District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Sambhunath Chatterjee - President
Miss. Swapna Saha - Member
Shri Siddhartha Ganguli - Member
Consumer Complaint No. 14/2015
Sri Kalipada Mondal.
S/o Gosto Behari Mondal
Vill.: Pollapara,
PO: Bidaypur, P.SBalurghat.
Mob -9475440912
Dist. Dakshin Dinajpur …………………Complainant(s)
V-E-R-S-U-S
1. The Divisional Manager,
W.B.S.E.D.C.Ltd. Divisional Office
Power House, Balurghat
PO & PS: Balurghat.
Dist-Dakshin Dinajpur, Pin -733101.
2. The Station Manager,
Patiram Customer Care Centre, W.B.S.E.D.C. Ltd.
PO: Patiram, PS: Balurghat,
Dist.: Dakshin Dinajpur. …………………Opposite Party / Parties
For complainant …………… - Shri Avijit Roy, &.
- Smt. Rumki Samajdar Ld. Advs.
For OP Nos. 1 & 2 …………… - Shri Sudip Chatterjee, Ld. Adv.
Date of Filing : 20.02.2015
Date of Disposal : 19.08.2015
Contd…P/2
Judgment & Order dt. 19.08.2015
The nutshell of the case of the complainant is that he is a domestic consumer under W.B.S.E.D.C.L. at Patiram vide Consumer ID No. 433013679, meter No.534976 and installation No.733393 and has been paying the electric bills regularly. The complainant lastly paid his electric bill on 19.4.2013 as per bill No. 400005702002 amounting to Rs. 134/-. The outstanding bill was shown Rs.1.38/- on November, 2012. The old meter was replaced by the OPs with a new computerized meter but no bill was sent thereafter. The complainant filed three applications dt. 20.5.2014, 25.8.2014 and 18.7.2014 to the OP respectively for sending bill. He personally went to office of the OP on several times but OP did not pay any heed to.
It is also the contention of the complainant that the meter reader was not visited the house of the complainant to take meter reading periodically and he recorded wrong and baseless meter reading in the yellow card as per his own whims. When the said fact was informed to the OP, the OP threatened to the complainant.
On 14.2.2015 some employees of the electricity came to house of the complainant and wanted to disconnect the electric line as he did not pay the bill and then the complainant showed all the documents and stated that he could not pay the bill as he did not receive any bill from the OP. On 14.2.2015 the complainant got two bills one of which the bill dated was written as 29.10.2014 in which the previous reading date was mentioned as 9.3.2014 and present reading date was mentioned as 18.7.2014 and unit consumption showed as 5729 – 5729 = 0 unit and the bill month mentioned as March, 2013 to May, 2013 in the previous meter. But a different number vide G4330125 was also mentioned and unit consumption mentioned as 140-3948 amounting to
Contd…P/3
Rs.22043/- vide bill no. 410003092325. On the same date another bill vide no. 416001621758 was handed over to the complainant in which outstanding amount showed as Rs.22657.43 and previous meter reading mentioned as 18.7.2014 and billing date showed as 19.11.2014 and bill month showed as June to August, 2013 and meter No. mentioned as G 4330125 unit consumption 00 and EST adjusted unit showed as 891 unit and amount showed as Rs.28,057/-. The complainant received a disconnection letter on 15.2.2015, if the amount of Rs.28,057/- was not paid within 19.2.2015.
On the basis of said facts the complainant filed this instant case for reliefs as prayed in the petition. The complainant also filed an ad-interim petition for granting stay of the operation of the letter dt. 2.2.2015 and on the basis of the petition of the complainant and upon hearing stay has been granted by this Forum.
The complainant files some xerox documents by making annexure, such as letter dt. 18.2.2015, meter card no. 282645, xerox copy of electric bills, payment receipts, disconnection notice etc.
The OP Nos. 1 & 2 entered their appearance and filed written version on 3.7.2015 denying all the averments of the petition of complaint. They contended that the complainant Kalipada Mondal is a consumer vide ID no. 433013679 and he consumed the electricity energy and previously he had been paying the electric bill as per his consumption. The meter reader is a franchise under Electricity Company and when he takes the meter reading the complainant and his family members were absent and due to non- accessibility of the consumer’s premises electric bill could not be generated and sometimes it may happen that the bill which was sent to him was not tallied with meter reading. They have also contended that after installation of the new meter, the reading in the old meter was found
Contd…P/4
and it is revealed that huge amount of consumption had taken place and as such the subsequent bills showed high amount of outstanding dues. They further contended that there was no irregularity or deficiency in service on the part of the OPs and they generated the bills as per consumption unit and complainant is liable to pay the same.
On the basis of the pleadings of the respective parties following points are to be determined:-
- Whether the complainant is consumer or not?
- Whether the complainant consumed the electricity or not?
- Whether there is any deficiency in rendering service on the part of the OPs?
- Is the complainant entitled to get relief as prayed for?
DECISION WITH REASONS
All the points are taken together since they are all inter linked with each other.
It is admitted position that the complainant is a consumer under the OPs. The complainant has a domestic electric connection in his premises vide Consumer ID No. 433013679 and he has been paying electric bills regularly and he lastly paid Rs.134/- on 19.4.2013. Subsequent to that the electric meter has been replaced with a new meter. It is the allegation of the complainant that no bill was served upon the complainant after such installation and he informed the matter to the OPs orally and then in writing but no vain. It is seen from the documents filed by the complainant that a bill of Rs.22,043/- was served to the complainant for the consumption of 3808 unit for the period March - May, 2013 in which previous reading date mentioned as 9.3.2013 and current reading date mentioned as 18.7.2014 and thereafter a bill of Rs.28,057/- was served to the complainant for the
Contd…P/5
consumption of 891 unit for the period of June – Aug. 2013, in which the previous meter reading date mentioned as 18.7.2014 and current reading date mentioned as 11.11.2014. No where in the complaint the complainant stated that he did not consume the electricity but he raised his voice against for only abnormal electricity bills which he did not pay in time. The meter card also reflects the reading as stated above.
During hearing Ld. Lawyer for the complainant submitted that the complainant is a poor cultivator and he earns a meager amount of money per month and prayed for easy installments, if Ld. Forum pleases to decide the complaint against the complainant. Ld. Counsel on behalf of the OPs submitted that the complainant consumed the electricity and as such he is liable to pay the electricity bills and there is no laches or deficiency in rendering service on the part of the OPs.
Considering the above facts and circumstances of the case we are of the opinion that the complainant consumed the electricity and he is liable to pay the electricity bills as provided by the OPs. But considering the financial stringency of the complainant let a liberty be given to the complainant to pay the outstanding bills in 12 (twelve) equal installments @ Rs.2338/- per month along with the current electric bills.
All the points are decided accordingly.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.14 of 2015 is allowed in part on contest but without any cost.
The complainant is hereby directed to pay the arrear electricity bills of Rs. 28,057/- in 12 (twelve) equal installments @ Rs.2,338/- per month along with the current electric bills as provided or presented by the OPs.
Contd…P/6
The ad-interim stay petition dt. 2.2.2015 is hereby vacated.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………Sd/-….…
(S. Saha)
Member
We concur,
……Sd/-..…… ………Sd/-……..
(S. Ganguli) (S.N. Chatterjee)
Member President
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FREE COPY [Reg. 18(6)]
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