THE PRESIDENT

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

00WEST TRIPURA : AGARTALA

 

 

CASE No. CC- 24 of 2021

 

Sri Monoj Chowdhury,

S/O- Sri Manik Ch. Chowdhury,

Doordarshan Staff Colony,

Matripally, Badarghat,

P.O. & P.S.  A.D. Nagar, 

District- Tripura West.

Pin- 799003. .......….................Complainant.

 

 

-VERSUS-

 

 

The Senior Manager,

Tripura State Electricity 

Corporation Ltd. 

Bordowali, A.D. Nagar, 

P.O. & P.S. A.D. Nagar, 

Agartala-799003. ...….....................Opposite Party.

 

 

 

 

    __________PRESENT__________

 

 SRI RUHIDAS PAL

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 O.P.  : Sri Nepal Majudmer,

  Learned Advocate.

 

 

JUDGMENT  DELIVERED  ON :  03.06.2022

 

J U D G M E N T

The complainant Sri Monoj Chowdhury filed this case U/S 35 of the Consumer Protection Act, 2019 against the O.P. Senior Manager, Tripura State Electricity Corporation Ltd. in short TSECL  for redressal of his grievance. The Complainant's case in short is that the complainant is a permanent resident of Haibargaon Station Road, Opp. Haibargaon Railway  Reservation Centre. Dist. Noagtaon, Assam-782002. He is an Central Govt. employee and now posted at Doordarshan Kendra , A.D. Nagaar, Agartala. After allotment of quarter at Matripally, Badharghat the complainant has started for staying in the said quarter w.e.f. November, 2020. After depositing the requisite fees of reconnection of new staff quarter & disconnection of old staff quarter in the month of September, 2020 the Electricity Board (O.P.) was not taking any step for reconnecting as well as disconnecting prior to November, 2020. In the month of November, 2020 it has reported by the staff members of Electricity Board(O.P.) that they have connected electricity connection of staff quarter vide no- C-3/1 without disconnecting the earlier staff quarter as well as without intimating the complainant or to his family. The complainant noted that the previous meter reading was 2404.  He received an erroneous bill vide no- 3025958825 on 13.01.2021. He rushed to the O.P. Sr. Manager, TSECL, Agartala and the O.P. ensured that the grievances would be immediately be redressed. Till 30.01.2021 the complainant has not received any intimation from the said authority. The complainant has made personal enquiry of office documents of Doordarshan Kendra, Agartala and found that the last occupant i.e., Sri Swapan Kr. has vacated the quarter no. C-3/1 on 06.08.2018 after depositing the requisite charges of disconnection with last meter reading 1929. It was learnt by the complainant that the electric connection of quarter no. 31/1 was not disconnected till middle of 2019. No electricity was consumed in the said quarter during that vacant period and the meter reading should remain same i.e., 1929.  It is also stated by the complainant that the power supply consumption bill received by the complainant from O.P. was prepared taking into account of the initial meter reading at 2269 which is undoubtedly erroneous, false & fabricated. Despite of several efforts the complainant failed to rectify the same. As a result, the erroneous bill generated by the O.P. remained unpaid. Hence the complainant filed this case for getting relief claiming compensation of Rs.1,10,000/-.    

