IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/08/2016 .
Date of Filing: 14.01.2016. Date of Final Order: 27.07.2016.
Complainant : Raju Sk. S/O Kased Sk. Nowda, P.O. Gankar P. S. Raghunathganj, Dist. Murshidabad.
-Vs-
Opposite Party: 1. The Station Manager, Raghunathganj CCC, WBSEDCL, P.O.&P.S. Raghunathganj,
Dist. Murshidabad. Pin 742225.
2. The Assistant Engineer, Raghunathganj CCC, WBSEDCL,
P.O.& P.s. Raghunathganj, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya …................... President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
Instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 with a prayer for direction to the OP not to disconnect line without settlement of outstanding amount of the bill for the month of February,2015 to November, 2015 along with Rs.50,000/- for mental agony, medical expenses and other charges incurred by the complainant.
The complainant’s case, in brief, is that the complaint Raju Sk is a consumer of the OP/station Manager, Raghunathganj CCC, WBSEDCL for his submersible pump. According to the complainant the meter was not in good condition for which he met Assistant Engineer , Raghunathganj CCC for rectification and it was made on 22.02.2014 but before rectification he used to pay average bills as determined by the OP. Thereafter, the OP used to send bill with exorbitant charges and the complainant paid Rs.18, 000/- twice. The OP did not pay any heed to the complaint raised by the complainant; rather the complaint found that the outstanding amount as Rs.90, 055/- for the period February 2015 to December, 2015. The complainant failed to make payment of said outstanding and the OP verbally threatening of disconnection of the line of the complainant. Then the complainant is bound to come to this Forum for proper redress.
On the other hand, the OP appeared in this case by filing written version, where he denied all the allegations raised by the complaint for sending of exorbitant bills to the complainant and deficiency in service on the part of the OP. The OP also submitted that the bill on 02.01.2016 amounting to sum of Rs.90, 109/- for the consumption for the month of February 2015 to January, 2016 which was increased as Rs.90,109.74/- for the month of February, 2016. The meter reading date is stored in the memory of meter. So, meter is not defective and the complainant is liable to pay the outstanding dues. So, there is no Deficiency in service on the part of the OP and for that the petition is liable to be dismissed.
The only point for consideration is whether there is any deficiency in service on the part of the OP or not and or whether complainant is entitled to get any relief or not.
Decision with reasons.
Both the parties submitted their documents in support of their side of the case.
Perused the records, we observed that the bill for the month of August, 2015 shows the consumed unit is 400 with outstanding amount of Rs.10, 285.41 for the month of February, 2015 to July, 2015 and just after two months suddenly the bill for the month of November, 2015 shows that the outstanding amount increased as Rs.89,946.57/- for the month of February, 2015 to October, 2015. Astonishingly, both previous and present meters reading of the bills for the month of November and December, 2015 and even previous reading of the bill for the month of February, 2015 are same as 24931 units and obviously the consumed units is ‘0’whereas the outstanding amount of the December, 2015 increased up to sum of Rs.90, 055/- , as well as Rs.90,109.74/- on February, 2016. All these bills with all these anomaly and mismatch data are the evidence of negligence and deficiency in service of the OPs.
Further, we observed that the complainant paid Rs.8000/- on 15.06.2015 for the month February, 2015 but the OP has been showing outstanding bill February, 2016 which is another example of negligence and or deficiency in service on the part of the OP.
On the other hand, the complainant has to realize that he should pay for the consumed electricity as well as the OP should consider the complainant’s payment to make easy by installment.
On the basis of the above discussions and materials on record, we are of the view that the complainant is entitled to get the outstanding amount be corrected and a fresh bill be prepared on the basis of total outstanding amount of Rs.90, 109.47 on 25028 consumed units for the period of February 2015 to February 2016 deducting the amount already paid of Rs.8000/- for the month of February, 2015 by the complainant on 15.06.2015 i.e Rs.(90,109.47 – 8000.00) = Rs. 82.109.47 as well as given benefit to pay the dues to 11 monthly installments on the total outstanding amount by the complainant.
Hence,
Ordered
that consumer Complaint No. 08/2016 be and the same is hereby allowed on contest in part without any order as to cost.
The complainant is directed to pay Rs.82, 109.47 /- in 11 monthly installments @Rs.8000/- for 10 monthly installments and Rs.2, 109.47 for the last installment.
The complainant is also directed to go on depositing the current bills as per rules.
In case of any default of monthly installments or current bill, the OP is at liberty to disconnect the service line of the complaint forthwith.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
