Litigation cost for an amount of Rs.2,000/- is directed to pay to the complainant by the OP-1 within 30 days from the date of this order.

 

            The total amount of compensation and litigation cost fees Rs.7,000/- to be paid by the W.B.S.E.D.C. Ltd. is to be recovered from the officer responsible for causing harassment and agony of the consumer.

            It is also directed to send a copy of the order to the Chairman & Managing Director, W.B.S.E.D.C. Ltd., Vidyut Bhavan, Salt Lake City for information and compliance.

            The case be and the same succeeds on contest.

 

            Let a copy of the judgment be supplied / furnished free of cost to the parties concerned.

 
 
[HON'BLE MR. JUSTICE Shyamalendu Ghosal]
PRESIDENT
 
[HON'BLE MS. Swapna saha]
Lady Member
 
[HON'BLE MR. Subhas Chandra Chakraborty]
MEMBER

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