IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. CC /52/2014
Date of Filing: 29.04.2014. Date of Final Order: 25.06.2015.
Complainant: Abdul Aziz Mondal, S/O Lt. Hazi Bokhs Mondal,
Vill +P.O. Gopinathpur, P.S. Islampur, Dist. Murshidabad.
-Vs-
Opposite Party: The station Manager, WBSEDCL, Chak Islampur Customer Care Centre,
P.O.& P.S. Islampur, Dist. Murshidabad. Pin Code 742304.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..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 exemption of payment of electric bill for Rs.68,841/- and 1299 and compensation of Rs.15,000/- for mental pain and agony.
The complainant’s case is that the complainant is a consumer being consumer No. ID-31206585; for domestic purpose. The OP used to send an average bill without complying with the actual readings of the meter and also did not visit regularly to collect the readings on time, in spite of all the complainant paid the bills within due date. The OP, out of way of the real consumption, sent huge amount of bill and disconnected the line of the complainant without prior intimation. Thereafter, the complainant requested the OP several times to reconnect the line and reassess the bill but the OP did not pay any heed to it. On 14.2.14 and 22.03.14 the complainant applied before the OP in this regard. The OP did not take any appropriate action in this regard. Moreover, the OP sent huge amount of illegal bill to the complainant on 31.12.13 of Rs.1299/- and outstanding amount of Rs.68,841/- for 04/10, 03/11, 05/11, 07/11 to 12/11, 02/12 to 11/13 without any basis . The complainant lastly went to OP on 2.4.14 for correction of the bill and for reconnection of his line but in vain. Then, the complainant has filed this complaint. Hence, the instant complaint.
The written version filed by OP-WBSEDCL, in brief, is that the OP the OP regularly sent the bills to the complainant as per meter reading. The complainant did not pay the bills for the month of 4/10, 3/11, 5/11, 7/11 to 12/11, and 2/12 to 1213 amounting to Rs.70, 140/-. The OP asked complainant by notice to pay the same but the complainant did not pay the same. Then, the line was disconnected on 20.2.14 and used to send bills for 0 unit. The complaint never applied for reconnection. There is no deficiency in service. The complainant had knowledge that he has not paid the consumption charge and for that the complaint is liable to be rejected. Hence, the instant written version.
Considering the pleadings of both parties the following points have been framed for the convenience.
Points for decision
- Whether the case is maintainable or not?
- Whether the case is barred by law of limitation?
- Whether the complainant is a consumer or not?
- Whether the complaint is entitled to get the relief as prayed for?
- To what other relief/reliefs, the Forum may pass in favour of the complainant.
Decision with reasons.
Point Nos. 1 to 5.
All the points are taken up together for the convenience of discussion.
The instant complaint has been filed for reconnection and correction of disputed bills as well as for exemption of the payment of such charges.
The complainant’s case, in brief, is that disputed bills were average bills without any basis.
On the other hand the OP has vehemently denied the allegation of the complainant and claimed the dues for Rs.70,140/-.
Heard the argument of both the Ld. lawyers of the respective parties at length.
The complainant has filed the disputed bills for the month of July, 2014 due after due date is Rs.71, 047/-.
There is no cogent evidence from the side of the complainant to show that the bill was exorbitant without any basis and without taking any reading.
Having no cogent evidence to rebut the claim of the dues by the OP we have no other alternative but to conclude that the complaint is not entitled to get any relief for exemption for payment of such dues and also for failure to prove any laches from the side of OP the complainant is not entitled to get any compensation.
The ld. lawyer for the complainant prays for easy installments and for reconnection of line on payment of first installment considering the ensuing cultivation period.
Considering the above facts and circumstances, we find that the complainant is to pay the dues of Rs.71, 047/- along with current bills.
To pay the outstanding dues of Rs.71,047/- the complainant is to pay Rs.15,000/- immediate after passing the order and immediate thereafter the OP will reconnect the disconnected line of the complaint and the complainant will pay the balance of the dues amounting to Rs.56,047/- by equal 4(four) installments of Rs.12,000/- each along with current bill by 7.8.15 , 7.9.15, 7.10.15, 7.11.15 and the rest amount of Rs.8,047/- by 7.12.15 along with current bills and in default of payment of any installment, the OP will be at liberty to disconnect the concerned electric line.
On the basis of the above discussions all the points are disposed of in favour of the complainant in part and the complaint be allowed for reconnection of the electric line subject to payment of outstanding dues of Rs.71,047/- as per above direction.
Hence
Ordered
that the Consumer Complaint No. 52/2014 be and the same is allowed in part on contest. The complainant has to pay Rs.71, 047/- as outstanding dues. He is directed to pay Rs.15, 000/- to the OP initially at any date after getting the final order. The complainant is to pay further a sum of Rs.(71,047 _ 15,000) =Rs. 56,047/- by equal four(4) monthly installments of Rs.12,000/- each along with current bills by 7.08.15, 07.09.15, 07.10.15 , 07.11.15 and the rest amount of Rs.8 ,047/- is to be paid by 07.12.15,
The OP is directed to reconnect the service line of the complainant after getting Rs.15, 000/- as an initial installment as per rules.
In case of default of any installment on the part of the complainant, the OP is at liberty to disconnection the service line of the complainant forthwith.
There will be no order as to cost.
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
