Date of Filing: 21-08-2015 Date of Final Order: 05-06-2017
Sri Debangshu Bhattacharjee, Member.
The factual matrix of the present complaint is that in the month of October, 2011 the O.P installed one electric meter bearing No. RH337257, Consumer ID No.400975908, Business Part No.9139274 in the house of the Complainant. Thereafter the O.P. No.1 has taken meter reading in every month but they did not issue electric bill in favour of the Complainant, for which he filed a written complaint before the O.P. No.1 on 06/11/2012 to get electric bill. But the concern authority did not pay any heed. In the month of November, 2014, the Complainant received 1st electric bill amount of Rs.27,719/- from the O.P. No.1. After getting the said bill, the Complainant went to the office of the O.P. No.1 on 03/12/2014 and lodged a written complaint and prayed for installment payment after getting of slab benefits. After receiving the same, the O.P. No.1 informed the Complainant that not to be worried about the matter and they would issue a fresh bill on the basis of slab benefits. On 16/05/2015 the Complainant received the 2nd bill amount of Rs.28,576/- from the O.P. No.1, which was not rectified by the O.P on the basis of actual slab benefits. Thereafter, the Complainant filed a written complaint before the O.P. No.2 which was received on 01/06/2015. The O.P. No.2 sent a letter to the Complainant to visit at their billing section in Khagrabari i.e. the O.P. No.1 to solve the problem. Accordingly, the Complainant went to the O.P. No.1 and he was informed that to deposit outstanding amount of Rs.28,576/- otherwise disconnected the electric line for non-payment in time. By not getting other way, the Complainant lodged a written complaint before the office of the Assistant Director, Consumer Affairs & Fair Business Practices, Cooch Behar for the purpose of redressing the above disputes and the said office sent a letter to the O.P. No.2 for resolving such disputes through the process of mediation on 29/06/2015. But all efforts were in vain.
Due to such negligent act on the part of the O.Ps, as aforesaid, the Complainant has been suffering from mental pain & agony and unnecessary harassment. There was also deficiency in service adopted by the O.Ps and finding no other alternative, the Complainant filed the present case praying for issuing a direction upon the O.Ps (i) for installment payment after getting slab benefits which has been outstanding since October, 2011 or issue fresh bill from the beginning after tally of meter reading, (ii) not to disconnect the electric line for non-payment in time and also to pay (i) Rs.25,000/- for deficiency in service, (iii) Rs.25,000/- as compensation for mental pain & agony and unnecessary harassment and (iv) Rs.10,000/- towards litigation cost, besides other relief(s) as the Forum deem fit and proper, as per law & equity.
The O.P. No.1, The Station Manager, Khagrabari Group Electric Supply, W.B.S.E.D.C.L., Cooch Behar has contested the case by filing W/V denying all material allegation of the complaint contending inter-alia that the case is not maintainable and the Complainant has no cause of action to bring the case. The main contention of the O.P. No.1 is that the electric connection in the house of the Complainant was provided by Rural Electrification Wings (R.E. Wings), who are engaged in village electrification. Actually R.E. Wings are engaged in village electrification of the whole district. After completion of providing electric connection of the whole area to the B.P.L consumers, the R.E. Wings issued Master Card (completion letter) to the respective Station Manager i.e. the O.P. No.1. But after installation of meter and providing the service line, the R.E. Wings primarily informed the Station Manager. Thereafter, it is the duty of the Station Manager to collect the meter reading after regular interval of 60 days to 120 days. But in that period the electric bill could not be provided to the consumer due to want of Master Card/Completion Letter. After receiving the Master Card from the R.E. Wings, the office of the O.P. No.1started to prepare the electric bill of the consumers. Untill and unless the O.P. No.1 received the Master Card from R.E. Wings, they could not prepare the electric bill for which this O.P. No.1 could not be held liable.
