An exorbitant amount of electric bill dt. 28.9.2016 and next on 17.1.2017 has obliged the consumer for alleging this complaint for adjudication u/s 12 of the CP Act, 1986.
The summation of the case is that the complainant having Consumer ID No.400143181 and meter No.1649949 have got a meter reading (1342 units) for the period from 2.7.2014 to 28.9.2016 next on 17.1.2017, it showed 6142 units. Accordingly, the OP has issued a bill of Rs.42,000/- to the complainant. Since inception his consumption for each 3 month according to the yellow card filed by the OP is within 50-60 units. Beyond these 2 periods after 17.1.2017 till the date of consumption meter reading unit is usual i.e. the period between 2.7.2014 and 31.3.2017 the billing has been shown exorbitant. The complainant suspected it a defective meter and prayed for changing the meter on 4.10.2016. But, the OP has fixed a challenge meter on 14.7.2017 and this continued for 15 days for recording the function of the original meter. The complainant prayed for declaring all the bills null and void for the bill period from December, 2016 to February, 2017 and change the defective meter and claimed Rs.25,000/- as compensation. The complainant had paid bill up to August, 2016 and disconnection has been made to his Consumer ID on 25.11.2017 for not paying the bill in time.
The OP in his averment has denied all the allegations. The complainant has paid last bill on 11.7.2016 and an outstanding amount of Rs.41,698/- is pending, so disconnection has been made on 25.12.2017. The bill has been prepared on physical reading and in compliance with prayer of the complainant the challenge meter was installed on 14.7.2017 and kept up to 28.7.2017 and during the period original meter vide No. L-1649949 and challenge meter No.B-3996433 show the same units for consumption. So, allegation of the defective meter is not correct.
On argument the Ld. Lawyer for the complainant stated that it is not known to us the grievance redressal mechanism of the OP company and as the case is on the date of final hearing, though this is the billing problems the argument may kindly be heard. He admitted that except the period from 2.7.2014 to 17.1.2017, the meter is recording usual consumption of units. So, the period in dispute should be corrected as the complainant belongs to BPL category.
Ld. Lawyer for the OP stated that the law of electricity prevails over the rich and the poor equally. It is not correct that the meter remained defective for the period as mentioned by the complainant. He also referred to the question of maintainability of the instant case under this Forum, citing the observation of the W.B., S.C.D.R.C. decided on 1.6.2018 in Appeal Case No.A/0187/2017.
Points for decision:
- Is the complainant a consumer to the OP?
- Is the instant case maintainable under the CP Act?
- Is there any deficiency in service on the part of OP?
DECISION WITH REASONS
The OP admitted in his written version that the complainant is a bona fide consumer to the OP. Having full regards to the observation of the W.B.S.C.D.R.C. dt. 1.6.2018 in Appeal Case No.A/0187/2017 in the matter of Station Manager, W.B.S.E.D.C.L. vs. Sankar Prasad Chatterjee, the instant case is considered as the case is in the final stage of hearing and also the case was admitted long before the said judgment. The above discussion reveals that there is some sort of unusual variation in meter reading during the period as averred by the complainant. In such cases the OP office should follow Clause 3.8.1 (a)(b) of the WB Electricity Regulatory Commission’s Notification No.55/WBERC dt. 7.8.2013. Moreover, it is also revealed that the check meter has been installed after about 1 year of complaint lodged with the OP by the complainant / consumer. This is the negligence of the duty on the part of the OP.
Hence, it is
O R D E R E D
The OP is directed to prepare a fresh bill following Clause 3.8.1 (a)(b) of Notification No.55/WBERC for the period from August, 2014 to January 2017 within a period of 30 days from the date of this order. The OP is also directed to give an opportunity for repayment of the freshly prepared bill in 12 equal installments from August, 2018 to July, 2019 without imposing any LPSC. The complainant is directed to make payment of the current bill as usual along with amount in the fresh bill to be prepared and delivered to him. No cost is allowed.
The OP is directed to provide reconnection on/before 31.08.2018 provided one installment is paid.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
