DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 70  of  2022

 

Sri Biswajit Debnath,

S/O- Sri Bhajan Ch. Debnath,

Dhaleswar Road No. 11

(Near Bundh),P.O.- Dhaleswar,

District- west Tripura- 799007. ..............…......Complainant.

 

-VERSUS-

 

1. The Managing Director,

Tripura Natural Gas Company Ltd.,

Shilpa Nigam Bhavan,

Khejur Bagan, Agartala,

P.O. Kunjaban, P.S. N.C.C.,

District- West Tripura- 799006.

 

2. The Deputy Manager(O & M),

(Sri P. Bhattacharjee),

Tripura Natural Gas Company Ltd.,

Shilpa Nigam Bhavan,

Khejur Bagan, Agartala,

P.O. Kunjaban, P.S. N.C.C.

District- West Tripura- 799006.

 

3. The Chief Manager(COMM and O & M),

(Shri Chandan Chakraborty),

Tripura Natural Gas Company Ltd.,

P.O. Kunjaban, P.S.-  N.C.C.

District- West Tripura,

Pin- 799006.

 

 

4.  The Branch Manager,

UCO Bank, Purbasha Branch,

Agartala, (Near Mathchowmohani),

  P.O. Agartala, Agartala,

West Tripura,-799001. ….........….............Opposite Parties.

 

 

 

    __________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA.

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER

DISPUTES REDRESSAL COMMISSION,

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

 

 

 

C O U N S E L

 

For the Complainant : In person.

 

For the Opposite Parties : Smt. Paramita Dhar,

  Learned Advocates.

 

 

 

 

ORDER    DELIVERED   ON :    25.04.2023.

 

 

F I N A L    O R D E R

The case arose due to the complaint petition filed by Sri Biswajit Debnath S/o Bhajan Ch. Debnath (here-in after referred to as ‘the Complainant’) against: (i) The Managing Director, Tripura Natural Gas Company Ltd. (here-in-after referred to as ‘the O.P.1’) (ii) The Deputy Manager(O & M) (Sri P.Battacharjee), Tripura Natural Gas Company Ltd. (here-in-after referred to as ‘the O.P.2’) (iii) The Chief Manager (COMM and O & M) (Sri Chandan Chakraborty), Tripura Natural Gas Company Ltd. (here-in-after referred to as ‘the O.P.3’)  (iv) The Branch Manager, UCO Bank, Purbasha Branch, Agartala (here-in-after referred to as ‘the O.P.4’) u/s 35 of the Consumer Protection Act, 2019.

 

2. The Complainant's case, in brief, are as under:

2.1 The Complainant possesses a domestic pipe-line gas supply connection (Consumer Code- 0805986). The dispute appeared in the gas bill for a period 23.07.2021 to 19.10.2021 wherein, allegedly, an amount of Rs.979/- has been shown as previous overdue along with bill amount of Rs.1319/- against actual consumption during the period.

2.2 The Complainant referred the matter to O.P.1 to withdraw the previous balance of Rs.979/- from the disputed bill and asked for a fresh corrected bill thereof.

2.3 Repeated requests of the Complainant for correction of the disputed bill did not bring any result for him from the O.P.1. Pending the dispute alive, the O.P.1 issued a new bill for the period from 10.10.2021 to 06.12.2021 for Rs.1092/- which, allegedly, found to be erroneous, as the bill was not drawn as per the actual meter reading. On identifying the discrepancy, the Complainant requested the O.P.1 to correct the bill as per actual consumption through meter reading.

2.4 The Complainant received a reply from O.P.3 on 18.01.2022 wherein it was disclosed that the software glitch in their system lead to wrongful display as zero payable amount instead of Rs.960/- as overdue for the bill from 30.05.2021 to 22.07.2021. In regards to the bill perioding from 10.10.2021 to 06.12.2021, O.P.3 confirmed the correctness of the bill amount.

2.5 The Complainant paid Rs.1920/- and Rs.960/- on 15.05.2021 and 24.08.2021 through online mode against the Gas bills respectively. 

2.6 Despite his making several requests for rectification of the bills, the Complainant’s disputes remained unresolved. Being dissatisfied and aggrieved so, the Complainant filed this complaint petition. The Complainant prayed for a direction to O.P.s to issue of correct bill for the period from 23.07.2021 to 19.10.2021 by withdrawing the previous demand of Rs.979/- and rectify the bill as per meter reading for the period from 10.10.2021 to 06.12.2021 along with compensation as considered fit by this Commission.

2.7 Hence this case.

 

3. The O.Ps filed written version whereby they disproved and refuted the charges being leveled against them. It is admitted by them that due to software glitch in the operating system, the advance payment was shown wrongly as Rs.960/- in the gas bill perioding from 30.05.2021 to 20.07.2021 and; the payable amount was indicated as ‘nil’ in place of displaying the same as Rs.960/-.

3.1 It is submitted that on the basis of the transaction details along with bank pass book submitted by the Complainant, the O.P.s undertook a thorough check-up and the disputed amount was adjusted against the subsequent bills on 23.02.2022 by making a payment entry of Rs.979/- and the corresponding system information was updated accordingly.

