Date of Filing: 23-06-2016 Date of Final Order: 12/05/2017
Sri Gurupada Mondal, President.
This is an application under Section 12 of CP Act, 1986 filed by one Paresh Nath Aich against Station Manager, Mathabhanga Customer Care Centre, WBSEDCL, Mathabhanga, Cooch Behar and the Divisional Manager, WBSEDCL, Mathabhanga, Cooch Behar praying for direction to the OPs to grant slab in order to pay the bill for the months of March, 2016 to May, 2016, Rs. 15,000/- for deficiency of service, Rs.15,000/- for mental pain, agony and harassment and Rs.5,000/- towards the cost of proceeding.
The case of the Complainant in short is that he is a consumer of service installation No.9870812, Consumer ID No.424024357 and Business Partner No.10557177 and he has been paying electric bills regularly since the date of installation. The Complainant received one bill from the OPs for the months of September, October and November, 2015 with consumed Unit 44.31 amounting to Rs.2,049/- and thereafter, he paid the said bill to the OPs. The Complainant received another bill for the months of December, 2015, January, 2016 and February, 2016 with consumed Unit 476 amounting to Rs.4,924/- and he paid the said electric bill in due time.
Further case of the Complainant is that the OPs sent another bill for the months of March, 2016, April, 2016 and May, 2016 with consumed Unit 12005 amounting to Rs.1,12,546/- which was illegal and misled the Complainant. According to the Complainant, it was inflated bill. It is also alleged that the OPs did not take Meter-reading from the said connection and the Meter-Reader visited 3 times to the house of the Complainant to take Meter-reading since installation of the electric-meter. The OPs issued an inflated bill according to their sweet will.
Further case of the Complainant is that he went to the Office of the OP No.1 on several occasions and narrated about the said Meter and prayed for installment after giving the slab benefit. The OP No.1 advised him to deposit Rs.36,688/- initially and consoled him not to worry about this matter. The OP No.1 further asked to deposit Rs.36,688/-, otherwise threatened to disconnect the service line if payment was not made. It is also alleged that the Complainant deposited Rs.36,690/- at the Office of the OP No.1 vide Receipt No.145554 dated 30.03.16 and thereafter, the Complainant received an installment bill from the OP No.1 directing him to pay Rs.73,271/- for the months of March to May, 2016. The Complainant deposited 2 installments amounting to Rs.18,371/- on 18.04.16 and Rs. 18,300/- on 16.05.16. The Complainant did not receive any effective result from the OP No.1 and the Complainant was debarred from availing slab benefit for the negligent act of the OPs causing mental pain, agony and unnecessary harassment to the Complainant, for which the Complainant has filed the instant case against the OPs for proper redressal.
Summon upon the OP No.2 was duly served but the OP No.2 did not turn up to contest this case. Accordingly, the case was heard ex-parte against the OP No.2.
The OP No.1, in order to contest this case, filed w/v denying all material allegations contending inter-alia that the instant complaint is not maintainable. The Complainant has no cause of action to file the instant case.
Specific case of the OP No.1 is that the bill for the months of December, 2015, January, 2016 and February, 2016 was of 476 units as per physical consumption of the meter. The previous meter-reading was recorded as 6890 Units and present meter-reading was 7366 Units and the total bill was of Rs.4,924/- out of which Rs.2,056.23 was outstanding for the previous bill. It is also alleged that the OP No.1 found previous meter-reading as 7366 Unit and present meter-reading as 19371 Units. Accordingly, the Complainant consumed 12005 Units and as such, Rs.1,12,546/- was claimed from the Complainant, out of which Rs.5,001.54/- was outstanding from previous bills.
It is also the case of the OP No.1 that electric meter is the property of WBSEDCL and it was installed in the premises of the Consumer. After periodical intervals, the OP No.1 used to take meter-reading and on the basis of the said meter-reading, the bill was prepared for the respective consumer. As such, it was not possible for the OP No.1 to explain how the consumer consumed the above Units.
Further case of the OP No.1 is that after receiving the bill by the Complainant, the Complainant made payment of Rs.36,590/- in the Office of the OP No.1 on 31.03.16 out of Rs.1,12,546/- and thereafter, he prayed for installment to pay the balance amount and the OP No.1 granted 4 installments to pay the balance amount. It is also alleged by the OP No.1 that out of 4th installments, the Complainant paid Rs.18,371/- on 18.04.16 and Rs.18,300/- on 16.05.16 as 2nd installment. But, the Complainant failed to pay 3rd and 4th installments on due date and as such, the OP disconnected the service line of the Complainant in accordance with the Electricity Act.
