The complainant Chandi Charan Pal aged about 69 years has filed a petition under Section 12 of the Consumer Protection Act,1986 on 01.03.2019 against the OP Nos.1 , 2 and 3.

The case of the complainant, in brief, is that he is a consumer under the OP and his consumer Id. is 432041945 and his connection is a commercial connection. As he was aged serious ill person and suffered financial crisis he did not make payment in right time monthly of the electric bill and the OP expressed to disconnect the said commercial electric connection. The OP gave electric bill June 2003, July 2003, August 2003 of Rs.3009/- and outstanding amount of Rs.16272/- for the period of 09-2002 to 02-2003 to the complainant and after lapse of discussion in between complainant and the OP No. 1 it was decided that total assessment bill of Rs 19354/- and at a time payment of Rs.4000/- and rest amount will be paid by 6 installments at the rate of Rs.2558/-, but first installment of Rs.2564/-. The complainant has paid first and second installments on 26.11.2015 and 28.12.2015 and failed to make payment of the 3^rd installment in time which was paid on 04.02.2016 and 4^th, 5^th and 6^th installments were paid on 22.02.2016, 16.03.2016 and 16.04.2016 and he lastly paid of Rs.2559/- on 20.05.2016. After payment of said outstanding bill the OP has installed a new meter for commercial electric connection. After the said connection the OP sent an electric bill and the LPSC charged bill to the complainant. The complainant has paid the running bill amount on the time without any LPSC bill and as per request of the complainant the OP did not disconnect the electric connection. The OP expressed that the complainant will have to pay the LPSC bill as early as possible. Thereafter, the complainant has filed an application to the OP on 04.07.2018 and after receiving the said application the OP sent a letter demanding all outstanding LPSC charged bill and on 27.08.2018 the complainant filed written application that the OP was not entitled to get any LPSC charge.

Upon this background the complainant has prayed that the OP Nos.1 and 2 be directed that the outstanding LPSC charges amounting to Rs.20199 + 15762/-+ 12789/- = Rs.64117/- from the complainant cannot be demanded and compensation of Rs.1,00000/-

The OPs have contested the case by filing W.V denying all the material allegations in the complaint contending inter alia that the case is not maintainable in law and it has been filed with malafied intention and that the case should be dismissed with cost.

It is the specific case of the OP is that the complainant is a consumer under it and he is the irregular bill paying consumer. Due to irregular bill payment from October 2002 the amount of outstanding bills was Rs.49786.05/- including the late payment surcharge (LPSC) counting from above mentioned date. On payment of Rs 49786.05/- on 28.08.2019 he has to pay extra Rs.23339.69/- for LPSC which was not calculated yet on his bill. As per WBSERC the consumer bound to pay the entire bill for irregular payment since October 2002. Upon this background the OP prayed for dismissal of the case.

                                                                          Decision with Reason

In order to prove the case the complainant has examined himself as PW 1. To disprove the case the OP has examined AE & SM, Raiganj CCC, WBSEDCL as OPW1. The complainant has filed original copy of electricity bill, installment bill, receipts of payment, Xerox copy of application, letter of the OP and receipts of the outstanding bill as per order of the Forum as because during proceeding of this case the Forum directed the complainant to deposit 60 % of the outstanding dues of the electric bill.

On perusal of the evidence of PW1 it is found that he has corroborated that the fact of complaint and the OPW1 also corroborated the specific case of the OP as stated in the WV. It is admitted fact that the complainant did not pay the electric bill in right time for which he is an irregular consumer for the purpose of payment of electric bill. But it is also an admitted fact that the complainant has paid of Rs 49786.05/- including late payment surcharge (LPSC) counting from October 2002 and the electric line has not been disconnected till now. The disputes arose in between the parties regarding the LPSC bill drawn by the OP against the complainant and the complainant as PW1 admitted that he did not deposit the fine Rs.20,199/- as LPSC charge and he has deposited all bills and receipts of payment from the date of November 2015 and he has not made any application with regard to the bill of fine before the OP and the WBSEDCL imposed the LPSC charge according to Electricity Act and Rules. If it be the fact that the complainant admitted that he has not deposited the LPSC bill. On the other hand the OPW1 stated that on 28.08.2019 he has paid extra Rs 23339.69/- for LPSC which has been charged as per Electricity Act and Rules. But neither the complaint nor the evidence of PW1 disclosed anything regarding the deficiency in service on the part of the OPs and to supply the electric is the service. On receiving the said services the bill amount of the electricity must be paid by the consumer. To raise a bill and to payment the said bill without hampering any services which is deficiency in service does not come under the purview of the Consumer Protection Act.

Under the above facts and circumstance and foregoing discussion on evidence of record we are of opinion that there is no deficiency in service on the part of the OPs and the case must fail.

C.F. paid is correct,

Hence, it is,

                               O R D E R E D:

 That the complainant case being No. CC-10/19 be and the   same is dismissed on contest against the O.Ps, without any cost.

Let a certified copy of this order be given to the parties free of cost.