The petitioner, Anup Kr. Das has come up before this Forum alongwith the present petition with a prayer for getting award amounting to Rs.80,000/- towards compensation for financial loss ,deprivation mental agony and harrassment, and also for getting order directing the O.Ps, (W.B.S.E.D. Co. Ltd) to record the meter reading regularly and to prepare correct bills every after three months on the basis of meter reading and also for an order of litigation cost, and other equitable reliefs.

 

          It is the case of the petitioner that he is a consumer having his old consumer No.G231662 (new consumer No.J131748). As per yellow card at the time of electric connection as on 28.06.2003, there was reflection of units ‘00005’ in the meter, though reading date as per yellow card shows 16.06.2003, which according to the petitioner was fake on its face. Since after 16.06.2003 none of the staffs of the electricity authority visited the premises. But all the amounts as per subsequent bills were paid. On 15.11.2007 the petitioner intimated the O.P. in writing mentioning the above deficiency but the concerned authority did not pay any heed. Even though the petitioner paid the amount against the bill in the month of August 2008, the O.Ps, disconnected service connection. After necessary payment of reconnection he has now been paying amounts against the bill. According to the petitioner such act on the part of the electricity authority is the naked illustration of the deficiency in service for which the petitioner suffered from mental agony and financial loss.

 

          Hence the instant case arose with the prayers which we have already mentioned above.

 

          The O.Ps have been contesting the case by filing written version wherein they denied all material allegation contained in the petition. It has inter-alia been contended that the case is not maintainable in law. The positive case of the O.Ps is that, in fact, the house of the petitioner remained under lock and key. On 30.05.2008 the O.P. No.1 informed the petitioner in the matter of non availability of any person at his house causing the electricity staff not to take meter reading. Due to non-payment of amount of electricity bill for the period from Nov.2007 to April 2008 the service line was disconnected. The O.Ps are very much ready and willing to take meter reading in the event of the premises remaining unlocked and accessible. With all this, the O.Ps have prayed for dismissal of the case.

 

          Upon the pleadings of both the parties following issues are framed:-

 

:ISSUES:

 

1.     Whether the case is maintainable or not?

2.     Whether the petitioner is entitled to get any relief as prayed for or not?

3.     To what other reliefs, if any, the petitioner is entitled to get?

 

:DECISION WITH REASONS:

 

Issue No.1 to 3.

 

          These three issues being interlinked are taken up together for the sake of brevity and also for convenience of consideration.

 

          There is no dispute that the complainant is a consumer, falling under the Consumer Protection Act. Admittedly the petitioner has now been making regular payment of amount towards the consumption of electricity. The petitioner Anup Kr. Das (P.W. – 1) in his cross examination has categorically stated that he joined in the Army in the year 1983 and retired therefrom in the year 2003, December. Though the petitioner by submitting Exhibit – 1 has stated that nobody come to his house for taking meter reading but his oral testimony coming out from his cross examination itself disproves his allegation because of the fact that he has stated to the effect that subsequent to reconnection of electricity at his house he has been making regular payments towards electricity charges. He has also failed to satisfy the Forum as to what type of irreparable loss he suffered due to mental agony. It is true that as per yellow card (Exhibit – 2) there is a reflection of date of connection as 28.06.2003 though the said card exhibits date of reading as 16.6.2003 which is apparently not in order. But this is not the main bone of contention between the parties. In fact the petitioner has prayed for taking regular meter reading and to send the bill regularly, which in our view at present are being maintained by the Electricity authority, otherwise the petitioner could not have got the opportunity of making regular payment. It is true that as per Exhibit – 2 initial meter reading shows ‘00005’ which according to the petitioner ought to have been ‘00000’ (zero). In our view such meter reading 00005 is very negligible because such type of reading comes at the time of testing etc.

 

          In the instant case practically we do not find any deficiency of service on the part of the electricity authority which has been alleged by the petitioner. The petitioner, therefore, is not entitled to get any award of compensation. In this regard however we are not unmindful to note that to remind the electricity authority it is necessary to inform them that in all cases the electricity authority must take meter reading regularly and to send the required bills to the consumers regularly according to their norms, so that the consumers are not harrassed unnecessarily.

 

          In the above conspectus the case succeeds in part.

 

that Malda D.F. Case No.61/2008, be and the same is allowed in part on contest without cost. The O.Ps W.B.S.E.D. Co. Ltd are hereby directed to take meter reading of the petitioner regularly and to send the regular bill to the petitioner towards electricity consumption, according to their norms.

 

          Let a copy of the order given to both the parties free of cost.          

Sd/-                               Sd/-                               Sd/-

Dr. Soumen Sikder        Smt. Sumana Das                   Sri Sibsankar Pal

Member                                Member                          President