West Bengal

Paschim Midnapore

CC/98/2011

Sri Samarendra Nath Roy - Complainant(s)

Versus

The Station Manager, Group Electric Supply, W.B.S.E.D.C.L - Opp.Party(s)

30 Apr 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

Complaint case No. 98/2011                                              Date of disposal: 30/04/2012                               

BEFORE : THE HON’BLE PRESIDENT :  Mr. P. K. Sarkar.

                                                     MEMBER :  D. Sengupta.

For the Complainant/Petitioner/Plaintiff: Mr. A. K. Dutta.

For the Defendant/O.P.S.                          : Mr. S. K. Bhattacharya.

      Sri Samarendra Nath Roy S/o-Biswanath Roy, Khapral Bazar (Near Maszid), P.O.-

      Midnapore, P.S.-Kotwali, Dist Paschim Medinipur………….Complainant.

                                                              Vs.

1. The Station Manager, Group Electric Supply,  W.B.S.E.D.C.L., B. R. Sector at Keranitola, P.O. & P.S.- Midnapore, Dist-Paschim Medinipur
2. The Circle Manager, Group Electric Supply,  W.B.S.E.D.C.L., Saratpally, P.O. & P.S.- Midnapore, Dist-Paschim Medinipur…………………..Ops.

The facts of the case as made out by the complainant are as follows:-

The complainant is a consumer of electricity from the supply line of the Op- Electric Supply Company at his residence at Khaprel Bazar, P.S.Kotwali, District- Paschim Midnapore through the Meter No.4M07496, connection No.C/11/10126 and Consumer ID212180830.  Subsequently, the meter was found to be defective and on the basis of a complaint lodged by the complainant, the Op No.1 replaced the old meter by a new meter No.GO59461 on 2/4/2011and  as par reading of the new meter, the complainant consumed 611 units of electricity up to 16/5/2011 but the Op No.1 issued the bill for Rs.11, 442/- on 16/5/2011 for 1759 units of electricity by adding 1148 units with 611 units consumed by complaint with direction upon the complainant to pay Rs.3928/- on 27/5/2011, Rs.3906/- on 23/6/2011 and 3906/- on 5/7/2011.  It has been contended by the complainant that he did not consume 1148 units of electricity added in the bull dated 16/5/2011 and as such there was no justification to include the charge for additional 1148 units of electricity in the bill dated 16/5/2011.  As such on 27/5/2011 the complainant lodged a complaint against the said bill dated 16/5/2011 before the Op No.1 but Op No.1 did not rectify the bill till date.  Subsequently, the Op No.1 again issued another bill dated 25/7/2011 for Rs.1963/- for consumption of 422 units of electricity by the complainant during the period from 5/5/2011 to 11/7/2011 with direction to pay the same on

Contd………….P/2

 

- ( 2 ) -

11/8/2011, 6/9/2011 and 13/10/2011 and in that bill an outstanding amount of Rs.11740/- was shown.  The complainant wanted to deposit 1963/- as par bill dated 25/7/2011 but the office of the Op No.1 refused to accept the same unless total of amount of Rs.13, 703/- was paid. Again on 30/8/2011 the complainant lodged a complaint before the Ops for rectification of the bills dated 16/5/2011 and 25/5/2011 but the Ops failed and neglected to rectify the bills. As such the complainant filed the instant complaint alleging deficiency of service of the Ops, with prayer for direction upon the Ops to rectify the bill dated 16/5/2011 and for injunction restraining the Ops not to disconnect the electric line of the complainant.

The Ops contested the case by filing their W/O contending inter alia that the petitions of the complainant for rectification of the disputed bills are still pending before the Ops and the Ops have no intention to disconnect the electric line of the complainant as alleged; and that there was no deficiency on their behalf and so there was no cause of action for the complainant to file the instant complaint against the Ops. Accordingly the Ops sought for dismissal of the complaint.

The points for decisions are :

     (1)Whether the complainant is a consumer within the meaning of the section   2 (i) (d) (ii) of the C.P. Act, 1986 ?

     (2)Whether the Ops. were deficient in service within  the meaning of section 2 (1)(g) read with section 2(1)(0) of the C. P. Act, 1986 ?  

      (3) Whether the complainant is entitled to get the reliefs as sought for ? 

Decision with reasons:-

           All the points are taken together for discussion as they are interrelated.  Admittedly the complainant is a consumer of electricity from the Op- Electric Supply Company.  According to the complainant, the Op No.1 illegally added 1148 units of electricity in their bill dated 16/5/2011, whereas the complainant consumed 611 units of electricity as reflected in the new meter No.G059461 installed at the residence of the complainant on 2/4/2011. According to the Ops, the petitions for rectification of the disputed bill filed by the complainant are still pending for their consideration and they have got the intention to disconnect the electric connection of the complainant. From the copy of the petitions of complaint lodged by the complainant before the Ops revealed that the complainant contended that he had not been living in the premises in question for last one year and as such the question of consumption of 1148 units of electricity prior to replacement of the old meter by the new meter No.G059461 did not arise. The copy of the meter reading card marked Exhibit 1 disclosed that the previous meter No.4M074976 was installed on 11/1/2005 but the consumption of electricity by the complainant was never recorded

Contd………….P/3

- ( 3 ) -

after installation of the meter. Admittedly the old meter was replaced by the new meter No.G059461 on 2/4/2011. It is not possible to ascertain whether the complainant was residing elsewhere before the replacement of the old meter by the new meter No.G059461 on 2/4/2011 and/or whether he did not consume any electricity at the premises in question prior to 2/4/2011 as contended by him.  The copy of the duplicate bills submitted by the Ops disclosed that the previous meter of the complainant was stopped and as such no charge for consumption of electricity by the complainant through the Meter No.4M287138 was reflected in the bills since January 2008. As such, in absence of any evidence regarding the average the previous consumption of electricity by the complainant prior to replacement of the old meter by the new meter No.GO59461 on 2/4/2011 it is impossible to ascertain extent of outstanding dues payable by the complainant for the electricity consumed by him prior to installation of the new meter No.G059461 on 2/4/2011. Since the Ops asserted that the complaints filed by the complainant against the disputed bills dated 16/5/2011 and 25/7/2011 are still pending for their consideration, we propose to direct the Ops to dispose of the complaints filed by the complainant before them against the bill dated  16/5/2011 and 25/7/2011 within 30 days from the date of communication of this order.

                    Hence, it is

                                        Ordered

                                                        that the complaint be disposed of with direction upon the Ops to dispose of the complaints filed by the complainant before them against the bill dated 16/5/2011 and 25/7/2011, within 30 days from the date of communication of this order. In the mean time, the Ops are hereby restrained from disconnecting the electric line of the complainant till compliance of this order. The complainant is at liberty to file fresh complaint against the Ops if he is not satisfied with the revised bills to be issued by the Ops after rectification of the disputed bills. The parties do bear their respective costs.               

 Let the copies of the judgment be supplied to the parties free of cost. 

Dic. & Corrected by me

                                                                      I agree                      

              

         President                                             Member                                  President

                                                                                                                 District Forum

                                                                                                             Paschim Medinipur.