West Bengal

Bankura

CC/53/2023

Bishnuballav Cold Storage Pvt. Ltd represented by Madhusudan Mondal - Complainant(s)

Versus

The Regional Manager, WBSEDCL, Bankura Regional Office - Opp.Party(s)

17 Jul 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

  Consumer Complaint No. 53/2023

Date of Filing: 13.06.2023

Before:                                        

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

 

For the Complainant:  Ld Advocate Subrata Chakraborty

For the O.P.  Ld Advocate Jayanta Chowdhury

 

Complainant  

Bishnuballav Cold Storage Pvt. Ltd represented by Madhusudan Mondal, S/o Lt.Parbati Charan alias Parbati Mondal, R/O Vill Nachanjam, P.O.Piardoba, P.S.Garbeta, Dist. Paschim Midnapur, Pin-722 149, Phone: 9732303907                                                              

 Opposite Party         

1.The Regional Manager, WBSEDCL, Bankura R.O., 1^st Floor, Bidyut Prashasonik Bhawan, Lalbazar, Bankura- 722 101

2.Assistant Engineer, WBSEDCL, Bishnupur, near Jadubhatta Mancha, Bishnupur, Bankura-722 122

 FINAL ORDER / JUDGEMENT  

Order No.04

Dated:17-07-2023

Both parties file hazira through advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that Bishnuballav Cold Storage Pvt. Ltd. represented by the Complainant is an industrial consumer under the O.P. / WBSEDCL vide Consumer No. D23068 and Meter No.WBS00235. So long there was no problem regarding raising of the electric bills of the complainant Company but unfortunately the O.P. has sent a bill No.15  vide Invoice No.627500161574, billing date: 08-06-2023, billing cycle May, 2023 for Rs.30,77,041/- which is too excessive and arbitrary and the complainant has therefore approached this Commission for appropriate relief.

The O.P. contested the case by filing written version justifying the said bill on the basis of consumption for the corresponding previous period i.e. 01-01-2022 to 31-05-2022 and the consequent technical report of rectification of defective metering circuit on 31-05-2023.                                                                                                                                                 

                                                                                                                                                                                           Contd……p/2

Page: 2

-:Decision with reasons: -

Having regard to the facts of the case, submission and contention and documents placed on both sides the Commission finds that the complainant has come out with a plea of excessive bill without taking into consideration the corresponding consumption bill and the technical fault detected and rectified on 31-05-2023 with regard to the meter circuit of the complainant’s electric connection.

Generally the Commission does not interfere with the billing dispute in view of Clause-3.5 of Notification No.55 of West Bengal Electricity Regulatory Commission dated: 07-08-2013 but considering the consumer and service provider relationship and supply of electrical or other energy being ‘service’defined in Section 2 (42) of the Consumer Protection Act the Commission intends to dispose of the case on their own views.

Admittedly a technical fault was detected in the supply and electric connection of the complainant Cold Storage and the same was rectified on 31-05-2023 and till rectification the electric bill of January, 2023 and onwards have been sent to the complainant for a lesser amount for inactual consumption and the complainant had duly paid the same. But after detection and rectification of technical fault with effect from 31-05-2023 the bill in question has been raised on 08-06-2023 taking into consideration the normal average consumption for the period from January, 2023 to May, 2023 after adjustment of payment of lesser amount for those period.

At the time of hearing Ld. Advocate for the O.P. has referred to the consumption details for the Year-2022 from 01-01-2022 to 31-05-2022 as mentioned in the written version which shows that on an average total consumption units for the said period is 4,55,612/- and the consumption amount is Rs.38,73,328 and for the corresponding period for the Year-2023 from 28-12-2022 to 31-05-2023 the total consumption units including the disputed bill for May, 2023 is 4,66,909/- and the consumption amount is Rs.36,79,691/-. Divisional Engineer (Commerce), Lalbazar Regional Office was present at the time of hearing to assist the Commission in explaining the technical aspect of the matter.

Ld. Advocate for the complainant could not dispute the above consumption details but his contention is that loading of storage of potato has come down from 1,56,163 Quintal in 2022 to 1,00,516 Quintal in 2023 and as such the consumption amount should be comparatively less for the bill cycle, May, 2023. As mentioned above consumption amount for the present year is comparatively lower than the previous year.

                                                                                                                                                                                          Contd…….p/3

Page: 3

Ld. Advocate for the complainant has lost sight of an important fact that the disputed bill for billing cycle May, 2023  for Rs.30,21,527/- is the adjusted amount  taking into consideration the actual consumption from January, 2023 to May, 2023 following the detection of the technical defect and rectification of the same on 31-05-2023 and this fact has been highlighted in a system generated document issued by Superintending Engineer / Divisional Engineer for and on behalf of WBSEDCL.

Ld. Advocate for the complainant has further contended that immediately after lodging of the instant complaint the O.P. sent a bill with billing date: 05-06-2023 for the billing cycle May, 2023 for Rs.1,47,913/- as if the disputed bill with the billing date- 08-06-2023 for Rs.30,21,527/- has been revised to such amount and on such belief the said amount has been paid by the complainant. But by letter dated: 16-06-2023 the O.P. has clarified that the said bill with billing date: 05-06-2023 is an erroneous bill and the complainant is to pay the disputed bill with billing date: 08-06-2023 for Rs.30,21,527/-

The Commission does not find any justification on the part of the O.P. to send such a bill with billing date: 05-06-2023 for Rs.1,47,913/- which is rather confusing and misleading. Be that as it may, the complainant cannot avoid the liability of payment of electric bill for Rs.30,21,527/- minus Rs.1,47,913/- which has already been paid by the complainant.

The case therefore fails.

Hence it is ordered……..

That the case be and the same is dismissed on contest.

The complainant is directed to pay the bill amount of Rs. 30,21,527/- minus Rs.1,47,913/- with the billing date: 08-06-2023 in three installments within three months from this date in default the complainant will face the legal consequences. The complainant will go on depositing current bill as usual.

Both parties be supplied copy of this order free of cost.

 

               ____________________                           _________________                     _________________

              HON’BLE   PRESIDENT                     HON’BLE MEMBER                   HON’BLE MEMBER