The brief fact of the complaint is that the complainant is a consumer of the O.Ps as he is consuming electric energy in his house. His I.D No. was 423032138, Meter No.EE-547303. He has been paid the electricity bill as per following rates up to November, 2014
Annexture
- For June - 2014 Rs.290/- ………. (A)
- For July - 2014 Rs.272/- ………. (B)
- For Aug - 2014 Rs.265/- ………. (C)
- For Sept. - 2014 Rs.350/- ………. (D)
- For Oct &
Nov. – 2014 Rs.620/- ………. (E)
The average consumption of electricity by the complainant is more or less Rs.300/- per month but since December, 2014 the Electricity Authority has been issuing irregular and capricious bill in lieu of systematic and periodic meter reading. While the complainant attended the Office of O.P.No.3 (Birpara CCC) to deposit his electric bill since December,2014, January and February,2015. Annexure-(G) the O.P No.3 declined to accept the payment on the plea that the complainant has an outstanding amount of Rs.5678/- and Rs,7458/- which would be deposited prior to December,2014. On hearing the said outstanding amount, the complainant became perplexed and finding no other alternative, the complainant demanded the bill of the said outstanding but Electricity Authority failed to supply it. Though the electricity authority demanded to pay the outstanding electricity bill but the bill for December, 2014, January and February, 2015 has no reference about outstanding amount. It has been mentioned in the bill Rs. 0.00. According to complainant, the outstanding dues claimed by electricity authority appear to be disguised and illegal and the O.P.No.3 cannot make any demand of outstanding dues as per Electricity Act. Moreover, prior to installation of new meter on 18/12/2013 the complainant deposited all the electric bill and if there had been any outstanding bill, the new meter would not have been installed. The complainant redressed his grievance by a petition before Electricity Authority i.e. Circle Manager, WBSEDCL, Cooch Behar ( Now Regional Manager) on 24/07/2015 by registered post but no steps have been taken to that effect ( Annexure-H).
As such, the complainant has prayed before this Forum for cancellation of the outstanding bills amounting to Rs.5678/- and Rs.7458/-and a direction to the electricity authority to accept the electric bill since December, 2014 and onwards and for updating the yellow card. The complainant has also prayed for litigation cost of Rs.5000/- and a compensation of Rs.5000/- towards harassment and mental agony.
The O.P.No.3/Station Manager, Birpara has submitted a Written Version in this case denying the material allegations contending, inter alia, that the case is not maintainable in its present form and it is barred by limitation. The case is bad for non-joinder of necessary parties viz D.E & D.M of Alipurduar Division. According to O.P, the complaint is misleading and confusing. The complainant willfully withheld the regular bill as mentioned herein:
-
Annexure/Meter No. Bill date Month Amount. Unit estimated Consumed Outstanding
- EE 547303 24/12/14 Dec,14,Jan,15
& Feb,15. Rs.1,108.00 204 - Rs.0.00
- EE 547303
&
G 1487578 19/03/15 Marth.15 to
May,15 Rs.6,350.00 - 905 Rs.1,108.19
(with adjustment 323 Unit
of Old Meter.)
- G 1487578 16/6/15 June,15 to
Aug,15. Rs. 982.00 - 186 Rs.7,458.83
- “ 01/09/15 Sept,15 tp
Nov,15. Rs.2,151.00 - 369 Rs.8,441.42
- “ 03/12/15 Dec,15 to
Feb,16 Rs.1.181.00 - 218 Rs.10,593,32
- “ 04/03/16 March,16
May,16 Rs. 592.00 - 112 Rs.11,774.95
Total Outstanding Rs.12, 367.00
The said outstanding bills were shown at the foot note of each bill, but the complainant took the opportunity of non functioning of Meter for a period of 5(five) months and he consumed electricity without any break. According to O.P, the complainant did not inform O.P for replacing his meter which displayed 000. Due to shortage of regular staff of WBSEDCL, the meter reading was taken by the engaged contractor and his staff. But in this case, they did not report the matter of non-functioning of new meter and they took average reading. The O.P requested the complainant to pay the bill for consumption of electricity according to the said bill. The complainant suppressed the material fact i.e old meter being No. EE-547303 was replaced on 13/07/2014 with FR 11261 and new meter G-1487578 with IR 00 was installed. But it is does not mean that all the previous bill of the complainant in his old meter was cleared up as claimed by complainant. Actually the complainant took an advantage while his new meter did not function properly and displayed no consumption reading though the power consumed by the complainant. It is because new meter did not enter into the system due to technical defect but they regularized the bill on 19/03/2015 and 325 units was adjusted.
