Consumer Complaint No. 211 of 2016

Date of filing: 09.12.2016                                                                       Date of disposal:  09.6.2017

Complainant:        Jayanta Mitra, S/o. Ganesh Mitra, resident of Vill. & PO: Agradwip (R.S.), PS: Katwa, Dist: Burdwan, PIN – 713 502.

-V E R S U S-

Opposite Party:            The Station Manager, Dainhat Customer Care Centre, West Bengal State Electricity Distribution Company Lim ited, having its office at Dainhat, PO: Dainhat, PS: Katwa, District: Burdwan, PIN – 713 502.

Present:       Hon’ble President: Sri Asoke Kumar Mandal.

Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Suvro Chakraboerty.

Appeared for the Opposite Party:  Ld. Advocate, Biswanath Nag (ex parte).

J U D G E M E N T

This complaint is filed by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice as the Ops have generated erroneous electric bills.

The fact of the complaint is that the complainant is a consumer in respect of the electricity. He had two meters, one for his residential purpose and the other for his shop adjacent to his residence. The meter number of the residence is T2040829 and consumer ID No. 500344529, whereas the meter number of his shop was T204192 and Consumer ID No. was 500338936. In the month of Nov- ember, 2014 the complainant noticed that the meter bearing No. T2040829 i.e. of his residence was showing wrong reading. As such the complainant lodged complaint before the OP over telephone. On the basis of such complaint the OP took steps to change the meter of the complainant. The meter number replacing the earlier one is No. B2724221 on 08.12.2014. The first bill for the period from 30.01.2015 to 30.4.2015 which came to the complainant had the reflection that the Consumer ID No. is 500344529 and meter No. is T22040829 i.e. there was no change in the bill which might show any change or replacement of the earlier meter. In the next bill for the period from May to July, 2015 shows that the meter No. is B2724221 i.e. the number of the changed meter but the Consumer ID No. shows as 500338936 and the tariff class shows: A (CM-R) i.e. commercial. This Consumer ID No. i.e. 500338936 is actually the Consumer ID Number of the shop which is commercial and having Consumer ID number of the shop of the complainant. The complainant was astonished to notice this irregularity as the OP raised bill in respect of the newly installed meter in the house of the complainant by treating the same as a commercial one. Further the complainant iterated that the OP has also changed the Consumer ID number of the complainant in respect of the meter of his residence. The complainant also noticed that the Consumer ID in respect of the meter situated in his shop, as well as, his house is same. The complainant iterated that though the OP replaced the meter of his house, the Consumer ID also became changed and there was no existence of meter number T2040829 and Consumer ID No. 500344529. It shows that the OP on each and every month were sending bills in respect of that meter on the basis of their self-made meter reading and consumed unit of electricity. The complainant after noticing such errors in bill sent by the OP raised objection verbally against the bill for month of May,2015 to July, 2015 though he had paid the bill amount of Rs. 1,767=00  to the OP 0n 22.5.2015. Thereafter the complainant submitted a written representation before the OP on 12.6.2015 by requesting them to take steps to solve the dispute. But the OP instead of taking steps towards solving the dispute sent another bill for the period from August, 2015 to October, 2015. This time the complainant did not pay the bill amount to the OP.  The complainant further submitted that he requested several times the OP for solving the dispute, to stop sending bill in respect of the meter which is not in existence and also requested to treat the newly installed meter as domestic one but the OP did not pay any heed to such request of the complainant. The complainant further made some allegations against the bill of his shop which has a tariff class of commercial. In the month of November, 2014 the OP sent a bill dated 24.11.2014 in respect of the meter No. T2041902 i.e. of his shop. The OP declared that the meter is defective one without observing any test by engaging their expert. Moreover, the OP without giving any notice to the complainant disconnected the electric connection of the shop of the complainant in the month of May 2016. As such the complainant was compelled to pay the disconnection charge to the OP. On 14.5.2016 the OP raised a bill of Rs. 3,745=00 for the month of February, 2016 to April, 2016 for his shop. As the amount was very high the complainant paid Rs. 500=00 to the OP and paid the residual amount in three installments being permitted by the OP. But very surprisingly the OP by sending a bill dated 24.7.2016 demanded Rs. 350=00 as LPSC charges. As such the complainant is compelled to file this case before this ld. Forum with a prayer for direction upon the OP to change the Consumer ID and status of the meter bearing No. B2724221 which is situated in the residential house of the complainant. The complainant further prays for directing the Op to sent the bill in respect of the meter No. B2724221 regularly on the basis of actual meter reading and also he prays for directing the Op to pay a sum of Rs. 50,000=00 towards mental pain, agony and harassment and Rs. 20,000=00 towards litigation cost.

