The complainant files this complaint u/s 12 of the CP Act 1986 for adjudication of her electricity bill and also delay in new connection.
Briefly the complaint is that the complainant started constructing her purified drinking water plant under name and style M/S S.R. aqua at her own premises. For the construction purpose she applied for electrical connection and it was installed dated 06.04.2017 having consumer ID no. 40188277, but the bill against the said ID no. after 6 months amounting Rs. 17286.37/- was sent to her having the billing date 31.10.2017. The huge amount of the bill had aggrieved the consumer as to billing was not made for each month as per electricity rule. The bill has not been paid by her. Further on 07.12.2017 a bill amounting Rs. 20377/- has been sent. This has aggrieved the consumer and she lodged a complaint with the office of the Assistant Director, C.A. & F.B.P. Dakshin Dinajpur, for mediation and accordingly as per decision the total bill amount has been prepared breaking into 12 installments. But the OP in the installment bill claimed LPSC to be imposed in the subsequent energy bills as per regulation framed by W.B.E.R.C. She further raised her grievance about delay in providing electrical connection in her said water treatment plant. So the complainant prayed in her complaint for waving LPSC and compensation for an amount of Rs.50.000/- for delay in installing electrical connection to her water treatment plant.
The OP in his written version has questioned the maintainability of the complaint in respect of new connection as a commercial line of her business. Next he raised the question that in spite of repeated request the complainant has provided SWID permit in on 29.12.2017 and the connection was installed on 15.02.2018. Regarding the delay in billing the OP has stated the ID no.401882677 was temporarily taken for construction work and after the completion of construction work this will take permanent disconnection to get the facility for security adjustment for final bill. But the complainant has not informed the completion of his plant and after a certain period a bill has been prepared on the basis of the physical meter reading.
On argument the Ld. Lawyer for the complainant has advocated that not preparing bill regularly since installation of meter on 06.04.2017 against ID no.401882677 the OP has intentionally shown deficiency in service and also by demanding SWID permit for connection to the treatment plant the OP has violated its own rule. So the complainant is eligible for getting compensation and waiving LPSC.
The Ld. Lawyer for the OP with documents advocated that electrical connection for water treatment plant without SWID permit would be an illegal task and the complainant has failed to produce the said permit in time so the delay occurred. And it is not the fault of the OP regarding billing for 6 months. The Ld. Lawyer for the OP stated to this Forum with document that no LPSC was imposed in the original bill. But after getting bill in December 2017 when the complainant, here in the consumer of the OP prayed for installment payment, LPSC has been imposed as per rule. Here also the OP has no mala fide intention.
Points for decision:
- Is the instant case maintainable in respect of new connection complaint?
- Is the OP deficient in preparing bill?
- Is the complainant eligible for getting any compensation?
DECISION WITH REASONS
- In regard to point 1 we may take refuge to the decision of the Hon’ble National Commission dated 28.01.2015 in respect of revision petition no. 787 of 2013 {2015 (1) CPR 488 (NC)} where in the important point ‘commercial users cannot maintain consumer complaint’. The purified water treatment plant is the business of the complainant so it is not maintainable within the purview of the CP Act 1986.
- In regard to Point 2 it is true that the OP has violated clause 3.1 of notification No.55/WBERC dt.07.08.2013 in respect of preparing bill in dispute.
- In regard to point 3 it has been proved through documents that the OP has negligible laches in providing connection to the purified water plant of the complainant.
Hence, it is
O R D E R E D
- The complainant is directed to make payment of the consumption against ID no.401882677 in 12 installments as shown in the bill dt.07.12.2017 within 5th of each month from June 2018.
- LPSC will be levied by the OP from the period 10.11.2017 up to the date of this judgment on the whole amount of bill dt.07.12.2017.
The case is disposed of without allowing any cost.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
