Order No. 10 Dt. 08.05.2015
This is an application filed by petitioner Dibakar Das praying for an order against O.P. W.B.S.E.D.C.L. Samsi for their providence of proper bill for his electricity consumption.
The brief facts of the case is that while he paid electricity bill as a good customer for his Ice Mill running between the period 2009 to April, 2014 on regular basis and thereafter though the mill was closed for a certain period and afterwards running the mill on low file, the O.P. sent electricity bill like before that is like bills of the period, 2009 to April, 2014 and for such bill claim he filed written complaint to O.P. and also he filed a written complaint to O.P. for his noting of unwell run of electric meter and he filed this case in December’2014 praying for receiving proper electrical bills from the O.P.
O.P. Station Superintendent, W.B.S.E.D.C.L. Samsi Sector contested the case filing written version denying the allegations and having no cause of action for the case, wanted dismissal of the case and at the same time informed that the complainant is an industrial consumer and his ice mill runs on commercial basis and as per application of the customer they inspected the relevant meter and found no defect onto that and intimated the inspection result to the petitioner and thus the petitioner filed this case on false basis.
On the pleadings of the parties following issues are framed
- Whether the case is maintainable?
- Whether there is any cause of action to file this case?
- Whether there has been any deficiency in service on the part of the ops?
- Whether the complainant is entitled to get the reliefs as prayed for?
::DECISION WITH REASONS::
Issue Nos. 1,2,3 and 4
All the issues are taken up together for the sake of brevity and convenience of discussion.
This Forum heard the Ld.Counsels of both the parties and perused and inspected all the documents and with that it reveals that the petitioner sent an application to the concerned electric office of the Electricity Department for their sending electrical bill of exorbitant charges in spite of closure of the Ice Mill in the winter season and the complainant also lodged complaint to O.P. for his Meter which he found to be defective and he further stated that in spite of receiving his letter by Electrical Department, the O.P. came to disconnect his line and so he filed this case.
On the other hand, looking into the context of the O.P., where they categorically denied all allegations including Meter defect which they inspected on 15.12.2014 as per application of the customer and found no defect of any order in the meter and the customer received the copy of the report putting his own signature and petitioner’s non-compliance of paying bill telling it to be huge and all such expressions of O.P. were all of reasonable meaning as apprehended by the Forum and thus found that the customer is responsible for filing this case without any rationality standing.
From the documents filed by the parties it becomes crystal clear that the inspection of the Meter of the complainant was done by O.P. Electricity Department on 15.12.2014 as per application of complainant and complainant Dibakar Das received the inspection report copy putting his signature on the same. Thus the issue of the Meter reading for electrical consumption and the received bills are well within the knowledge of the petitioner and the bill linked to meter-reading was received by the petitioner and the bill raised was for the month of 2014 and thereafter on having completion of the task of inspection of Meter on 15.12.2014 the petitioner filed this case on 22.12.2014 with ill motive to get rid of electricity bill payments by hook and crook as because what the Meter reads, that becomes the reflection of actual electricity consumption in reality at here and is the case everywhere specifically in case of Meter functioning without any defect.
This Forum holds that at the prevailing situation the petitioner is at fault and is not entitled to get any relief and on the other hand the petitioner as a consumer is duty bound to pay dues for electric bills to the concerned Electrical Department accordingly.
In the result, the claim case fails.
Proper fee paid.
Hence, ordered
that the Malda D.F.C Case No. 87/2014 be and the same is hereby dismissed on contest without any order as to cost.
Let a copy of this order be given to both the parties free of cost at once.