After getting notice from this Commission the O.P. could not file written statement within the statutory period and it was proceeded exparte. Then the O.P. preferred appeal before the Hon'ble State Commission for setting aside the exparte order. Hon'ble State Commission set aside the exparte order vide order dated 02.05.2022 and directed this Commission to accept the written statement and proceed to dispose of the complaint in accordance with law. Therefore, written statement filed by the O.P. is accepted. In the written statement it is stated by the O.P. that the complaint is not maintainable and there is no cause of action. It is also stated by the O.P. that the complainant unnecessarily filed this case with ulterior motive. That the complainant instead of making payment of the outstanding electricity bill consumed by him he filed this case without any prima facie cause of action. Neither the complaint is maintainable nor he is entitled to get any compensation as prayed for. It is stated by the O.P. that the complainant entered in the new quarter in the month of September, 2020. Reconnection of electricity of Doordarshan staff new quarter C-3/1 was given in the month of September, 2020. Electric service connection has been extended in the premisses of the petitioner Doordarshan staff quarter no- C 3/1 on 20.09.2020 vide ID no- 02500P101510066175 and at present the total outstanding bill stands Rs.2,621/- due to non payment. It is stated by the O.P. that the the petitioner deposited the disconnection charge of the old quarter  in the month of September, 2020 and accordingly in the said month the disconnection & reconnection was done by the corporation. It is also stated by the O.P. that at the time of entry in the new quarter C 3/1 the reading of the meter was 2223 and at that time due to Covid- 19 the bill dated 16.11.2020 was prepared without visiting the quarter and average reading was taken. On the next period 16.11.2020 to 14.12.2020 average bill was raised for Rs.308/- without taking the meter reading due to Covid-19 situation. Average bills was raised by the O.P. due to Covid-19 and accordingly bill from 15.12.2020 to 13.01.2021 bill was raised as per actual meter reading wherein the consumption of previous months has also been included which comes 196 units and bill was raised for Rs.1466/-. Hence, bill dated 13.01.2021 cannot be erroneous. It is admitted that the previous occupier in the new quarter vide no- C 3/1 namely Swapan Kr. Majumder vacated the quarter on 06.08.2018 and last reading was 1929. The petitioner entered in the said quarter with the same reading of meter, but the staff informed about the meter reading as 2223 in place of 1929 and accordingly 1st bill was raised from the unit 2223 by which the petitioner has got extra benefit due to such mistake by the staff during taking the meter reading. Petitioner got benefit of 294 units as reported by the staff of O.P. Further stated that there is no deficiency of service on the part of the O.P. and the electric bill was raised as per actual consumption of unit of electricity by the petitioner. And hence the complaint is not maintainable and liable to be dismissed. 

3. EVIDENCE ADDUCED BY THE PARTIES:-

Complainant submitted his examination in chief on affidavit as P.W. The documents submitted by the complainant vide firisti dated 24.03.2021 and 09.04.2021 on identification are marked as Exhibit- 1 Series. 

On the other hand, O.P. submitted examination in chief of Sri Asish Chakraborty, Senior Manager, Bardowali Rural Electrical Sub-division, Bardowali as O.P.W. 1. Documents submitted by the O.P. vide firisti dated 05.10.2021 on identification are marked as Exhibit- A Series.  

4. POINTS TO BE DETERMINED: - 

(i) Whether there is deficiency of service on the part of the O.Ps?

  (ii) Whether the complainant is entitled to get compensation/ relief as prayed for?

5. ARGUMENTS: - 

We have heard argument of both sides at length. 

At the time of argument Complainant himself submitted that earlier he was occupying staff quarter No.B-1/9 at Matripally, Badarghat and subsequently he was allotted another staff quarter vide No.C-3/1 and he shifted to the said quarter w.e.f. November, 2020. He deposited fees for reconnection of new staff quarter and also for disconnection of old staff quarter but the man of O.P. did not take any step for reconnection. Earlier Mr. Swapan Kumar Majumder was occupying the new quarter. He got the first electricity bill in the month of January, 2001 and in that bill it was mentioned that total unit consumed was Rs.196/- and net amount of charge was Rs.1485/-. The ID. No. 00510066175 and name of the consumer was Sri Monoj Choudhury. In this bill previous reading was shown at 2269 and current reading shown at 2465. Complainant further submitted that after getting the said bill he made correspondence and requested the Manager, TSECL for rectification of erroneous electricity bill. First time made correspondence on 13/01/2021 but no response from the side of the O.P. Again he made correspondence by letter on 30/01/2021 and lastly on 26/02/2021.  O.P. did not pay any heed. Complainant further submitted that since first bill was erroneous and he did not accept the bill. He also did not pay subsequent bill till today and he made a prayer before this Commission to pass necessary order giving him appropriate relief. 

