IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.  CC /120/2014.

 Date of Filing:               29.08.2014                                          Date of Final Order: 09.02.2016.

Complainant: Majera Bibi, W/O Amirul Islam, Vill.&P.O. Gantla, P.S. Kandi, Dist. Murshidabad.  

-Vs-

Opposite Party: The Station Superintendent, WBSEDCL, Gokarna Electricty, P.S. Kandi,

                            Dist. Murshidabad.

                       Present:  Sri Anupam Bhattacharyya   ………………….President.                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                                                        Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

The fact of the complaint’s case u/s 12 of C. P. Act, 1986 is that the complainant/Majera Bibi and her husband who is 80% physically handicapped , B.P.L card holder is a consumer of the OP/Station Manager, WBSEDCL, Gokarna CCC for electric connection of her  pump to irrigate a small land for cultivation of Boro crops. According to the complainant, she received a bill from OP for the month of January, 2014 with an outstanding amount of Rs.41, 854/- for the period of 9/11 to 12/13 which is exorbitant and illegal charge. Therefore, complainant several times requested the OP to install a meter to estimate consumption of electricity, as because she used to run the pump only four months and rest of the months of the year the pump remains stopped. So, the complainant came to this Forum for proper redress with a prayer for rectification of the bill and compensation of

Rs.10, 000/- for loss.

On the other hand the OP appeared in this case by filing written version where he denied the allegations of the illegal and exorbitant bill to the complainant. According to the OP, the complainant has a STW connection which is without meter connection by the normal rule of the said connection and she availed it since long years. But, the complainant is defaulter in payment of sum of Rs.66, 426.37 for the period of 09/11 to 03/15. The OP also stated that due to non-payment of the bill amount since long years, the outstanding amount increases automatically. The bills are correctly prepared and OP had no deficiency in service. So, the case is liable to be dismissed.

The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complaint is entitled to get any relief or not.

                                                 Decision with Reasons.

It is pertinent to mention that both the parties have submitted Xerox copies of some documents in support of their case.

Perused all the documents on the record, we observed that the complainant is a consumer of the OP and she received the said bill for the months of January, 2014 with outstanding amount of Rs.41, 854/- for the period of 9/11 to 12/13 and gradually increased up to Rs.66426/- on March, 2015 is true, which evident with the Xerox copies of bill submitted by both the complainant and the OP.

The same bill along with bill for the month of 03/2014 also evident that the complainant is a defaulter from 09/2011 to 12/2013 as well as her last payment was for the month of 04/2011 to 08/2011.

Documents show that the complainant requested to the OP by writing along with the prayer of the instances cases to install meter for perfect estimation of energy charges, but the STW connection is a non-meter connection as a particular scheme of the OP, so the meter installation is not possible.   

Regarding exorbitant bill we find that the complaint’s connection is only for 4 months per year as an agricultural connection and the bills shows that Rs.1860/- per month charges. So, for three years bill should be 1860 x4x3 i.e Rs. 22,320/- in total, which may be considered as a sufficient without adding any other charges for the family like this complainant.

After observing the financial and physical condition of the family of the complainant, this connection being for agriculture our considered opinion is that the complainant also should get benefit to pay considered amount of dues in installments.

Considering the above facts and circumstances we find that the case be allowed in part and the complainant will get benefit to pay the outstanding amount of Rs.22,320/- instead of Rs.66426/- in equal five  monthly and one another  i.e. Rs.4000x5 + Rs.2, 320/-  installments along with current bill amount.

Hence,

                                                      Ordered

that the Consumer Complaint No. 120/2014 be and the same is hereby allowed on contest without any order as to cost.

The complainant is directed to pay considered outstanding amount of Rs.22, 320/- in five equal monthly  and one  another installments  like as Rs.4000/- x 5 + Rs.2,320/- along with current bill to be paid from the first week of April, 2016.       

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.