West Bengal

Paschim Midnapore

CC/81/2017

Sri Rajat Sen - Complainant(s)

Versus

The Station Manager, W.B.S.E.D.C.L. - Opp.Party(s)

22 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                  

Pulak Kumar Singha, Member. 

and 

Sagarika Sarkar, Member.

 

Complaint Case No.81/2017

 

            Sri Rajat Sen, S/o late Jatindra Nath Sen, At Boxibazar, P.O. Medinipur, P.S. Kotwali,

             District - Paschim Medinipur, PIN-721101. ………..……Complainant.

                                                                              Vs.

1. The Station Manager, Midnapore C.C.C., WBSEDCL., Power House, Burdge Town, P.O.-Midnapore, P.S.-Kotwali,  District- Paschim Medinipur
2. The Chairman, WBSEDCL, Bidyut Bhaban, Salt Lake, Kolkata-700091

     .....……….….Opp. Parties.                                                    

              For the Complainant: Mr.  Swapan Bhattacharya, Advocate.

              For the O.P.               : Mr. Swapan Kumar Bhattacharya, Advocate.

 

Decided on: -22/09/2017

                               

ORDER

              Pulak Kumar Singha, Member : 

                  Complainant’s case, in brief, is as follows:-

                  The complainant is a consumer of O.P. having meter no.T1650921 and consumer ID no.212071362.  complainant has paid last bill dated 14/11/2016 for the month of November 2016 to January 2017.  As per prayer of complainant said meter load was extended before issuing last bill by O.P. no.1.  On 10/02/2017, meter reader detected that meter in question was not in order and he mentioned it in the yellow card as display off.  O.P. no.1 change the defective meter on 03/03/2017 by providing a new meter being no.O84843777 having it’s reading unit 00000.  Complainant on 16/02/2017 received a bill dated 17/02/2017 amounting to Rs.19,869/- for total unit consumption of 2138 units.   

Contd…………………..P/2

                                                                 

                                                                  

                                                                                         ( 2 )

Complainant raised objection and requested the O.P. no.1 to rectify the bill but O.P. no.1 did not pay heed.  Finding no way complainant appeared before this Forum for getting relief as per prayer of complaint.

                  Both the opposite parties have contested this case by filling a written statement. Denying and disputing the case of the complainant stating inter alia that the case is not maintainable, O.P. submits that meter load was extended from 059KVA to 3.34 KVA on 21/09/2016 and energy bill of consumption period on 14/11/2016- 10/02/2017 was generated and calculated as per Sec.55 and Sub-sec. 3.6-1 WBERC from SAP software.  O.P. has no deficiency of service and he prays for dismissal of the case.

            

                                                                 Points for decision

1. Is the case maintainable in it’s present form and prayer?
2. Are there any deficiency in service on the part of the opposite parties?
3. Is the complainant entitled to get the reliefs, as sought for?    

                   

Decision with reasons

                                      All the points are taken together for brevity, convenience and consideration.

              Fact of the case is that complainant being a consumer of O.Ps paid last electric bill dated 14/11/2016 for the month November 2016 to January 2017 in respect of meter no.T1650921.  It is admitted by both parties that on 10/02/2017, meter reader found that meter is not in order, as such meter reader endorsed in the yellow card that display off.  O.P. changed the defective meter on 03/03/2017 by replacing a new meter being no.084843777 having reading units 00000.  But disputes arose from the bill dated 17/02/2017. 

                               Complainant in support of his case adduced evidence and tendered himself as

 PW-1 and also submitted some documents which are marked as exhibit (1 to 13) respectively. Complainant was cross-examined by O.Ps and he admitted that connected load was extended on 21/09/2016.  O.Ps have adduced no evidence on their behalf.  From the evidence and documents, it reveals that complainant paid bill dated 14/11/2016 which was also prepared within the extended load period.  In the yellow card i.e. (exhibit-1), it is mentioned display off on 10/02/2017 and new meter installed on 03/03/2017.  But in(exhibit-3) the bill dated 17/02/2017 mentioned previous reading unites 12691 and present reading unites 14829 and present reading date is mentioned on 10/02/2017, bill for the period February, March and April 2017.

Contd…………………..P/3

 

 

( 3 )

                          O.P. submits in it’s written statement that load capacity of electric consumption was

extended and in case defective meter units was calculated as per sec.55 sub-sec.3.6-1 WBERC From SAP software. 

                          It is common prudent that unit consumption depends upon the use of electric energy

not depends upon the load capacity. So we do not uphold the logic of O.Ps. Complainant submits he is ready to pay the actual consumption of units or on average basis of previous year on the same period of consumption.  O.P. submits one notification of West Bengal Electricity Regulatory Commission being no.55/WBERC, Kolkata, the 7^th August 2013 where it is specifically mentioned in point no.3.6.1 that in case of defective meter “the period during the meter has been defective or defunct, cannot be ascertain, such period shall be limited of three months immediately preceding the date of inception.”  But O.P. sending the bill dated 17/02/2017, bill for the month of February, March and April 2017 violates their own circulars published in the Kolkata Gazette dated 07/08/2013.

               In view of the above discussions, we think the complaint case is maintainable and O.P. have negligent and deficiency in rendering service as a service provider, for such act of O.P., complainant is entitled to get relief as prayed for.

                            In the result, the complaint case succeeds.

                                                           Hence, it is,

                                                                              Ordered,

                                                that the complaint case no.81/2017 be and the same is allowed on contest against O.Ps with cost.

O.Ps. are directed to raise fresh bill dated 17/02/2017, bill for the month February, March and April 2017 and till reading date of 03/03/2017 i.e. date of installation of new meter, on average basis for a period of three months immediately preceding the date of inspection of defective meter, subject to adjustment of amount paid 50% of bill dated 17/02/2017 as per order of this Forum, without imposing any fine or extra charge.  Complainant is directed to pay the fresh bill amount raised by O.P. as per order.

                        O.Ps are further directed to pay Rs.3000/- as compensation or harassment mental pain and sufferings. 

                      Failure to comply the order O.Ps shall be liable to pay Rs.2000/- p.a. as penal cost to be paid to the Legal Aid Fund of this Forum till full realization.   

                                     Let plain copy of this order be given to the parties free of cost.

                 Dictated & corrected by me

                       Sd/-P. K.Singha                                                        Sd/-S.Sarkar.

                             Member                                                               Member