C.F. CASE No. : CC/2013/84
COMPLAINANT : Ananda Gopal Sadhu,
the beneficiary
(son) deceased Nanda Lal Sadhu,
Vill. Paschimpara, College Para,
P.O. Bagula, P.S. Hanskhali,
Dist. Nadia, Pin – 741502
OPPOSITE PARTIES/OPs 1) The Station Manager, Bagula E.S.,
WBSEDCL, P.O. Bagula, P.S. Hanskhali,
Dist. Nadia, Pin – 741502
2) The Regional Manager, E.S., W.B.S.E.D.C.L.
‘Bidhan Bhawan’ Administrative Building,
Near Central Park
Kalyani, Nadia, Pin 733101
3) The District Manager, Electric Supply,
W.B.S.E.D.C.L. P.O. Krishnagar, Dist. Nadia
PRESENT : SHRI PRADIP KUMAR BANDYOPADHYAY, PRESIDENT
: SMT REETA ROYCHAUDHURY MALAKAR, MEMBER
DATE OF DELIVERY
OF JUDGMENT : 20th January, 2014
: J U D G M E N T :
This is the case filed by complainant Ananda Gopal Sadhu under Section 12 of the Consumer Protection Act against the Station Managr, Bagula Electric Supply. The facts of the case to put in a nutshell are as below:-
The complainant is having a service connection of OP being No. BAI/D/630 and Consumer No. F022936. The complainant paid Rs. 1,184/- for electricity bill for the period from September, 12 to November, 13 in respect of meter No. ML 574284. The OP No. 1 installed a new meter bearing No. H608464 for the month of January, 13. The complainant sent a legal notice to the OPs disputing the inflated bill to the tune of Rs.42,010/- earlier to that unrevised bill was Rs.60,156/-. Due to wrong meter reading or defective meter reading such a high amount was claimed by the OPs out of revised claim of Rs. 42,010/- the claimant paid Rs. 6,935/-.
The claimant prays for a decree for compensation of Rs. 1,00,000/- and correction of the bill along with cost of the suit.
The OPs filed written version and the case of the defence summarized are as below:-
There was no entry of the installation of the new meter in the computer hence, average amount was taken monthly as electrical charges from the complainant and after thorough inspection it was found that the complainant has consumed 8021 units. The revised rectified bill shows the exact electric consumption unit wise (8021 unit) by the complainant. This instalment was agreed to be allowed by the OPs vide letter dtd. 07.08.2013 addressed by A.E. and Station Manager, Bagula Electric Supply for Nanda Lal Sadhu. The letter was received by Sumana Sadhu vide acknowledgement slip dtd. 07.08.13.
POINTS FOR DECESION
- Point No. 1: Is the complainant a consumer?
- Point No. 2: Was there any wrong calculation due to defective meter reading?
- Point No. 2: What relief the complainant is entitled to get?
REASOND DECISIONS
For the purpose of brevity and convenience all the points are taken up together for discussion.
Written version was filed by the OP on 26.09.13 while the complaint case No. CC/2013/84 was filed by the complainant on 13.08.13.
We have gone through the electric bills submitted by the complainant and the revised electric bills and other documents filed by the parties.
No case law was filed by either of the parties. After hearing the arguments, Sri Dilip Saha, ld. Advocate for the Electric Department and after perusal of the written argument filed by the complainant we have found that there was a communication gap between the complainant and the OP regarding the consumption of the electrical units by the complainant. We have also carefully examined the ready chart of the previous bills on 20.09.13 meticulously prepared by ld. Advocate by the complainant.
Bill Calculation:-
Consumption period – Aug 2011 to June 2013
Total Units – 7756 (new meter) + 265 (old meter) = 8021 units.
Energy Charge of 8021 Units.
| Units | Rate (Rs.) | Calculation | Rs. | Units (kwh) |
First | 0-75 | 3.35 | 75x3.35 | 251.25 | 75 |
Next | 105 | 3.75 | 105x3.75 | 393.75 | 105 |
Next | 120 | 4.73 | 120x4.73 | 567.60 | 120 |
Next | 300 | 5.22 | 300x5.22 | 1566.00 | 300 |
Next | 300 | 5.32 | 300x5.32 | 1596.00 | 300 |
Next | 900 | 6.99 | 900x6.99 | 6291.00 | 900 |
Next | 6221 | 6.99 | 6221x6.99 | 43484.79 | 6221 |
Total | | 54150.39 | 8021 |
Total Rs. 54150.39
Total Energy Charge Rs. 50278.00
In the actual bill
Tariff benefit Rs. 3872.39
Total Energy Charge Rs. 50278.00
Fixed charge Rs. 922.30
Meter rent Rs. 30.00
Electricity duty Rs. 5086.26
FPPCA cost Rs. 176.00
Arrear Energy Charge Rs. 524.10
Arrear Electricity duty Rs. 36.57
Gross Bill Rs. 57053.23
Subsidy from Govt. of W.B. Rs. (-) 2458.19
Adjustment Amount Rs. (-) 11263.00 (paid amount by the consumer)
Total bill comes Rs. 43332.04 without rebate
Rebate Rs. (-) 519.00
Total bill with rebate Rs. 42813.04
Total Bill with special rebate comes to Rs. 42010.00
(for the payments within first due date)
Total bill without rebate comes to tune Rs. 43332.00
Payment mode of (-) Rs. 6935.00
Unrealized amount of Rs. 36197.00
Thus it is undisputed that the complainant is a consumer. On scrutiny we find that Revised Bill has corrected the unrevised Bills.
The calculation as shown above shows is 36,197/- is yet to be paid by the complaint.
The complainant is directed to pay Rs. 36,197/- by six monthly instalments Rs.36197/6 of Rs. 6,033/- each.
Thus the complainant is not entitled to get any relief.
Hence,
Ordered,
That, the case CC/13/84 be and the same is dismissed on contest with direction the complainant to pay Rs. 6,033/- for six instalments.
Let a copy of this judgment be delivered to the parties free of cost.
