JUDGMENT
The instant case was started on the basis of a petition of complaint filed by one Mr. Jayanta SarkarS/O. Jiten SarkarR/O. Village- Mohammadpur, P.O. Dharmadanga, P.S. Gazole, DistrictMaldau/s. 12 of the Consumer Protection Act, 1986 and the same petition was registered as Consumer Case No. 21/2019.
The fact of the case that the complainant is an unemployed educated person and so he started to run a mill of paddy and wheat grinding for earning his livelihood. So he got connection from O.P. No.1 in the year 2009 bearing Consumer I.D. No. 342271279, Meter No. ST700871. From the very beginning the O.P. No.1 was very irregular in sending the electric bill and also did not maintain the Yellow Card in respect of the request of the complainant.
The further case of the complainant is that from the inception the meter started malfunctioning. The complainant repeatedly informed the O.P. No1 to look after the matter and send correct electric bill but the O.P. No.1 did not pay heed to his request and lastly they sent a ghostly bill of Rs. 2,97,773(Rupees Two Lakh Ninety Seven Thousand Seven Hundred Seventy Three Only). The complainant somehow managed to pay the Rs. 70,000/- (Rupees Seventy Thousand Only) on 03/03/2016 and Rs. 60,000/- (Rupees Sixty Thousand Only) on 18/07/2016. But due to nonpayment of the rest amount the O.P. No.1 disconnected the service connection and took away the meter on 29/09/2016. It is also an astonishing fact that the O.P. No.1 took away the meter on 29/09/2016 but they sent again the bill dt.11/01/2017 amounting to Rs.3,00,528/- (Rupees Three Lakh Five Hundred Twenty Eight Only) where it was mentioned that the previous reading dt.02/12/2016 and current reading dt. 02/01/2017 though the complainant requested the O.P.No.1 to give him clearance certificate and also wrote an application dt. 10/03/2016 for rectification of the electric bill.
Finding no other alternatives the complainant came to this Forum and filed a case claiming for returning back the money compensation of Rs.1,48,094/-(Rupees One Lakh Forty Eight Thousand Ninety Four Only) which he paid for service connection charge, security deposit and P.R. Box charge and Rs. 50,000/-(Rupees Fifty Thousand Only) for mental agony and harassment and also to cancel the bill dt 11/01/2017.
The petition is contested by the O.Ps by filing written version denying all the material allegations as leveled against the department contending inter alia that the instant case is not maintainable in its present form. The complaint is barred by the principle of waiver, estoppels and acquiescence. The statements made in the petition are all false and fabricated and the case is also barred by limitation.
The further defense case is that the complainant is an habitual defaulter in payment of electric bill. So the bill amount was very high and the meter was also in proper condition from the very beginning. The Bill was completely computer generated and in respect of the request of the complainant they could not rectify or cancel the bill. So dismissal of the case has been prayed for. During trial the complainant was himself filed Evidence-in-Chief. He was not cross-examined by the O.P. No other witness was examined on behalf of the complainant. On the other hand the O.P. has filed questionnaires. No other witness is examined on the side of the O.P.
Now the point for consideration:- Whether the complainant is entitled to get any relief as prayed for?
::DECISION WITH REASONS::
The complainant in his petition of complaint and evidence-in-chief submitted that he installed a meter from O.P. No.1. but the O.P. No. 1 was very irregular in submitting the electric bill. The meter also started problem from the very beginning. The O.P. No.1 did not submit the bill and also suddenly sent a ghostly bill amounting to Rs. Rs. 2,97,773(Rupees Two Lakh Ninety Seven Thousand Seven Hundred Seventy Three Only). The O.P. No.1 did not also give yellow card. The complainant requested O.P. No.1 several times to change the meter and also to correct the bill. But on the contrary the O.P. No.1 did not pay heed to his request and they disconnected the service connection and took away the meter on 29.09.2016. Though the complainant has already paid Rs.1,27,094.00 (Rupees One Lakh Twenty Seven Thousand Ninety Four Only) for service connection charges, Rs. 18,000/-(Rupees Eighteen Thousand Only) for security deposit and Rs. 3,000/- (Rupees Three Thousand Only) for P.R. Box charges.The complainant also requested them for giving clearance certificate but the O.P. sent another bill amounting to Rs. 3,00,528/-(Rupees Three Lakh Five Hundred Twenty Eight Only) showing previous reading dt. 02/12/2016 and current reading dt. 02/01/2017 which are out and out false as they already disconnected the connection and took away the meter on 29/09/2016.
