DATE OF FILING                    :     30-05-2012.

DATE OF S/R                            :      19-07-2012.

DATE OF FINAL ORDER      :     26-12-2012.

Sri Niranjan Paul,

Son of late Mnick Chandra Paul,

Residing at village – Amrajoli, P.O. Kalyanpur,

P.S.Bagnan, District –Howrah,

PIN – 711303.-------------------------------------------------------------------  COMPLAINANT.

-          Versus   -

The Station Manager,

West Bengal State Electricity Distribution Co. Ltd.,

Bagnan – I Electricity Supply, Bagnan,

Howrah – 711303.-----------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant   U/S 12 of the  C.P.  Act, 1986,

as amended against the O.P.  alleging deficiency in service U/S 2( 1 )( g ),  2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for passing necessary direction  upon the O.P., WBSEDCL Authority for adjustment of the erratic energy bill sent to the applicant.

2.                  The brief facts of the complaint is that the complainant is a bonafide domestic

consumer being consumer no. D 170136 is consuming energy for his domestic purpose and the same is recorded through a meter being no.  L 0791782 and got defective since June, 2009 against reading registered 8486 as on 23-06-2009. Subsequently new meter installed on the dated 10-02-2011, 19-02-2012 ( challenge meter ) and finally replacing the old one by a new one on 29-04-2012 as per complain of the complainant. The complainant paid the energy bill including excess recording of energy consumption time to time to avoid disconnection of power supply and lastly paid the bill of  Rs. 1,495/- under  billing cycle July,2012 to September, 2012 vide Receipt no. 9732( O/RM   G/3461574 ) against  regenerated bill made by the o.p.  ( Billing date 04-09-2012).

3.                  The o.p. herein Station Manager,  WBSEDCL  Authority vide his written

version admitted the facts regarding recording energy consumption through defective meter and thereby attempts have been made for replacing the meter by a new one ( thrice ) on the dated 10-02-2011, 19-02-2012 and 29-04-2012 as per record ( herein yellow card ) and finally raised the correct consumption bill after regenerated bill through the computerized system on 04-09-2012 and that to the complainant paid the said bill on 05-09-2012 amounting to Rs. 1,495/-.

4.         Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.P.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.         Both the points are  taken up together for consideration. Admittedly the complainant raised / lodged complaint both verbally / written for excess raising of energy bill by the o.p. against recording energy consumption through faulty / defective meters and thereby o.p. or his representative admitted the facts and replaced the meters time to time in several occasions. The complainant under compelled circumstance paid the energy bill time to time to avoid disconnection of power supply. The o.p. ( herein Station Manager ), WBSEDCL Authority admitting the facts and replaced the defective meters on the dated 10-02-2011, 19-02-20122 ( challenge meter ) and finally replaced the defective one by a new one on 29-04-2012 as per complaint made by the complainant. The o.p. lastly raised the energy bill against recording energy consumption up to 29-06-2012 where the energy consumed during the period shown as 2164 taking into granted the initial reading after replacement the defective meter is 00000.  The o.p. admitted all the facts regarding defectiveness of the meters and thereby raised the energy bill dated 04-09-2012 ( billing date ) for the period July,2012 to September, 2012 by regeneration through computerized system where the adjustment unit  shown is 730  against total units charged during the malfunctioning period of the meter and the complainant agreed the same by paying the first payment on the dated 05-09-2012 amounting to Rs. 1,495/- in cash vide receipt no. 9732 ( O/R no. G/3461574 ).

6.         Considering the above we hold our considered opinion that the action of the o.p. is deficient in nature by not settling  the claim of the complainant in time resultant the complainant suffered a lot caused mental agony and harassment unnecessarily for the o.p. who finally  adjusted the unit consumption after elapsing a couple  of years through a computerized regeneration mechanism.

            In the result we are of the view that the complainant is entitled to be relieved to some extent for mental agony and harassment due to tackling the matter by the o.p.  in a negligent manner resultant the complainant is being harassed / suffered to a great extent.  

      Points under consideration are accordingly decided.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 49 of 2012 ( HDF  49 of 2012 )  be  allowed on contest with  a litigation cost of Rs. 2,000/-   against  the O.P.  

      The O.P. WBSEDCL  be directed to pay a sum of Rs. 5,000/- as compensation against harassment and mental agony of the complainant.

      The entire cost  i.e. Rs. 7,000/- will be paid within 30 days from the date of this order and in default Rs. 100/- per day is levied till realization of the payment.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.