It has been admitted by the O.P that the complainant is a consumer but he is a defaulter of payment of monthly bill. The payment of bill was normal as per old meter reading. The complainant did not file the meter reading card with malafidy intention. The O.P had taken a lenient view that no disconnection of electric line would be made of the complainant due to nonpayment of regular bill. Though the complainant has been receiving electric bill regularly but he did not make any Endeavour to pay the said bill. The O.P denied that the bills were prepared by them in this case. Actually the bill was prepared from the Office of Divisional Engineer-Cum-Manager.
The O.Ps have further averred that the complainant is a defaulter regarding the payment of bill for month’s together and the complainant did not file the meter reading card with malafide intention and the O.Ps have averred that sub sec 2 of Sec 56 of the Electricity Act 2003 is not applicable in this case and after gap of bill for 5 months, regular bills have been sent to the complainant and outstanding of previous amount were brought forwarded regularly with foot noting. So, complainant is not immune from payment of bill for electrical consumption received by him from time to time. The O.P denied that prior to installation of new meter on 18/12/2013; the complainant deposited all the electric bills.
In this context the O.P has prayed for dismissal of the case.
Both the parties have filed documents in support of their case. The complainant and the O.P have filed evidence on affidavit which appears to be the re-iterated version of complaint and the Written Version of O.P respectively. The complainant’s documents have been marked as Annexure- A, B, C, D,E,F, G, H, I, J, K, L, M and the documents of O.P have been marked as Annexure- 1,2,3,4,5 and 6 respectively.
Heard argument of both sides at a length. We meticulously gone through the documents filed by the parties. Though the complainant has filed written argument but O.P No.3 did not file any written argument. The Ld.Agent for said O.P verbally submitted that their written version would be treated as written argument.
In this context, the following points were necessarily come up for consideration to reach a just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Point No.1
The complainant has an electric connection in his house since long having meter No. EE 547303/N and Consumer I.D No.423032138. Thus, the relation between the parties, so established from the record is that the complainant is a Consumer of electric energy under WBSEDCL as per Sec.2 (1)(d)(ii )of Consumer Protection Act,1986. So, this point is decided in favour of the complainant.
Point No. 2.
The O.P No.3 has its own office at Birpara, P.O.Birpara, Dist.Alipurduar and the complaint’s value is far less than the prescribed limit of this Forum. Thus, this Forum has territorial as well as pecuniary jurisdiction to try this case.
This point is also decided in favour of the complainant.
Point No.3 and 4-
Both the points are taken up together for the sake of convenience and discussions.
We have meticulously gone through the evidence of both sides as well as the documents filed by the parties in support their respective cases.
Without any elaboration of the claim of the complainant and the context of the Written Version, only on proper scrutiny of the pleadings it can be said without hesitation that the O.P No.3/Station
Manager/Appropriate authority prepared the electric bill without any symmetry of previous meter and with new meter installed in this case on 13/07/2014 (the Number of Old Meter (IR-3120) was EE-547303 and new meter was replaced being No.G/147578 (IR 00). On proper scrutiny of the record it reveals that dispute arose in this case about the payment of the bill since December, 2014 and onwards. It is the averment of the complainant that he had diligently paid the electric bill up to November, 2014. It further appears that Electricity Board (O.P.No.3) issued a bill on 24/12/2014 amounting to Rs.1114/- (Annexure-1 of O.P) as well as Annexure-G of complainant) and it shows in the meter No.EE- 547403 the previous meter reading was 11382 and present meter reading was 11586 i.e unit 204. Whereas, it has been mentioned in foot note that outstanding was 0.00. Now, the question arises if the meter of the consumer was defective and due to that reason, the old meter was replaced on 13/07/2014 by installing another New Meter being No.G/1487578 ( I R 00 ) then how electricity authority calculated the meter reading from the said previous meter i.e EE-547303 on 24/12/2014. It is palpably clear that the meter reading have been mentioned erroneously without any basis. The O.P could not satisfy on the point before this Forum, how the said bill was prepared on observing the meter while admittedly the new meter was replaced on 13/07/2014.
