In the District Consumer Disputes Redressal Forum,
Murshidabad, at Berhampore.
Case no. CC/62/2016
Date of filing: 26-04-2016 Date of final order: 31-07-2017
Complainant : Khairul Islam, s/o Hassan Sk., Village – Nowda, PO – Gankar,
PS – Raghunathganj, District – Murshidabad, Pin – 742227,
West Bengal.
VS.
Opposite Parties:
1) The Station Manager, WBSEDCL, Raghunathganj C.C.C.,
PO + PS – Raghunathganj, District – Murshidabad
Pin – 742225, West Bengal.
2) The Asstt. Engineer, WBSEDCL, Raghunathganj C.C.C,
PO + PS – Raghunathganj, District – Murshidabad,
Pin – 742225, West Bengal.
Present : Sri Anupam Bhattacharyya, - President
Sri Manas Kumar Mukherjee – Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member.
This case has been filed by the complainant, u/s 12 of Consumer Protection Act, 1986, praying for non – disconnection of his electricity supply line, by WBSEDCL, for non-payment of electricity consumption charges, by him, which allegedly, appears to be on the higher side, to him and payment of all expenses, including incidental charges by the OP (s), to him.
The case of the complainant, in brief, is that, the complainant is an authorized and bonafide user of Electricity, being distributed and supplied by WBSEDCL, bearing Consumer no. 313281772 and the said electricity is being used by him, for agricultural purpose, with the installation of a submersible pump, the installation no. and meter no. being 1545261 and SF700582, respectively. He further alleged, to have received an electricity consumption bill, showing a consumption of 1261 units of electricity, by him, the due date of payment, being 18-04-2016 and the payable amount being Rs. 79,183/- only (as mentioned by the complainant in the petition). He further alleged that the OP(s) were sending, bills, to him, whimsically and were, not reviewing the bills, as requested by him. Moreover, the OP(s) are threatening him for disconnection of his electricity line, for nonpayment of electricity charges, by him to the OP(s).
In view of the above, he has prayed for passing of an order, directing the OP(s), not to disconnect his electricity line, without settlement of bills, served upon him, by the OP(s)and to compensate the alleged loss, sustained by him, to the extent of Rs. 79,000/- only, including all expenses and hazards and other incidental charges and not to do anything, prejudicial to his interest.
The OP(s), through their WV dated 07-06-2016, stated that the petition of the complainant is not maintainable as billing dispute, cannot be entertained by a Consumer Court. That the electricity connection of the complainant, was executed on 13-06-2009 and bills were being raised as per actual meter reading. They further stated that when the complainant filed the complaint, the technical staff of the OP(s), checked the meter reading and the bill was raised on 15-12-2015, based on the actual meter reading, taken. The enlisted agency, engaged for taking meter reading, had been terminated, due to their irresponsibility for performing of their allotted duties. The OP(s) further stated, that the meter reading of 1199 units of consumption of electricity by the complainant, was taken by the new enlisted agency, engaged by the OP(s), from a newly installed meter, bearing no. IX019193, through LRR and CMRI. The OP(s), further stated that the new meter, installed, was found to be ‘stopped’ by the complainant, as declared by the meter reader and accordingly, the bill had been raised, as per existing norms of WBSEDCL. He concluded, with the prayer to reject the petition of the complainant.
In the argument, held on 20-07-2017, the OP(s) highlighted and the complainant admitted that there had been a mistake, in quoting the amount of the bill, in question. The amount should be Rs. 69,183/- instead of Rs. 79,183/-, as mentioned in the plaint, submitted by the complainant. The complainant further stated that the meter installed is a defective one, for which the meter reading agency was terminated by the OP(s).
The OP(s) stated that the amount mentioned in the bill, in question, is an accumulated amount and the bill, in question, amounted to Rs. 69,183/- only, due to nonpayment of electricity consumption bills, by the complainant, since long. The meter reading was taken on 22-03-2016, from a new meter, installed by the OP(s) and the complainant, unauthorizedly stopped the meter, after filing of the present case. It has also been observed from the disputed bill, that an amount of Rs.68, 762=27only has been added with the current bill, for nonpayment of electricity consumption charges by the complainant.
Point to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decisions with reasons
It is an admitted fact, that the complainant filed the instant case, on receipt of the bill from the OP(s), which he felt, to be an inflated and improper one.
From a detailed study of the bill, it is observed that the bill amounted to Rs. 69,188=00, only, if paid, after due date, i.e., after 22-03-2016. The bill, in question, attracted an amount of Rs.68,762=27 only, towards outstanding dues, which has been accrued, due to nonpayment of electricity consumption charges, by the complainant, since long.
Hence,
ORDERED
That the Consumer Complaint no. 62/2016, is hereby allowed, in part.
The complainant is hereby directed to pay the accumulated, consumption of electricity charges, of Rs. 69,188=00 only, to the OP(s), in 10 (ten) equal monthly installments of Rs. 6,918=80 each and the 1st installment, needs to be paid, within 10 (ten) days, from the date of receipt of this order, by the complainant. The complainant is further directed to pay the current electricity consumption charges, payable as per, proper bills, to be raised by the OP(s), time to time.
The OP(s) are also directed, not to disconnect the electricity line of the complainant and to accept, payment of the abovementioned dues, by the complainant, in 10 (ten) equal monthly installments.
Let a copy of this order be made available and supplied, free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and further necessary action.
