West Bengal

Birbhum

MA/55/2019

Haje Mahammad - Complainant(s)

Versus

W.B.S.E.D.C.L, Station Manager, - Opp.Party(s)

12 Sep 2019

ORDER

One Haje Mahammad, of Vill. Anantanagar, P.S. Nalhati, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.P to pass and order directing the Op to replace the defective meter by a new defect free meter and then raise e.bills from the reading of new meter as per consumption and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             The case has been filed in time. Register it. Full requisites have been filed.

The case is taken up for admission hearing as interim petition is filed.

Heard, perused the compliant and document.

We find prima facie case.

Let the case be admitted.

            Considering urgency the record is taken up for hearing.

            The petitioner also files a petition against the OP W.B.S.E.D.C.L praying for passing an interim order U/S 13 (3B) CP Act 1986 is directing the Op not to disconnect the electric line being Consumer ID No. 522097917  the petition be treated  as M.A Case No. 55/2019.

            Perused the complaint, interim application and documents.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

            Heard Ld. Advocate/Agent of complainant.

            It is the case of the complainant that he is a marginal farmer and consumer being ID No. 522097917 under OP W.B.S.E.D.C.L. The complainant has a submersible pump in his agriculture land to irrigate. The complainant used to run his submersible with the help of electricity which is supplied by the Op.

            The complainant used to maintain his livelihood from the usefructs of his agriculture land and he has no other source of income except the income derived from the use usufructs of the agriculture land.

            That saifuddin Mondal had a electric service connection being no.522097917 to run submersible pump (here in after be called SMP in short) situated at his agricultural land. 

That said Saifuddin Sk died leaving behind him his son Haje Mahammad i.e. the complainant as his only legal heir and representative and as such being the beneficiary of said Saifuddin Sk the complainant is the consumer under the O.P and the O.P is the service provider of the complainant.

That the complainant is an agriculturist and he has a submersible pump to irrigate his agricultural land.

 

 

That the complainant runs his foresaid submersible pump through electricity supplied by the opposite party, having its service connection being consumer ID No. 522097917.

That the complainant has been paying electric bill regularly so far bills were sent by the opposite party except the bill date 10/04/2019, 10/05/2019, 07/06/2019 and 06/07/2019 amounting to Rs. 18,691/-, Rs.16,504, Rs.15,958 and Rs.13,772/- respectively.  That those bills are exorbitant bills which will be revealed from the previous bills.

That it will seen in the yellow reading  card being  Sl No. 431870 that since 28/04/2013 to03/03/2019 total consumption units have been raised 1057 units to 16456 units i.e.15400 units has been raised in the last 6 years , i.e. 2566 units  consumption per year in average.  Whereas it will be seen in the bill date 10/04/2019 to 06/07/2019total consumption units have been raised 16,456 units to 29420 units i.e. 12964 units has been raised in the last 4 months only.  So from the aforesaid description it will be clear that last 4 bills are exorbitant and illegal.

That the complainant could not pay the electric bill date 08/03/2019 amounting to Rs. 18,599/- as his father had been suffering from carcinoma and due to that illness of his father the complainant had not been paid the entire amount, but now he is ready to pay.

That it will be reveled form the previous bill of the SMP of the complainant that the bill dated 10/04/2019, 10/05/2019, 07/06/2019 and 06/07/2019 are exorbitant bills.  Beside it will further be revealed that the said bills have been raised due to defective meter.

That the complainant on 20/03/2019submitted an application before the opposite party and contended that the meter being no RSX59803 is out of order and he several time requested to OP WBSEDCL to replace the defective meter, and exorbitant bill of Rs. 83,000 (approx.) in spite of that the opposite party did not replace the said meter and quash the bill till today.      

            Hence, this application for passing interim order against the Op for replace the old defective meter by a new one which is working properly.

On careful scrutiny of the record and documents filed by the complaint we find substance that the complainant has got an exorbitant electric bill of Rs. 83,000/-(approx.) which is very much more than his

average electric bill.

            At this stage without going into the merit of case we think that electricity is an essential part of modern human life in the present day situation and as the complainant has been earning his livelihood from said submersible pump we think ends of justice would be met up if the Complainant is directed to pay lump sum amount to O.P, and OP is directed not to disconnect the line and replace the old defective meter by a new one which is working properly.

            Accordingly prayer for interim order is allowed.

The Complainant is direct to deposit Rs. 20,000/- to the O.P W.B.S.E.D.C.L Lohapur Customer care centre P.O. Lohapur, P.S. Nalhati, Birbhum within 20 days from the day of this order and the O.P is directed not to disconnect the Electric Connection of the complainant being ID No. 522097917 immediate after payment of Rs. 20,000/-.

            Deposited amount will be adjusted with Electric Bill of the Complainant.

            The Complainant is also directed to pay the current Bill month by month/ quarterly.

Thus the M.A is disposed of.

 

 

 Fixed 27/11/2019 for appearance of the O.P.

Interim order will be effective till 27/11/2019.

            The Copy of this order be sent to O.P W.B.S.E.D.C.L, Lohapur Customer care centre P.O. Lohapur, P.S. Nalhati, Birbhum through speed post for compliance.

            Copy of this order be supplied to the parties each at free of cost.