The complainant filed this case with the prayer for an award with a direction to the O.P. to replace the defective electric meter as he is not bound to pay outstanding bill showing consumption of 5264 unit amounting to Rs.20,364/-, which is abnormal, excessive and incorrect. He also prays for direction upon the O.P. to issue electric bill showing exact and correct reading and also prays for compensation of Rs.20,000/- for harassment, mental pain and anxiety.

The complainant’s case in brief is that on 17.02.2013, he received electric connection, being meter No. P2126830 with consumer ID No. 400187246 for using shallow pump but the said electric meter was not functioning at all since beginning and he informed the matter to the Dalkhola Branch, WBSEDCL orally. Before 07.01.2014 he did not receive any electric bill and only on 07.01.2014, 11.02.2014 and 28.02.2014 from the electric office the meter reading were taken but at every time it is noted in the yellow card of meter reading “display is not working”. Thereafter, on 13.03.2014 (billing date) he received the first electricity bill, but without any actual reading of electricity from the meter. Showing total unit consumption 276 unit and charge of Rs.1,118/-. In the same bill outstanding amount of Rs.20,364/- up to Feb’14 was demanded. The complainant astonished receiving the bill with such a huge amount of outstanding and on 14.03.2014 he protested in writing asking O.P. to replace the defective meter immediately.

Afterwards he received electric bill allegedly showing outstanding and showing wrong service connection No. Then he lodged a complaint to the Assistant Director, Consumer Affairs & Fair Business Practices, Uttar Dinajpur on 27.05.2014. As there is no result then he lodged the complaint to this Forum with the above mentioned prayer for relief and for appropriate order.

O.P. contested the case by filing W.V., while stating inter alia that the complaint is not maintainable, frivolous and fictitious in nature. That he is enjoying the electricity in his premises from service connection on and from 10.07.2012 uninterruptedly without paying charges of monthly electricity bill. It is a fact that O.P. raised bill on 16.02.2014 for Rs.20,141/- for the period 10.02.2012 to 16.02.2014 for 19 (nineteen) months after deducting tariff relief as per average basis and subsequently electricity bill issued on average basis due to not showing of display into the meter of the petitioner. That the amount charged and outstanding due are not excessive and are due to be paid by the complainant. Therefore, O.P. prays for dismissal of the complaint.

The complainant has submitted memo of evidence supported by affidavit, answer of questionnaires, photocopies of electric bills, yellow cards, letter of correspondences etc.

The O.P. to contest the case filed written version and questionnaires.

DECISIONS WITH REASONS

We carefully perused the complaint, W.V., evidences and documents and heard arguments advanced by the parties.

At the time of hearing arguments O.P. admits that the meter installed was defective with non-functioning of display panel as such the staff of the O.P. was not able to take meter reading and bill was raised on 16.02.2014 for Rs.20,141/- for 10.02.2012 to 16.02.2014 on average basis. Subsequently, O.P. raised another bill for the subsequent period on average basis for the period from 17.02.2013 to 15.03.2015 showing total dues of Rs.34,217.27. Complainant has also admits that he consumed electricity throughout the period and he received the above mentioned bill. He also admits that the defective meter was also replaced by the O.P. on 19.03.2015. At the same time the complainant prays that he is unable to pay such a huge amount at a time as he is a poor farmer and enjoys electricity in his pump set for the purpose of agriculture. The O.P. admits that the bill raised mentioned above is an accumulated bill showing the whole outstanding at a time due to non-collection of meter reading in time for defective display of meter.

After hearing both the sides and on perusal of the case record as well as the documents filed in support of their respective claim, we find that it is definitely deficiency in service on the part of the O.P. as they failed to replace the defective meter which was not functioning from the very beginning. Therefore the O.P. failed to raise the actual meter reading and raised bill on average basis. Even the O.P. did not issue the electric bills on regular interval to the consumer for making payment regularly by the complainant. On the other hand O.P. raised abruptly an outstanding bill with heavy amount. Therefore, O.P. as a service provider was/ is negligent and deficient in service. It is also fact that the complainant as a consumer enjoying electricity uninterruptedly throughout the period and certainly without paying electricity charges on regular basis. Therefore, the complainant is able to prove his case but in part.

The complainant prays that he has no financial capacity to repay the outstanding bill at a time. At this stage O.P. also admits the fact and has no objection if the outstanding amount is paid in easy installments. 

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case being No. CC - 114/2014 is allowed on contest but in part. The O.P. is directed to prepare electricity bills showing outstanding amount total of Rs.34,217.27 for the period 17.02.2013 to 15.03.2015 in fifteen (15) equal installments. The complainant is directed to repay such amount accordingly along with current electric bill.

As the meter has already been replaced on 19.03.2015 there is no order for replacement and there is also no order for cost and compensation.

Both parties are liable to comply such order and if there is violation by any of them, the aggrieved party is at liberty to put this order into execution.

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