IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC /98/2016.
Date of Filing: 22.06.2016. Date of Final Order: 30.06.2017.
Complainant: Abdus Salam, S/O Osumuddin Sk. Vill. Sitarampur, P.O. Dogachi, P.S. Samserganj,
Dist. Murshidabad. Pin 742202.
-Vs-
Opposite Party: Station Manager, Dhulian CCC, WBSEDCL,
Vill.& P.O. Dhulian, P.S. Samserganj, Dist. Murshidabad. Pin 742202.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Chandrima Chakraborty ……………………..Member.
FINAL ORDER
Sri Anupam Bhattacharyya Presiding Member.
The instant complaint has been filed by the complainant U/s 12 of C. P. Act, 1986 praying for cancellation of the bill dt. 13.3.15 and for direction upon the OP not to disconnect the electric connection.
The complainant’s case, in brief, is that the complainant obtained electric connection for carrying his business for his livelihood and the same was went out of order and the OP began to raise supplementary bills on average basis and the complainant paid all those bills, though inflated, to avoid disconnection. The OP took reading of 5,205 units recorded in the old meter, when challenged; the OP installed a master meter on 21.1014 as to the correctness of the reading. From the same, it is found that 2.9 units were consumed during the period of 5 days. Yet the OP claimed energy charges for 5210 units. The claim of the OP is fictitious, baseless and not as per reading of the meter. The complainant many a times requested the OP for rectification of the impugned bill dt. 13.3.15 for Rs. 49,096/- but the OP refused to do so rather, the OP threatened the complainant with disconnection of electric line which amounts to deficiency in service on the part of the OP. Hence, the instant complaint.
The written version filed by the OP, in brief, is that the complainant represented by an application that the meter is defective on the ground of high consumption. Thereafter, a Challenge Meter was installed on 21.10.14 and was found that the consumption of the old meter and the challenged meter as same. So, it is proved that the meter of the complainant is not defective one. The bill sent to the complainant for 5210 units amounting to Rs.49, 096/- is as per actual and correct meter reading. The complainant is reluctant to repay his dues. Accordingly, the electric line of the complainant was disconnected on 22.02,2015 .There is no deficiency in service on the part of the Opposite Party. The case is liable to be rejected. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for the disposal of the case.
Points for Consideration.
- Whether the complaint is maintainable in its present form and law?
- Whether the complainant has any cause of action to file the present case?
- Whether the case is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief /reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The complainant’s case is that the meter was defective and by challenge meter for 5 days consumption was found as 2.9 units but the OP claimed the earlier 5210 units and ultimately refused to correct the bill.
On the other hand the OP’s main case is that after installation of challenge meter against the prayer of the complainant, it was found that the meter was not defective and for that there is no deficiency in service and the complaint is not entitled to get any relief and the complaint is liable to be rejected.
To prove the case the complainant has adduced evidence on affidavit and the relevant documents including the Yellow Card in support of his case.
Admittedly, a challenged meter was installed.
The dispute is whether the meter was defective or not.
In this regard the complainant’s case is that the Challenge Meter was installed on 21.10.14 and for 5 days the consumption unit has been shown as 2.9 units. In spite of that report, the OP claimed the entire units of 5210 amounting to Rs.49, 096/-.
On the other hand the OP, WBSEDCL has challenged the same and their case is that Challenge Meter was installed and the existing meter was not defective and as such the complainant is to pay the entire amount of Rs.49,096/- for 5210 units .
To decide this dispute we have gone through the only document that is the Xerox copy of Yellow Card wherefrom it appears the reading as on 21.10.14 in old meter was 5202.8 – 5205and the master meter shows 00000-2.9. Against those two entries there are no initials of any dignitaries’.
Further we find from the Yellow Card on other occasions as such as 11.09.14 and 12.12.14 there are readings of 1610 units and 5218 units respectively having initials of the same person.
Regarding the defective meter there is no indication or remarks rather there are remarks as to correctness of the meter. Even if that be so, that does not mean that the meter was defective. This is nothing but the reading for 5 days according to consumption; earlier reading as well as claim of the OP WBSEDCL for 5210 units cannot be treated as defective.
Considering the materials on record, we have no other alternative but to conclude that the complainant has failed to prove that the meter was defective, as such he is to pay the entire dues.
Considering the case we are of view that the complainant is entitled to get the benefit of installments only to meet up the dues.
On the basis of the above discussions as a whole, we find that all the points are disposed of in favour of the complainant in part and as such the complainant is to pay Rs. 49096/- by 10 installments.
Hence,
Ordered
that the Consumer Complaint No. 98/2016 be and the same is hereby allowed on contest in part.
The complainant is directed to pay Rs.49096/- to the OP in 10 monthly installments @Rs.5000/- per month for 09 installments and Rs.4096/- for the 10th installment along with current bills.
1st installment will be commenced from the month of July, 2017. Each installment will be paid within the fortnight of each month.
On receipt of 1st installment, the OP is to re-connect the electric line of the complainant within 7 days from the date of receipt of the 1st installment, in default, the OP is to pay Rs.50/- per day as fine and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.
Failure on the part of the complainant in paying the installments, the OP is at liberty to disconnect the service line of the complainant.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member President.
