West Bengal

Dakshin Dinajpur

CC/30/2018

Mr. Saharal Iqbal Hossen alias Saharab Iqbal Hossen, S/O- Masaleuddin alias Moslehuddin Mondal - Complainant(s)

Versus

The Station Manager, WB State Electricity Distribution Co. Ltd., Kumarganj Customer Care Centre - Opp.Party(s)

Santanu Dey

26 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Dakshin Dinajpur, Balurghat, West Bengal
Old Sub jail Market Complex, 2nd Floor, P.O. Balurghat, Dist. Dakshin Dinajpur Pin-733101
 
Complaint Case No. CC/30/2018
( Date of Filing : 19 Mar 2018 )
 
1. Mr. Saharal Iqbal Hossen alias Saharab Iqbal Hossen, S/O- Masaleuddin alias Moslehuddin Mondal
Vill.- Radha Nagar, P.O.- Gobindapur, P.S.- Kumarganj, Pin- 733133
Dakshin Dinajpur
West Bengal
...........Complainant(s)
Versus
1. The Station Manager, WB State Electricity Distribution Co. Ltd., Kumarganj Customer Care Centre
Vill.- Mohipur(Barahar), P.O.- Mohipur, P.S.- Kumarganj, Pin- 733141
Dakshin Dinajpur
West Bengal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shyamalendu Ghosal PRESIDENT
 HON'BLE MS. Swapna saha Lady Member
 HON'BLE MR. Subhas Chandra Chakraborty MEMBER
 
For the Complainant:Santanu Dey, Advocate
For the Opp. Party:
Dated : 26 Jun 2018
Final Order / Judgement

An exorbitant bill dt. 24.06.2016 and the bearing of the bill on the next bills have obliged the complainant to lodge this complaint for redressal u/s 12 of the CP Act 1986.

            The fact of the complaint is that the complainant has a STW connection with the OP having consumer ID No. 400420885.  A bill dated 24.06.2016 for the consumption period 25.02.2016 to 23.03.2016 showed the consumption units 22256 and for which Rs.99034/- and an outstanding amount of Rs.3398.54/- has been claimed by the OP. Though the complainant had gone to the OP office for rectification of the bill but no positive action has been taken by the OP office. Next bills bear the outstanding amount of the bill dt. 24.06.2018. As the complainant is a peasant he apprehended disconnection so he paid Rs.1,68,705/- in different installments to the OP. In spite of the whole amount being paid further bill claims Rs. 37655.94/-.Though in the mean time the old meter No.SFO 29262 has been changed by a new meter bearing No. LF511608 as the meter was burnt. The complainant prayed for quashing all outstanding bill regarding the old meter as it remained burnt for a long time and during the period the OP office has sent him imaginary bills, for which he has to try in apprehension of disconnection of electricity which might hamper his provision of cultivation. The complainant also prayed for a compensation of Rs.40,000/- and the litigation cost 10,000/- as redressal.

            The OP in his written version has stated detailed history of billing from 01.07.2014 to 09.04.2018 and denied all the averments of the complainant. He has claimed that the bill has been prepared on physical meter reading and due to over loading on the line made by the complainant meter was burnt. It is not the fault of the OP office. So on payment of meter cost a new meter has been provided as per rule. The complainant is a habitual defaulter for payment of energy bills. The case should be dismissed.

            On argument the Ld. Lawyer for the complainant with documents tried to prove the deficiency in service on the part of the OP in preparing bill on the disputed meter. He stated more to this Forum that the complainant has never been advised by the OP office for redressal of billing dispute where to go within the grievance redressal mechanism of the OP office and the case has been filed about 3 months earlier.

            On argument the Ld. Lawyer for the OP questioned the maintainability of the case and also stated there is no deficiency on the part of the OP in preparing bill.

            From the above discussion it is revealed that except the LPSC charges regarding billing of the old meter nothing more remain outstanding. It is also true that though the meter remained burnt but the complainant has enjoyed electricity connection properly without disturbance. We are not in a position technically whether the meter reading was proper or not but it is also felt that for a certain period unit consumption has the unusual variation. The OP office should follow the regulation in this regard as stated in notification No. 55WB ERC dt.07.08.2013 in the interest of the consumer. But the OP has mechanically prepared the bill. It is also true that the OP office did not guide his consumer properly about where and how to lodge complaint regarding billing disputes under their grievance redressal mechanism.

 

 Hence, it is

                                                O R D E R E D

The OP is directed to quash the previous outstanding bill regarding LPSC and current bills should be prepared properly so that no grievance may flare up for his consumer. A fresh bill quashing the LPSC to be prepared within 30 days from the date of this order and the billing amount is to be paid by the complainant in 3 equal installments within September 30, 2018.

The case be and the same succeeds on contest.

No cost is allowed.                                  

            Let a plain copy of this order be furnished to the parties forthwith free of cost.

 
 
[HON'BLE MR. JUSTICE Shyamalendu Ghosal]
PRESIDENT
 
[HON'BLE MS. Swapna saha]
Lady Member
 
[HON'BLE MR. Subhas Chandra Chakraborty]
MEMBER

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