On the other hand the Ld. Lawyer of the O.P. argued that the complainant was very irregular in making payment of the electric Bill. The energy bills were raised for consumption period 11/07/2014 to 02/02/2016 by invoice No. 639000012832 amounting to Rs. 3,60,717/- including outstanding dues of Rs. 55,460.93. Out of which Rs. 70,000/- on 03/03/2016 and Rs. 60,000/- on 17/07/2016 was only paid by the petitioner. They then prepared the next bill of Rs. 3,47,562/- including the outstanding amount of Rs. 3,45,442.35 and as per prayer of the petitioner they allowed the petitioner to pay the bill by six installments but the petitioner did not pay the installment in time as such they disconnected the line of service connection rightly.
The O.P. also defended the case by mentioning that the energy meter No. ST700871 is still in the custody of the complainant and during periodical inspection on 20/11/2018 they found that the complainant unauthorisely reconnected the service connection of the said meter and also consuming heavy electricity by dint of running welding shop and submersible pump for agricultural purpose instead of husking mill and the petitioner has no paddy and wheat grinding mill at all. As a result of which the O.P. seized the meter and started P.S. Case No. 629/2018 dt. 20/11/2018 against the complainant
After going through all circumstantial documents and evidences the Forum is of the view that the petitioner got the electric connection from O.P. No. 1 by expensing Rs. 1.48,094/- (Rupees One Lakh Forty Eight Thousand Ninety Four Only). It is found that from the very beginning the O.P. did not give the yellow card and also electric bill in due time and the meter which they gave was also defective and at last they sent a ghostly bill and for not paying the bill they also disconnected the line of the petitioner and took away the meter from the premises of the O.P. although the O.P. mentioned that the energy meter was in the custody of the complainant and the complainant utilized the electricity by running welding shop and submersible pump for agricultural purpose. So the last bill comes of Rs. 3,47,562/- (Rupees Three Lakhs Forty Seven Thousand Five Hundred Sixty Two Only) including outstanding amount of Rs. 3,45,442.35 (Rupees Three Lakhs Forty Five Thousand Four Hundred Forty Two and Thirty Five Paise Only) and also they started police case against the petitioner under Gazole P.S. Be that as it may the complainant already gave Rs.1.48,094/- (Rupees One Lakh Forty Eight Thousand Ninety Four Only) as security deposits. So it is clear that O.P. must refund the above amount as they took out the meter from the premises of the complainant for non-payment of the bill.
So on considering the facts and circumstances it is found that the deficiency lies on the part of the O.P. and the complainant is able to prove the case.
C.F. paid is correct.
Hence, ordered that
the case be and the same is allowed on contest with cost against the O.Ps.
The complainant gets refund of Rs.1,48,094 (Rupees One Lakh Forty Eight Thousand Ninety Four Only) as security deposit after deducting the outstanding dues, if any and Rs. 20,000/- (Rupees Twenty Thousand Only) as compensation for mental pain and agony and Rs. 5,000/- (Rupees Five Thousand Only) as litigation cost totaling Rs. 1,73,094/- (Rupees One Lakh Seventy Three Thousand Ninety Four Only).
The O.Ps are directed to give the amount within 30 days from the date of this order to the complainant failing which the amount will carry interest @ 5% till the date of filing of this case i.e. 09/04/2019 and the complainant will be at liberty to put the decree in execution.
Let a copy of this judgment be given to the Complainant/O.P. free of cost on proper application.
