The instant case was instituted on the basis of a petition under Section 12 of Consumer Protection Act, 1986 filed by one Monoj Agarwala, Son of Late Bihari Lal Agarwala, resident of Mohanbati, P.O & P.S- Raiganj Dist.-Uttar Dinajpur which was registered as Consumer Case No. 46/18 in this Forum.

The fact of the case as revealed from the petition of complaint as well as from the evidence is that the father of the complainant known by the name Bihari Lal Agarwala now deceased was a bonafide consumer of the O.P.No-2 that is Raiganj Group Electric Supply bearing consumer id No. 432053936 for a long time and the meter number is B02994041.

After the demise of said Bihari Lal Agarwala the complainant began to enjoy the said electric connection as a son of Bihari Lal Agarwala without changing the name and used to pay all the electric bills raised by the O.P.No-2.

In the year 2012 to 2014 the O.P.No-2 raised an abnormal electric bill amounting to Rs.98787.00/- including LPSC charges amounting to Rs.13054.00/-. It has been stated by the complainant that the delay of payment was not on the part of the fault of the complainant as O.P.No-2 failed to raise electric bill in due time, due to fault of electric meter and non taking meter reading in due time. Inspite of such inflated bill the complainant paid all the bills raised by the O.PNo-2 except L.P.S.C charges amounting to Rs.13054.00/- as because the complainant was not responsible for non making payment in due time. Inspite of that the complainant also made a prayer for exemption of said L.P.S.C charges. Accordingly, the O.P.No-2 verbally allowed the prayer of the complainant on 11/04/2012 by putting note upon the electric bill to the effect that LPSC is waived.

Thereafter, the complainant began to pay the current bills except the said L.P.S.C charges. But in every bill the O.P.No-2 used to add said L.P.S.C charges and now the LPSC charges has come to the amount of Rs.34205/-. During the said period the complainant continuously made contact with the O.P.No-2, so that the O.P.No-2 passed a definite order for exempting the said amount. But ultimately the L.P.S.C was not waived.  As such the complainant through his Ld. Lawyer sent a notice on 17/04/2018 but the O.P.No-2 neither make nay reply nor pass any order for exempting the said L.P.S.C charges. But on the contrary the O.P.No-2 verbally threatening to the complainant to disconnect the electric line and not to receipt the current bill if the complainant fails to deposit the L.P.S.C charges amounting to Rs.34205/-. Thereafter finding no other alternative the complainant came before this Forum with a prayer for direction to the O.P.No-2 to pass a clear order for exempting to LPSC charges amounting to Rs.34205/-, compensation of Rs.5000/- for mental pain and agony and Rs.5000/- for litigation cost.

The petition has been contested by the O.P By filing W.V denying all the material allegations as labeled against the O.P contending inter alia that the instant case is not maintainable and the case is also barred by estoppels, waiver, acquiescence and barred by limitation.

The definite defence case is that original Bihari Lal Agarwala was the consumer and he is enjoying the electric connection and till now no information was lodged by the side of the complainant regarding the death of the original consumer Bihari Lal Agarwala. Actually, the said consumer is always irregular payment of monthly electric bills. Due to irregular payment the huge outstanding bill of L.P.S.C charges was imposed as per guideline of WBERC. The complainant as yet not paid the L.P.S.C charges, as such the said amount was demanded by the O.P.No-2. So, considering such facts and circumstances the instant case is liable to be dismissed.

In order to prove the case the complainant (Monoj Agarwala) was himself examined as PW1 and he was cross examined and he filed some documents as per firisti. On the other hand the Smt. Priyangbada Sarkar was herself examined as OPW 1 and she was also cross examined.

Now, the point for determination as to whether the complainant is entitled to get any relief from this forum or not?

             D E C I S I O N  W I T H  R E A S O N S:

At the time of argument the Ld. Lawyer of the O.P submitted that original consumer was Bihari Lal Agarwala and his name is recorded in the office of the Electricity Department. As regard to the death of Bihari Lal Agarwala, the original consumer no information was lodged by the present complainant, so how the department will know that Monoj Agarwala is consuming the electricity as a consumer.

On the other hand the Ld. Lawyer of the complainant argued that electric bill which was issued in the name of Bihari Lal Agarwala was paid by present complainant Monoj Agarwala and the bill was accepted by the Department, so by such acceptance of such electric bills indicate that the present complainant is a consumer under the O.P.No-2. As such the acceptance of electric bills indicate that Monoj Agarwala is now became a consumer. According to the definition of consumer of Indian Electricity Act 2003 “consumer” means any person who is supplied with electricity for his own use by a licensee or the Government or by any other person engaged in the business of supplying electricity to the public under this Act or any other law for the time being in force and includes any person whose premises are for the time being connected for the purpose of receiving electricity with the works of a licensee, the Government or such other person, as the case may be. So, according to the definition of consumer also includes any person whose premises are for the time being connected for the purpose of receiving the electricity with the works. So, definitely Monoj Agarwala is became a consumer.  Though, Monoj Agarwala should inform the fact about the death of his father to the Electricity Department as his father was the recorded consumer.

Next point is to be considered regarding the waive of L.P.S.C. The Ld. Lawyer of the complainant draws the attention of the electric bill dated 03/04/2014 wherein we find a note sheet “make a note sheet for L.P.S.C waive and -138 units adjustment” and this note sheet was sent to the O.P.W1 and she was confirmed that this note sheet was given by her predecessor in office Rajdeep Ghosh and she know his hand writing. But the main problem arises whether the Assistant Engineer has any authority to waive the L.P.S.C? On perusal of the cross examination it is found that the Regional Manager is the sole authority to waive the L.P.S.C and she further stated that the note sheet as mentioned was not approved by the competent authority i.e the Regional Manager and where L.P.S.C has not been waived by the competent authority i.e the Regional Manager, so the making note in the electric bill has become in fractuous. But it is not understood why the Assistant Engineer make note over the electric bill in presence of the consumer. He should make such note in a separate sheet and such official matter should not be disclosed to the consumer. Such note definitely indicates that the consumer was in hope that his L.P.S.C may be waived. As and when it is found that the L.P.S.C has not been waived, so this Forum cannot waived this L.P.S.C. However, when the complainant (Monoj Agarwala) got a preliminary assurance on a note over the bill, as such the Regional Manager of W.B.S.E.D.C.L is requested to look into the matter whether the L.P.S.C can be waived or not. If waived, to what extent.

 Let a copy of this order be sent to the Regional Manager for consideration of the above fact as stated above. So, considering such facts and circumstances the instant case is liable to be dismissed.

 C.F. paid is correct,

 Hence, it is,

                                O R D E R E D:

 That the complainant case being No. CC-46/18 be and the   same is dismissed on contest but without any cost.

Let a copy of this order be sent to the Regional Manager of WBSEDCL, Raiganj for information and taking necessary action along with the note of Assistant Manager for making note sheet of L.P.S.C waive dated.11/04/2014 in respect of the bill dated 03/04/2014.

Let a copy of this order be given to the parties free of cost on proper application.