Judgment & Order dt. 15.06.2017
Disconcerted by an electricity bill dt. 14.12.2016, invoice No. 432004911459, the complainant who has a domestic connection of electricity from the OPs has come up before this Forum with filing of the instant case, alleging that the OPs have charged an abnormally high amount for consumption of electricity, which constituted deficiency in service on the part of OPs.
The complainant’s case may be summarized as follows.
The complainant has a domestic connection of electricity having consumer ID No.400230703 from the OPs and she has paid the electricity bill as regularly as the bills are issued by the OPs from time to time. But the dispute arose when the OPs demanded a high amount of Rs.63,834/- from the complainant by issuing a bill dt. 14.12.2016 with previous meter reading taken on 28.8.2016 and present meter reading on 3.12.2016. The previous meter reading as taken on 28.8.2016 is 2012 units and present meter reading as taken on 3.12.2016 is 8626 units and thus, Rs.63,834/- is charged for consumption of 6614 units from the complainant by the aforesaid bill. The complainant has disputed the genuineness of the bill. According to her, the bill is speculative, imaginary and hypothetical and the same is not issued by the OPs in accordance with the Regulations. So, she has prayed for setting aside of the said bill with a direction to issue a fresh electricity bill in accordance with the Electricity Regulations. Hence, the case.
The OPs have been contesting the case by filing a written statement wherein it is contended inter alia that the complainant is a consumer having domestic connection from them and that the disputed bill has been prepared on the basis of an average consumption as meter of the complainant is found defective.
Upon the averments of both the parties the following issues are formulated for proper adjudication of the matter in disputes.
Issues:
- Are the OPs guilty of deficiency in service as alleged?
- Is the complainant entitled to get relief as prayed for?
Evidence of the parties
The complainant has filed an affidavit-in-chief and has also got himself examined as PW-1. The documents admitted in evidence on behalf of the complainant are marked as Ext. Nos.1, 2, 3, 4 and 5-series detailed in the list of documents kept in the record. On the other hand, no evidence whatsoever has been led on behalf of the OPs.
DECISION WITH REASONS
Issue Nos. 1 & 2:
Discussions on both the issues are synchronized for the sake of convenience. It has been alleged by the complainant that the disputed bill is defective. In the face of such allegation, we have to see whether the disputed bill dt. 14.12.2016, invoice No. 432004911459 is really defective or not. An electricity bill is considered to be not properly issued when it does not tally with the entries made in the yellow-card. The entries in the yellow-card are made with a view to ensuring transparency in the activities of the electricity department and if it is found that the bill is not in commensurate with the entries of yellow-card the bill earns the dubious distinction of being improper or defective one. Given the facts and circumstances as on record, we have to see now whether the disputed bill is in commensurate with the entries made in the yellow-card. The yellow-card is marked as Ext. 1 herein and the disputed bill is marked as Ext.3. In the disputed bill previous meter reading has been shown as 2012 units as on 28.8.2016 and present meter reading as 8626 units as on 3.12.2016. The present meter reading of 8626 units is not entered in the yellow-card. The yellow-card shows that the meter was “stop” from 29.11.2016 to 1.3.2017. If this be so, how it becomes possible for the OPs to mention the present meter reading as being 8626 units as on 3.12.2016 in the disputed bill. The present meter reading of the disputed bill appears to have no basis at all and for that reason the present meter reading units appear to be put in the disputed bill hypothetically or speculatively. The law does not authorize the OPs to put any unit speculatively or hypothetically when the meter is found defect or defunct. Regulations 3.6 of West Bengal State Electricity Regulatory Commission (Electricity Supply Code), Regulations, 2013 deals with the billing for consumption of electricity in case of defective or defunct meter. It lays down, vide Regulations 3.6.1, that the billing under such circumstances, should be made on average consumption for preceding or succeeding 3 months from the date of inspection.
Coming to the facts of instant case, it is found that a new meter was installed in the house of the complainant and thereafter the first reading was taken on 29.2.2016 and this was 369 units. Thereafter reading was taken on 6.6.2016 and the consumption was 1102 units. So, it is found from these meter readings that the total amount of consumption of electricity was 733 units in 3 months. Next meter reading was taken on 28.8.2016 and the consumption recorded was 2012 units. From it, it is available that the total consumption of electricity was 910 units in 3 months on 28.8.2016. So, according to the regulations, the OPs could have taken up quarterly consumption of 910 units as the basis for billing purpose, especially when there is no allegation of theft of electricity u/s 135 of Electricity Act, against the complainant. But this procedure has not been followed by the OPs and, instead, they have evolved the procedure which appears to be quite stranger to the procedure guided by the regulations as referred to above. Upon the consideration of all these, it appears to us that the disputed bill has not been issued properly and as such the OPs are found guilty of deficiency in service for issuing of such bill which is not commensurate with the guidelines provided by the Electricity Regulations. In the result, the case succeeds.
Hence it is.
O R D E R E D
that the complaint case be and the same is allowed on contest against the OPs with costs, which is quantified at Rs.2,000/-.
The OPs are directed not to give any effect to the disputed electricity bill dated 14.12.2016, invoice No.432004911459, and to issue a fresh bill for the disputed period, taking 910 units as average consumption units for that period strictly in accordance with the Electricity Regulations within 15 days of this order without charging any cost or fine or LPSC and in that case the complainant will make the payment of the bill within 7 days of the receipt of fresh electricity bill from the OPs. The OPs are also directed to make payment of litigation cost amounting to Rs.2,000/- (Rupees Two thousand only) to the complainant within a month of this order. They are further also directed to replace the defunct / defective meter of the complainant and to issue subsequent bills on the basis of average consumption as provided by the Regulations. Considering the facts and circumstances of the case, no compensation is awarded to the complainant. Needless to say, the OPs will not be able to snap the connection of the complainant, if the payment of the revised bill is made within the time as laid down hereinbefore.
Let a plain copy of this order be furnished to the parties concerned forthwith free of cost.