The O.P. No.1 further contended that after getting the Master Card from R.E. Wings, the O.P. No.1 prepared and send the electric bill to the consumer claiming total units from the date of installation of meter amounting to Rs.28,003/- which was raised as per consumption of the meter. So, there was no illegality of the said bill. But as the total outstanding units were charged at a time, the consumer could not get slab benefit. The O.P. No.1 stated in their W/V that on 03/12/2014 the Complainant filed a written complaint to the office of the O.P. No.1 for installment payment of the said bill. But the Complainant did not challenged the said bill or unit charged by this O.P.
It is the case of the O.P. No.1 that as per norms another bill dated 16/05/2015 was raised for 341 units claiming Rs.30,274/- and sent to the consumer in which Rs.28,576/- was also claimed as outstanding. After receiving the bill, the Complainant filed a written complaint before this O.P dated 01/06/2015 prayed for installment payment of the said bill. Thereafter, this O.P sent a letter dated 06/07/2015 to the Complainant asking him to visit the billing section of this O.P to resolve this problem. The O.P. No.1 further submits that when the Complainant came to this O.P he was requested to wait for some time as his matter of preparation of the said impugned bill with slab benefit was sent to the higher authority for consideration. But till now the Complainant is enjoying electricity without paying any bill. The said bills issued by the O.P. No.1 was as per physical meter reading but only slab benefit was not provided to the Complainant. But the same will be regenerated with slab benefit as early as possible.
It is the further case of the O.P. No.1 that the Complainant filed a complaint before the Assistant Director, C.A & F.B.P, Cooch Behar and the same was send by the authority to this O.P on 29/06/2015. The O.P. No.1 sent a reply to the Assistant Director stating that the said bill had been sent to the higher authority for regeneration with tariff benefit and after regeneration W.B.S.E.D.C.L would offer scope of payment of bill by installment if the consumer could not pay the bills at a time.
It is pertinent to mention here that there was no cause of action to file the present case against this O.Ps as well as the W.B.S.E.D.C.L. Authority. Because as per W.B.E.R.C guideline there is a Grievance Redressal Officer or the Central Grievance Redressal Officer of the licensee (W.B.S.E.D.C.L) and in case there is any dispute in respect of the billed amount, the consumer may lodge a complaint before the above authorities as mentioned in clause 3.5.1 of the Notification. Therefore, there was no negligence and deficiency in service on the part of this O.P. No.1 for which in the aforesaid facts and circumstances the Complainant is not entitled to get any relief/relieves nor any compensation from this O.P. No.1.
Ultimately, the O.P. No.1 prayed for dismissal of the case with cost.
It appears that in spite of due service of Notice upon the O.P. No.2, Divisional Manager, W.B.S.E.D.C.L., Cooch Behar did not turn up before the Forum and accordingly the case proceeded in Ex-parte against the O.P. No.2.
In the light of the contention of both parties, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Is the Complainant is 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 Opposite Parties any deficiency in service by repudiating the claim of 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, perused the entire documents in the record also heard the argument at a length advanced by both the parties.
Undisputedly, the Complainant is a valuable customer as well as a consumer of the Opposite Parties. It is also not in dispute that the O.P Company installed an electric meter in the residence of the Complainant.
The point of the dispute is that the O.P issued a bill in the name of the complainant after three years of giving electric connection, which in view of the Complainant is huge, and he is unable to give the total amount at a time, thus the said bill is disputed one.
Point No.1.
From the discussion on this point in terms of the provision of section 2(1)(d)(ii) of the Consumer Protection Act, 1986 the Complainant being a customer of the W.B.S.E.D.C.L. in respect of consumption of electricity is undoubtedly a consumer and as such his complaint against the O.Ps raising some allegation/dispute against the service providing by the O.P in the complaint as to the proper service/deficiency in service is invariably a complaint and as such the petition is a “Complaint” & the Complainant is a “Consumer” of the O.Ps.
Point No.2.
The Office & Place of Business of the O.Ps is within the district Coochbehar i.e. within the territorial jurisdiction of this Forum. The value of the case is within the limit of Rs.20,000,00/-. So, this Forum has territorial as well as pecuniary jurisdiction to entertain and try the instant case.
