ORDER NO: 2

DATED: 11/04/2012

    The instant complainant is taken up for admission hearing. Heard the Ld. Lawyer. Considered.

    The complainant is filing the petition U/S 12 of the Consumer Protection Act, 1986 has prayed for refund of the bill wrongly charged from him under commercial tariff from the very first day of supply of electricity together with a compensation to the tune of Rs. 1,00,000/- for monetary loss and mental harassment. On scrutiny of the petition of the complaint together with the enclosure we come to learn the the matter of dispute falls in billing category. To be precise  the petitioner had applied for domestic connection on 13/04/2009 and his connection was effected on 31/07/2009. But his bill was being charged under commercial category from the very first bill. Inasmuch as the prayer of the complainant relates the dispute of billing, we are unable to entertain the instant complainant in view of provision contained in 3.5.1. (a) of the West Bengal Electricity Regulatory Commission which provides for reference of any dispute regarding bills to the Grievance Redressal Officer and appeal to the Ombudsman against the order of the Grievance Redressal Officer. Naturally the remedy under the Consumer Protection Act. is barred by implication.

    Hence the complainant is not maintainable before this Forum. So the complainant cannot be admitted.

    Supply the Copy of this order to the parties, as per rule.