Further on going through the Annexure- 2 of O.P, it appears that in bill dated 19/03/2015 the outstanding amount was mentioned therein Rs.1108.19 showing the old meter. It is not understandable if the new meter was replaced in the month of July, 2014 then how the meter reading was taken to prepare the said bill mentioning the outstanding amount. If we further scrutinize the Annexure- 3 of O.P, we will find that the said bill was prepared only mentioning the new meter No. being G-1487578 and it was mentioned therein that previous reading was 1230 and present meter reading 1416 while outstanding amount was mentioned therein Rs. 7458.83. If we simultaneously compare the above said bill with the yellow card filed by complainant (Annexure-F) it is found that the meter card being no.1514908 dated 11/03/2015, the reading was 1230 which is fitted with the meter reading as mentioned in Annexure-3, 4, 5 and 6 which have been filed chronologically mentioning the meter reading since 1230. Be it mentioned that the complainant has regularly paid his electricity bill up to November, 2014 by filing Annexure- A, B, C, D and E respectively. The complainant’s allegation was substantiated by showing Annexure- H that the complainant has made redressal on 24/07/2015 before the Electricity Board (Grievance Redressal Office) to that effect, but no fruitful result was yielded. In our esteemed view the Electricity Board neither made any correction nor take appropriate steps inspite of giving redressal through his Ld.Agent before the Grievance Cell. It is more interesting to mention after installation of the new meter in the premises of complainant, the complainant deposited the electric bill up to November, 2014 inspite of new meter installed therein. Whatever it may be, we find that this is a clear case of deficiency of service on the part of the Electricity Board.
Therefore, we have no other alternative but to allow the prayer of the complainant. That’s why we are in view that the bill amounting to Rs.5678/- (Annexure-M) and another bill of Rs.7458/- (though no such amount of bill has been filed by complainant) i.e. totaling Rs.13, 136/- should be cancelled. The O.Ps are directed to make appropriate steps to cancel the said bill and accept the electric bill in regular way which the complainant has been actually consuming in comparison with the previous six months bills since December, 2014 and onwards. The O.Ps are also directed to make correction by updating the yellow card in the new meter being No.G/1487578 (IR 00). In addition to that the O.Ps are directed to replace/repair the new meter in case it is faulty or non-functioning.
Though it has been argued that Divisional Engineer/Divisional Manager of WBSEDCL have not been made parties but on scrutiny of case record it appears that Chairman-Cum-Managing Director and Regional Manager have been made parties in this case. So, we do not find any defect of parties.
Thus, the points are decided in favour of the complainant.
In the result, the complaint succeeds.
Hence, it is,
ORDERED
that the complaint case being CC/29/2015 be and the same is allowed on contest against O.Ps jointly with costs of Rs.5000/- within a month from this day.
The outstanding electric bill in the name of complainant amounting to Rs.5678/- and Rs.7458/- are treated to be cancelled and the meter reading would be assessed from Annexure-3 starting from the reading 1230 and regularize the electric bill of complainant since December, 2014 as per actual of consumption electric energy by the complainant in comparison with the previous six months bill. No arrear or outstanding amount be claimed hereinafter as the matter has been arisen out due to the negligence and deficiency of service on the part of O.Ps. The complainant is directed to pay the actual consumption of electric energy within a short period.
Due to such harassment and mental agony of the complainant, the O.Ps are directed to pay a compensation of Rs.5000/- to the complainant within a month from this day, failing which, the O.Ps shall have to pay a penalty of Rs.100/- for each day’s delay to the State Consumer Welfare Fund, West Bengal.HH
Let a plain copy of this Final Order be supplied to the concerned parties by hand/be sent under registered post with A/D forthwith for information and necessary action.
Dictated & Corrected by me-