3.2 It is submitted that due to such adjustment and updation of the payment entry of Rs.979/- being done, the O.Ps has no liability left against the disputed amount.

 

4. The Complainant has submitted his evidence on affidavit replicating the issues being pointed out in his complaint petition.

4.1 The O.P.3, namely, Sri Chandan Chakraborty has submitted his evidence on affidavit reiterating the contents, being so narrated in his written version.

 

5. The following points fall on, in the instant case, for consideration:

5.1 Whether the O.Ps has provided deficient service to the Complainant by charging an overdue amount of Rs.979/- for the bill perioding from 23.07.2021 to 19.10.2021?

5.2 If so, what would be the reasonable compensation/ relief ?

 

6. The Complainant argued the case. The O.Ps did not participate at the argument stage. The major points of the arguments made out by the Complainant are as under:

6.1 The Complainant argued that the gas bill perioding from 23.07.2021 to 19.10.2021 is erroneous due to showing an overdue amount of Rs.979/- although, in the bill immediately  preceding the period, displayed an amount of Rs.960/- to be adjustable from the subsequent bill. It is also pleaded that the bill drawn immediately after the disputed bill, there itself the billing amount Rs. 1092/- arrived at without taking the actual meter reading.

6.2 Albeit several request being made by the Complainant to O.Ps for correction of the disputed bills, the O.P. was mysteriously remained silent.

6.3 It is argued that the Complainant paid Rs.1920/- and Rs.960/- through online mode on 15.05.2021 and 24.08.2021 respectively. But such payments were not adjusted while working out the subsequent gas consumption bills.

6.4 Argued to seek direction to O.Ps to withdraw the demand of Rs.979/- from the bill perioding from 23.07.2021 to 19.10.2021 and correction of the bill for the period  from 10.10.2021 to 06.12.2021 along with awarding appropriate compensation for the deficiency of service by the O.P.s.

 

7. We have meticulously examined the materials available on record. We have taken all the points together for brevity and for coming into a comprehensive conclusion of the case. Views drawn by us are as under:

7.1 It is an admitted fact that Rs.1920/- paid against bill of March,2021 by the Complainant. The O.Ps cleared their position submitting that due to software glitches in the operating system, the payable amount shown as 'nil' in place of Rs.960/- in the bill perioding from 30.05.2021 to 22.07.2021.

7.2 In accordance to the reply letter (undated) of the Complainant, as issued in reference to the letter of the O.P.3 dated 15.02.2022, it is contended by the Complainant that he paid Rs.1920/- (two transactions of Rs. 960/- each) on 15.5.2021 and Rs.960/- (single transaction) on 24.8.2021 through online mode using mobile banking. But, on scrutiny of the online payment transaction copies submitted by the Complainant, it has come to our sight that only one transaction of Rs.960/- done on 15.05.2021 is valid and legitimate in reference to the Gas Connection with the Consumer Code 0805986 of the Complainant. The remaining two transactions of payment of Rs 1920/- (Rs. 960/- each on 15.5.2021 and 24.8.2021) were done in reference to a separate Consumer Code 0805985 belongs to one Bhajan Chandra Debnath as Customer. Therefore, the payment of Rs. 1920 made in reference to a separate Consumer Code does not have any bearing to this case.

7.3 On 14.07.2022 the O.P3 confirmed by providing the billing statement indicating that an amount of Rs.979/- being adjusted against the billing period from 07.12.2021 to 27.01.2022. But such adjustment of the excess amount was intimated after filing of this case.

7.4 From the point explained in para 7.3 above, it suggests that the disputed amount has been duly adjusted with the future bill by the O.P.s. Therefore, the Complainant is not entitled to receive any further credit of amount towards adjustment in billing process. 

7.5 Keeping the above observations in view, there is no iota of doubt that the billing was done incorrectly for the disputed bill. The O.Ps later on detected the lapse and undertook a corrective measure by adjusting the disputed amount of Rs.979/- with the bill amount drawn for the period from 07.12.2021 to 27.01.2022. This led us unequivocally to conclude that the O.Ps provided deficient service to the Complainant.

7.6 Furthermore, the adjustment of the disputed amount has been intimated by a statement authenticated and certified by O.P.3 on 14.7.2022.  Therefore, the remedy has been provided by the O.P.s in a later period of filing the complaint petition. As such, the O.Ps are liable to pay compensation to the Complainant due to the hassles, mental agony  and pain suffered by the Complainant on account of drawing erroneous bill.

 

8. We, therefore, hold that the complaint petition succeeds partially. Now, we order that the O.P.s shall pay Rs.4000/- as compensation to the Complainant within two months from the date of this order. Failing to pay, the amount shall carry interest @ 9% P.A. from the date of this order till realization. The O.P.s are jointly and severally liable to pay the compensation amount. 

8.2 We further order that the O.P.s shall allow reasonable installment payment opportunity to the Complainant to clear the outstanding amount accumulated towards the gas bills drawn subsequent to the period of arising the dispute in the billing system. The O.P.s shall not charge any penalty for such payment of dues in installments by the Complainant.  

 

9. All the points are, accordingly, decided. The complaint petition, thus, stands disposed of. Supply copy of this Final Order to the parties free of cost.

 

Announced.

 

 

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER,

DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA

 

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.