:    J U D G M E N T    :

This is the case under Section 12 of the Consumer Protection Act.  The facts of the case to put in a nutshell, are as below:-

The complainant, Kalpana Mahato is a commercial consumer of OP 1, W.B.S.E.D.C.L., Badkulla Town Customer Care Centre being consumer ID 333014295 and electric meter No. SF 202774 as he runs ‘Oil Ghani’.  In the 2^nd week of April, 2013 the complainant suddenly found that the reading of the meter was increasing, though his oil ghani unit was stopped working.  Immediately the complainant informed the OP 1 on 15.04.13 for taking necessary steps.  Subsequently, the OP sent his men for checking the said meter on 18.04.13 and after checking the said meter they found that the meter was moving fast due short circuit.  Then the OP men broke the seal of the meter for rectification.  Thereafter, complainant received a bill for the month of May, 2013 of Rs.12,088/- even though the machines of the complainant were stopped.   After getting surprised the complainant requested the OP 1 and then OP 2 for rectification of the bill but in vein.   After nine months OP sent a notice to pay the consumption amount within 7 days and Rs. 2,055/- was charged as delay charge.  The complainant paid 1^st instalment of the said amount on 19.04.14.  As the OPs did not rectify the bill of May, 2013, there is a gross negligence on the part of the OPs.    The complainant finding no other alternative files this case praying for the rectification of the bill and not to disconnect the electricity line and compensation of Rs. 50,000/- and cost of the suit. 

OP No. 1 files written statements on 18.08.14 denying all the contention of the complaint.  The sum and substance of the written statement is stated below:-

The petition is not maintainable under the Consumer Protection Act.  It is barred by law of limitation and also barred by estoppels, waiver and acquiescence.   The Consumer Forum has no jurisdiction to entertain the case as the present matter is under West Bengal Electricity Act and Rules.  The OP admits that the complainant is a consumer under him and she sent a letter to the OP on 18.04.13 alleging that the meter was moving on abnormal high speed even without any load.  After receiving that letter the SAE of Badkulla CCC went to the site and inspected the meter and detected there was no fault in the meter and also further investigation it was found that there was short circuit in the cut-out portion of the main switch which resulted in an earth fault which was continuous fed of energy, besides this the terminal of the cable was also damaged.  Thereafter the complainant requested the OP for consideration of the short circuit case and regeneration of bill, but OP informed the complainant that there was no scope of regeneration of the bill.  Subsequently, the complainant prayed for installment of the bill and the OP accepted the prayer for installment.  Hence, the OP has no negligence or deficiency in service on his part and also the complainant is not entitled to get any relief. So the present petition may be rejected in limini. 

POINTS FOR DECISION

1. Point No. 1:   Is the complainant a consumer?
2. Point No. 2:   Has OP negligent or deficient in his service?
3. Point No. 3:   What relief the complainant is entitled to get?

REASOND DECISIONS

            For the purpose of brevity and convenience all the points are taken up together for discussion.

            It is admitted position that the Kalpana Mahato, the complainant is a consumer.

            Now, the question is whether the OP is negligent for deficiency in service.  We have meticulously gone through the annexures along with the pleadings of the parties.  Annexure – 1 is the meter card.  Annexure – 2 is the electricity bill.  Annexure – 3 is the regret letter and notice of disconnection for payment of disputed bill.  This letter is bearing memo No. 6017 dtd. 19.03.14, Annexure – 3(1) is a letter dtd. 15.06.13, Annexure – 4 is the letter stating that there was a short circuit in the line.  Annexure – 5 is the instalment amounts from 19.04.14 to 19.12.14 showing payment of Rs. 14,143/-.  Annexure – 6 is the receipt of the department.  Station Manager was intimated by the complainant for sending proper bill.  It is admitted that there was short circuit in the main switch.  The letter was received by OP on 25.06.13.  We have perused another letter addressed to Station Manager, dtd. 11.06.13 and 09.07.13.

            Be that as it may, it is a dispute regarding billing which should not be agitated before the Forum.  Vide Calcutta High Court note 1997 (I), January to June page No. 50 (Civil Appeal No. 14421 of 1996).  We have meticulously gone through the case law.  When there was special statutory remedy provided by the Act, the electricity inspector / the Ombudsman / Electricity Regulatory Commission should have been approached.

            We have also gone through West Bengal Electricity Regulatory Commission Notification No. 36/ W.B.E.R.C. dtd. . 12.09.07 wherein the power of the determining billing dispute has been provided.  Thus, the Forum has no jurisdiction to determine the billing dispute as agitated by the complainant.  Hence, all the points are decided against the complainant. 

Hence,

Ordered,

That, the case CC/2014/79 be and the same is dismissed on contest. No cost.

Let a copy of this judgment be delivered to the parties free of cost.