West Bengal

Birbhum

MA/5/2021

Bhakta Das Dey - Complainant(s)

Versus

W.B.S.E.D.C.L, Suri, CCC - Opp.Party(s)

12 Mar 2021

ORDER

One Bhakta Das Dey, of Vill. Bhurkuna, P.S. Sadaipur, Dist. Birbhum has filed an application U/s 35 of the Consumer Protection Act, 2019 (as amended up to date) against the O.P to pass an order directing the OP to check the meter in the premises of the complainant and if it is found defective if may be replaced by a new defect free meter 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 record is filing today.                

Considering urgency the record is taken up for hearing.

Heard, the Ld. Advocate/Agent of the complainant.

Perused the complaint and documents.

It appears that a prima facie case.

Let the case be admitted today.

Issue notice against the OPs.

Requisite filed in the meantime.

The complainant filed an ad interim petition, taken up for hearing and the same be treated as M.A No. 05/2021.

That the complainant is the resident of Vill. and P.O. Bhurkuna, P.S. Sadaipur, Dist. Birbhum within the Jurisdiction of this Ld. Forum.

That the complainant has an electric service connection in premises in category DM-R being consumer ID No. 500172000 under the OP and as such complainant is consumer under the OP and the OP is the service provider of the complainant.

That during the lock down period OP department did not sent electric bill regularly and without taking reading they sent the electric bill with huge amount without basis. That accordingly after not getting the bills the complainant has been to the OP department and asked the authority to serve electric bill after proper reading, but they did not do the same and on the alternate the OP department on a chit of paper instructed the complainant to pay Rs. 3343/- and Rs. 3557/-.

That the complainant had been paying the electric bill so far sent by the OP and lastly paid Rs. 3343/- and Rs. 3557/- on 09/11/2020 as per instruction of OP.

That thereafter OP sent a bill dated 22/02/2021 claiming outstanding dues of Rs. 32537/- and others unpaid bill amount Rs. 15639.61/- without any basis. That the said bill is an exorbitant bill and may be a bill of stop meter.

 

 

That after receiving the said e-bill from the Op. the complainant had been to the office of the OP and protested against the said bill and requested the OP to rectify the bill and raise bill as per reading of the meter. That the OP after hearing the complainant asked him to deposit entire bill amount otherwise his electric service connection in the premises will be disconnected.

That the complainant did not pay the electric bill dated 22/02/2021 of Rs. 32537/- and others unpaid bill amount Rs. 15639.61/- and as such the OP department came to the premises to the complaint to disconnect the electric service connection

The petitioner several time requested to OP W.B.S.E.D.C.L about the defective ID No. 500172000 and exorbitant bill of Rs. 32,537/-+unpaid bill 15,639.61/- (approx.) at a time and requested to quash the bill and to change the meter but all are in vain.

Hence this application for passing interim order against the OP for replace the old defective meter by a new one having no defect.

On carefully scrutiny of the record and documents filed by the complainant we find substance that the complainant has got and exorbitant electric bill of Rs. 32,537/-+unpaid bill 15,639.61/- (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. 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 having no defect.

 Accordingly prayer for interim order is allowed.

            Hence,

                        Ordered,

That the Complainant is direct to deposit Rs. 10,000/- to the O.P W.B.S.E.D.C.L Suri, Birbhum within 7 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. 500172000 and Category DM-R immediate after payment of Rs. 10,000/-

            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.

 To date 26/04/2021 for S/R of notice, appearance, W/V, W/O and hearing of ad interim petition.

Interim order will be effective till 25/04/2021.                                                                                              

            The Copy of the order be sent to O.P W.B.S.E.D.C.L, Suri, Birbhum through speed post for compliance.

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

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