Notice was served upon the Op but he did not appear during the stipulated period. Hence, the case was heard ex parte.

Decision with reasons:

Perused all the documents submitted by the complainant as evidence on affidavit. The complainant has submitted the relevant yellow card showing the meter reading and several electric bills sent by the OP wherefrom it is seen that after changing the defective meter of the complainant which is situated in his residence, the OP raised the bill mistaking altogether the meter number, as well as, the tariff class and Consumer ID.  The residential meter actually bears a number of tariff class as domestic and the meter of the shop shows the tariff class and Consumer ID as commercial. But the OP raised the bill of the complainant for his residence as commercial which is highly erroneous, as well as, irregular. The first bill sent by the OP for the period from 30.01.2015 to 30.4.2015 shows that the Consumer ID No. 500344529 and meter No. T2040829 and tariff class is domestic one after change of the defective meter of his residence. It is erroneous as the meter has already been changed to No. B2724221. The next bill for the month of May to July, 2015 the bill sent by the OP shows that the Consumer ID No. is 500338936, tariff class is commercial and the meter No. is B2724221 i.e. the OP raised the bill against the Consumer ID of the Shop which a commercial one and for which the tariff class has been shows as commercial.  It is a gross irregularity on the part of the OP. It may be mentioned that even after the change of defective meter Consumer ID number of any consumer cannot be changed but in the instant case the OP has changed the Consumer ID number of the complainant for his residence after changing the defective meter and as the Consumer ID No. 500338936 is for the complainant’s shop, so the tariff class has been shown as commercial. It is absolutely blameworthy for the activities of the OP. Though the case was heard ex parte against the OP, the Op submitted his written version after the statutory period which has been kept with the records. It shows that he has also admitted his fault as a typographical mistake one. He also promised not to do such type of mistake in the future. Hence, it is evident that the Op has made serious mistake in raising the bill of the consumer for his residence.

            As regards the allegations made by the complainant in respect of bill raised against the shop we cannot take any measure as the meter of the shop is a commercial one, which will not come under the purview of the C.P. Act, 1986. Hence, it is

O r d e r e d

that the Consumer Complaint being No. 211/2016 is allowed ex parte against the Op with cost with a direction to the OP to change the Consumer ID and status of the meter bearing No. B2724221 which is situated in the residential house of the complainant within 45 days from the date of passing of this award. The Op is further directed to send the bills in respect of the said meter No. B2724221 regularly on the basis of actual meter reading. The Op is also directed to pay Rs. 1,000=00 as compensation to the complainant towards mental pain, agony and harassment and Rs. 200=00 as litigation cost to the complainant within 45 days from the date of passing of this award, failing which the complainant is at liberty to put the entire award in execution as per provisions of law.

            Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

                     (Asoke Kumar Mandal)        

             Dictated and corrected by me.                                                    President       

                                                                                                           DCDRF, Burdwan

                     (Pankaj Kumar Sinha)

                      Member

                     DCDRF, Burdwan

                                                                                (Pankaj Kumar Sinha)

                                                                                          Member   

                                                                                  DCDRF, Burdwan