West Bengal

Bankura

CC/12/2019

Sri Nimai Chandra Goswami - Complainant(s)

Versus

The Station Manager , Assistant Engineer - Opp.Party(s)

Self

18 Dec 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 12/2019

         Date of Filing: 14-02-2019

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Arup Shit

For the O.P. : Ld. Advocate Jayanta Chowdhury

 

Complainant  

Sri Nimai Chandra Goswami, S/o Late Ananda Mohan Goswami, Resident of Kotulpur (Goruhattala), P.O & P.S. – Kotulpur, Dist. Bankura, PIN – 722141.

Opposite Party 

1.The Station Manager / Assistant Engineer, West Bengal State Electricity Distribution Company Ltd., Vill. & P.O. Kotulpur, P.S. – Kotulpur, Dist. Bankura, PIN – 722141.

2.The Divisional Engineer & Divisional Manager, West Bengal State Electricity Distribution Company Ltd., Bishnupur Division, Vill. & P.O. & P.S. – Bishnupur, Dist. Bankura, PIN – 722122.  

 

FINAL ORDER / JUDGEMENT

 

Order No.34

Dated:18-12-2023

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he being a bona fide consumer vide Consumer I/D No.233104600 has been paying electric bills regularly up to June, 2018. Initially Meter No.EE/201996 was installed and thereafter it has been replaced by a new Meter No. being L1628498. Suddenly the O.P. sent bill dated: 04/12/2018 for Rs.1,09,770/- for the period from 06/01/2015 to 20/09/2018. The Complainant took up the matter of such abrupt bill with the O.P. but in vain.  O.P. further sent similar inflated bill on 13/01/2019. The Complainant has therefore approached this Commission for appropriate relief with regard to the above mentioned disputed bills with further reliefs.

O.P. contested the case by filing a written version contending inter alia that the Complainant has an outstanding due of Rs.1,41,084/- + LPSC Rs.1,18,348/- totaling Rs.2,59,432/- and unless the outstanding amount is cleared the Complainant cannot get any relief in this case and the O.P. may take appropriate step for disconnection of the electric service of the Complainant.                               

                                                                                                                                                                                                                                                                                                                                                                                                                        Contd……p/2

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                                                                                 -: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that the Complainant has a small family with their only son staying at Midnapore and they have an average consumption at best Rs.200/- per month and the earlier electric bills prior to the disputed bill as produced by the Complainant at the time of hearing lends support to this fact. Both the Meters are found to be defective otherwise the O.P. could not have issued such disputed electric bills covering the period from 2015 to 2018. O.P. could not show at the time of hearing that they used to send electric bills all along regularly and this solitary fact goes to show that there is some disputes with regard to the Meter readings. It is not the fault of the Complainant for non-payment of outstanding electric bills. Rather it is the O.P. who sent electric bills after a lapse of about three years calculating the arrear bills by charging LPSC and OSD. Such practice is highly condemned and not warranted under the law. It is the duty of the Consumer to pay against the electric bill he/she receives from time to time. But in this case regular bills have not been sent to the Complainant from time to time and the Complainant has therefore no scope and opportunity to pay the electric bill in time.

The Commission is therefore of the view that the Complainant should pay at the rate of Rs.200/- per month from the month of July, 2018 onwards till the installation of new Meter at the cost of the Complainant and the O.P. will receive the same without making any further claim.

Hence it is ordered……..

That the case be and the same is disposed of on contest by directing the Complainant to pay to the O.P. arrear electric bills from July 2018 @ Rs.200/- per month till the installation of the new Meter at the cost of the Complainant. The Complainant will however pay electric bills from time to time regularly to be raised from the new Meter to be positively installed by January, 2024 in default the O.P. will be at liberty to raise the electric bill according to their own calculation subject to review in accordance with law.

Both parties be supplied copy of this Judgement free of cost.

 ____________________                _________________         

HON’BLE   PRESIDENT           HON’BLE MEMBER