It is further alleged that the OP No.1 had no negligence and deficiency of service on their part and as such, the Complainant is not entitled to get any relief/compensation from the OPs/WBSEDCL.
On the basis of the aforesaid fact, the OP No.1 has prayed for dismissal of the case with cost. In the light of the above contention and written version, the following points come up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the O.Ps any deficiency in service as alleged by the Complainant and are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and perused the documents along with evidence on affidavit of the parties. Heard the argument at a length as advance by the Ld. Adv. for the Complainant and the O.P. No.1.
Point No.1.
The Complainant has an electric connection in his premises being installation No.9870812 & Consumer ID No.424024357 and he used to consume electricity through said installation number supplied by the OPs. The Complainant used to pay electric charges against the said electric connection. Therefore, the relation in between the Complainant and the OPs is consumer and supplier. Therefore, Complainant is the consumer as per Section 2(1)(d) of C.P. Act, 1986.
Point No.2.
The pecuniary jurisdiction of this Forum is Rs.20 lakhs but the claim of the Complainant is much less than the pecuniary jurisdiction of this Forum. Therefore, it can easily be said that this Forum has pecuniary jurisdiction to try this case.
The Complainant is the resident in the district of Cooch Behar and Offices of the OPs are situated in the district of Cooch Behar. Therefore, this Forum has territorial jurisdiction. This point is, therefore, decided in favour of the Complainant.
Point No.3 & 4.
Both the points are taken up together for convenience of discussions as well as points are related with each other.
It is established that the Complainant is a consumer and the OP sent a bill of consumed Unit of 12,005 amounting to Rs.1,12,546/- dated 10.03.16 for the months of March, April and May, 2016. According to the Complainant, the said bill is illegal and inflated one. It is also alleged that the OP No.1 did not take proper meter-reading and they used to issue inflated bill according to their sweet will. It is also alleged in the complaint petition that the Complainant prayed for installments before the OP No.1 to get the slab benefit and the OP No.1 asked him to deposit Rs.36,690/-. The Complainant deposited Rs.36,690/- in favour of OP No.1 vide Receipt No.145554 dated 30.03.16 and thereafter, the Complainant prayed for installment to pay the rest amount. The OP No.1 granted 4 installments to pay the rest amount. The Complainant, in view of the installments made by the OP No.1, deposited Rs.18,371/- on 18.04.16 and Rs.18,300/- on 16.05.16 but the Complainant did not pay the rest installments of Rs.18,300/- dated 27.06.16 and Rs.18,300/- dated 26.07.16.
It is not alleged by the Complainant that the service connection Metre of the Complainant supplied by the OP is defective. The Complainant, after admitting the electricity consumption, has deposited Rs.36,690/- on 30.03.16 vide Receipt No.145554. As per prayer of the Complainant, the OP No.1 granted 4 installments to pay the electric bill and the Complainant, in compliance with the said installment order, paid Rs.18,371/- on 18.04.16 and Rs.18,300/- on 16.05.16. Therefore, the Complainant has admitted the consumed unit of 12,005 amounting to Rs.1,12,546/- and thereafter, he paid Rs.36,690/-, Rs.18,371/- and Rs.18,300/- on different dates. The Complainant has prayed for direction for installment to pay the bill amounting to Rs.1,12,546/- and to tally the metre-reading and at the same time, the Complainant has prayed for further relief like deficiency of service, compensation for mental pain, agony and harassment and litigation cost. As per averment of claim application, the Complainant has prayed for installments to pay the huge amount of electric bill and as per prayer of the Complainant, the OP No.1 granted installments and the Complainant paid 3 installments to the OP No.1. Therefore, we hold that the Complainant had no cause of action to file the instant case and as such, the Complainant is not entitled to get any award as prayed for. Both the points are decided against the Complainant.
Hence,
Ordered,
That the present Case No. CC/67/2016 be and the same is dismissed on contest against the O.P. No.1 and Ex-parte against the O.P. No.2. There is no order as to costs.
Let plain copy of this Final Order be made available and be supplied free of cost to the concerned party/Ld. Advocate by hand/Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