Point No.3 & 4.
Undisputedly the Complainant had an Electric connection being Meter No. RH337257, Consumer ID No.400975908, Business Part No.9139274 in the house of the Complainant..
The complainant is a domestic customer of WBSEDCL ( both OPs) .The family of the complainant is living in Below poverty line (BPL). The BPL family of the complainant received the electric connection from WBSEDCL under government rural electrification scheme. So, it can be easily assumed that the financial condition of the complainant is not sound.
The OP fix the electric connection to the complainants house through their Rural Electrification Wings (R.E. Wings) in October 2011. It is the duty of the OPs to collect the information from them. The consumer is not responsible any where if any delay is happen for taking “Electric connection fixation report” by WBSEDCL from Rural Electrification Wings (R.E. Wings). The OP has taken three years and more time for taking such report from Rural Electrification Wings (R.E. Wings). It is a mere sign of negligence on the part of OP. The consumer should not be suffer for this or he should not be forced to pay the total bill of whole electric consumption unit during this period at a time. The consumer is the first generation user of electrical connection in their house and he is practically a layman in this practice.
The complainant on several occasion wrote to the OPs (annex-A/1, B,C/1) for giving the proper electric bill to him according to his electric meter reading. But the OPs did not turn up for this purpose for a long time. After few years of fixation of of electric connection, the OPs send the first electric bill to the complainant (on November 2014 (Annex-C) and demanded to pay all the bill for previous consumption unit at a time. By knowing the financial status of the complainant (Government declared BPL Family), such activity of the OPs creates mental pain and agony for the complainant. In all his document the complainant declare that he is willing to pay the due amount to the OPs if the OPs provide an opportunity for installment payment.
In their W.V, Evidence on Affidavit and also in Written argument the OP No- I stated that they are ready to give opportunity to the complainant for paying the previous due amount through installment basis with giving slab benefit. After filing a case by the complainant in this forum the upper mentioned statement of OP NO-I proves that there must be some deficiency in service on the part of the OPs .
In their W.V, Evidence on Affidavit and also in Written argument the OP No- I stated that there is a grievance redressal mechanism is in existence under WBSEDCL. But, there is no evidence is produced by the OP-I, which proves the truth. In this case the OP never try to redress the grievances of the complainant before he filed a case in this forum.
Thus, the O.Ps failed to substantiate their pleas by adducing any cogent documents.
Further, every person have their own budget to maintain his/her family according his/her earning where the essential expenditure like gas, electricity, medicine, tuition fees etc. always take preference and those expenditure are more or less the same in every month and any of the expenditure suddenly increased that put them in tremendous hardship. In the present case O.P issued electric bill to the complainant at a time .The billing rate automatically becomes high that caused severe pecuniary problem to the Complainant. The authority of the O.Ps shall have to take proper step in this regard. That being the position, we are constrained to hold that this act and conduct of the O.Ps are very much negligent in manner and thus deficiency in service of the O.Ps cannot be ruled out.
Be that as it may, considering the facts and circumstances of the case we allow the Complaint but in part.
ORDER
Hence, it is ordered,
That the CF Case No.79/2014 is allowed on contest against the Opposite Party-I and exparte against O.P. No-2 with cost of Rs. 1,000/- but in part.
The Complainant do get an award of Rs. 1,000/- as compensation for mental pain and agony.
Both the OPs are directed to send fresh electric bill which had been outstanding since October 2011 to the complainant for his previous consumption by giving slab benefit according to electrical rule. The OPs are further directed to collect the due amount from the complainant by installment basis. Such installments will not exceed the amount of Rupees 350/- (Three hundred fifty only) per month.
The ordered amount shall pay to the Complainant by the Opposite Parties within 30 days failure of which the Opposite Parties jointly and/or severally shall pay Rs.50/- for each day’s delay and the amount to be accumulated shall be deposited in the “District Consumer Legal Aid Account”, Cooch Behar.
Let plain copy of this Final Order be supplied, free of cost, to the concerned parties/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
Dictated and corrected by me.