On the other hand Learned Advocate Mr. Nepal Majumder submitted that one witness namely Sri Asish Chakraborty, Senior Manager of Bardowali Rural Electrical Sub-division, Bardowali  submitted Examination-in-chief on Affidavit to counter the complaint and the evidence adduced by the Complainant. Mr. Majumder submitted that Complainant suppressed the material fact involved in the matter. In the Examination-in-chief on Affidavit it is stated that the Complainant took entry in the quarter C-3/1 from November, 2020 are not true. Actually he made entry in the month of September, 2020. The reconnection of electricity was given in the month of September, 2020. Mr. Majumder submitted that at present total outstanding bill stands at Rs.2,621/- due to non-payment and Petitioner is duty bound to clear outstanding electricity consumption bill. Mr. Majumder further submitted that first reading at the time of entry in the new quarter No.C-3/1 was 2223 and at that time due to COVID-19 the first bill was prepared without visiting and prepared on average reading which was included the unit consumption of earlier quarter amounting to Rs.223/- and there was no erroneous bill or fictitious bill. Mr. Majumder further submitted that actually this complaint is not maintainable and there was no negligence or deficiency on the part of the O.P. and complaint is liable to be dismissed.  

6. DECISION AND REASONS THEREOF:-

Both the points are taken up together for convenience. We have carefully gone through the complaint as well as written statement, examination in chief on affidavit submitted by both the parties. On perusal of the pleadings, we find that the crux of the allegations is that the complainant got first bill for the new quarter in the month of January wherein it was charged for Rs.1465/- for the consumption of 196 units in a month and it was stated that the said bill was erroneous and without making payment of the bill complainant made several correspondences to the Manager, TSECL for rectification of the bill.

From the pleadings we find that earlier complainant was occupying another quarter being No. B- 1/9 at Matripalli, Badarghat. At the time of argument on query complainant stated that he did not submit the last and final electricity bill of old quarter and he admitted that he did not submit 'No dues certificate'. We have gone through the examination in chief on affidavit submitted by O.P.W. 1, namely Sri Asish Chakraborty who is presently posted as Senior Manager at Rural Electrical Sub-division, Bardowali. At Para 7 of the examination in chief on affidavit O.P.W.1 stated that the statement of the complainant/ petitioner that he took entry in the quarter C- 3/1 from November 2020 are not true. Actually he entered in the new quarter in the month of September, 2020. The reconnection in the said quarter was made in the month of September, 2020. In the said para D.W.1 stated that electric connection has been extended in the premisses of the complainant  at quarter no. C- 3/1 on 20.09.2020 vide consumer ID No. 02500P101510066175 and at present outstanding bill stands at Rs.2621/- due to non payment.  Petitioner is duty bound to pay the outstanding electricity consumption bill. 

7. At para -9 in his examination in chief, D.W.1 further stated that at the time of entry in the new quarter C- 3/1 the meter reading was 2223 and on that time due to Covid-19 the bill dated 16.11.2020 was prepared without visiting the quarter and average reading was taken and also included the unit consumption of earlier quarter which was Rs.223/-. From the next period from 16.11.2020 to 14.12.2020 average bill was raised for Rs.308/- without taking the meter reading due to Covid-19 situation and shown as door closed. 

  O.P. submitted a chart and some copy of bills by firisti dated 05.10.2021. The chart shows that there were no present reading on two occasions due to Covid-19 and bill was prepared on average. We have tallied the subsequent unit consumption and found that there are no symmetry. It may happen and it depends upon consumption of electricity by the consumer. In the instant the case complainant ought to have submit his last and final bill of his old quarter as well as 'No dues certificate'. Since O.P.W. 1 in his deposition stated that the concerned bill included the earlier outstanding bill of old quarter. We do not find any merit in this complaint petition. Moreover, we are in the opinion that the complainant has failed to prove that he has cleared the electricity bill of the old quarter. We also do not find any supporting documents that the complainant has vacated the old quarter in the month of November, 2020 and he has entered in the new quarter in the month of November, 2020.

8. In the result, we are in the opinion that the complainant has failed to prove the deficiency in service committed on the part of the O.P. Hence complaint is dismissed. No costs. Supply copy of this judgment to both the parties free of cost.

 

Announced.

 

 

SRI R. PAL

PRESIDENT, 

DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA, AGARTALA. 

 

 

 

Dr (SMT) B. PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR GUPTA,

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION

  WEST TRIPURA,  AGARTALA.