Consumer Complaint No. 56 of 2016
Date of filing: 01-04-2016 Date of disposal: 13-01-2017
Present :
Sri Asoke Kr. Mandal Hon’ble President,
Smt. Silpi Majumer Hon’ble Member,
Lakshan Sarkar, S/o. Late Gopinath Sarkar,
Vill. South Srirampur, P.O. Srirampur, P.S. Nadanghat,
Dist.-Burdwan. Pin-741316. Complainant
VERSUS
- West Bengal State Electricity Distribution Corporation Ltd.,
Samudragarh Electric Supply,
Represented by its Station Manager,
Having its office at Samudragarh,
P.O. Nasaratpur, P.S. Nadanghat,
Dist.-Burdwan, Pin-713316.
- West Bengal State Electricity Distibution Corporation Ltd.,
Represented by its Secretary, Bidyut Bhawan,
Block DJ Salt lake City, Kolkata- 700091. Opposite Parties.
Appeared for the complainant : Ld. Advocate Suvro Chakraborty.
Appeared for the O. P. Nos. 1 & 2 : Ld. Advocate Biswanath Nag.
JUDGEMENT
This is a case U/s. 12 of the C.P. Act for an award directing the O.Ps. to correct the bill dt. 29.12.2015 and 08.01.2016 issued in the name of the complainant, to reconnect the electricity line in the premises of the complainant without taking any reconnection-disconnection charge from the complainant, and to pay Rs.70,000/- as compensation & to pay Rs. 20,000/- as litigation cost, to the complainant.
The complainants’ case in short is that the complainant used to consume electricity being the consumer of the O.Ps. having ID No.516021433 and Domestic Meter No. L2286625 installed in the premises of the complainant, by paying electric bills regularly raised by the O.Ps. The men/agent of the O.Ps. used to take the meter reading of the above mentioned meter and used to note down in the yellow card. The complainant observed that the meter showed the reading abnormal since the month of December, 2014 because on 28.12.2014 the reading was 816 units but on 29.03.2015 the meter reading was 2742 units. The complainant lodged a complaint before the Zonal Office, Burdwan on 30.03.2015 and the same was registered as complaint No. 38010512 dt. 30.03.2015 but no action was taken by the O.Ps. On 06.04.2015 the complainant lodged a written complaint before the O.P. No. 1 but in this time also the O.P. No. 1 did not take any steps. On 07.04.2015 the meter reading was noted in the yellow card as 2870 units. The complainant repeatedly requested the O.Ps. to replace the meter. On 20.04.2015 the O.P. No. 1 replaced the meter and on such date the reading of the old meter was 2891 units and the reading of the new meter was 0000 unit. On 05.07.2015 the readings of new meter and old meter were 122 and 3014 respectively and 29.09.2015 the old meter reading was 3146 units. Inspite of raising objection by the complainant, the O.Ps. illegally disconnected the service connection of the complainant on 20.12.2015 with ulterior motive without serving any notice and sent two bills dated 29.12.2015 and 08.01.2016 through their men on 09.01.2016 raising Rs. 15,380/- and Rs. 15,675/- respectively. Those bills are illegal and irregular. The O.Ps. did not issue electric bills for long period. For unfair trade practice on the part of the O.Ps. the complainant has been harassed. The O.Ps. are legally bound to reconnect the service connection of the complainant and to issue correct bills replacing the bills dated 29.12.2015 and 08.01.2016. Hence this case with the prayer as mentioned above.
The O.Ps. contested this case by filing written version jointly while stating inter-alia that the complainant has no cause of action and the complainant is not a consumer under the O.Ps. It has been further stated by these O.Ps. that the O.Ps. have/had no deficiency in service, the electric service connection having Consumer ID No.516021433 stood in the name of complainant Lakshan Sarkar of South Srirampur, P.O. Srirampur within the District Burdwan, since installation all along the energy bills were being raised as per meter reading i.e. as per actual consumption but the complainant lodged a complain on 06.04.2015 vide docket no. 38010512 against meter reading of 2742 units taken on 29.03.2015, giving effect to such complaint, the staff of the O.P. visited the premises of the complainant on 07.04.2015 and on checking it was detected that the meter was o.k. with meter reading 2780 units in presence of the complainant and the complainant put his signature on complaint docket hand over report but for consumer’s satisfaction against his old meter No. L2286625, one new meter was installed in series on 20.04.2015 noting down the readings of old meter and new meter 2891 and 0 respectively in yellow card, again on 05.07.2015 after checking the readings were found 3014 and 122 units in old meter and new meter installed in series respectively, so it was proved that the old meter was functioning properly, by issuing letter dated 08.07.2015 vide Memo No. SMG/CCC/61/568, the complainant was asked to pay the outstanding dues with intimation that the old meter was functioning properly, but the complainant did not pay the outstanding dues, as such the service connection was disconnected. It has been further stated by these O.Ps. that in view of the provision of Section-42(5) and 42(6) of the Electricity Act, 2003 and the Rules & Regulations framed there under, this Forum has no jurisdiction to try this case. It is therefore, claimed by these O.Ps. that this case is liable to be dismissed with cost.
DECISION WITH REASONS
To prove his case the complainant has submitted photocopies of related yellow card, money receipt showing payment of bill for the consumption period from the months of October,2014 to December, 2014, electric bill dt. 29.12.2015, electric bill dt. 08.01.2016 and letter dt. 06.04.2015 and also his evidence on affidavit. On the other hand the O.Ps. have only relied upon the contents of their W.V. supported by affidavit. The O.Ps. have submitted their written argument.
We have carefully perused the materials on record. It is admitted by the parties that the complainant used to consume electricity being the consumer of the O.Ps. having ID No.516021433 and Domestic Meter No. L2286625 installed in the premises of the complainant, by paying electric bills regularly, raised by the O.Ps. for the consumption period ending with the month of December,2014. It is not disputed that the men/agent of the O.Ps. used to take the meter reading of the above mentioned meter and used to note down in the connected yellow card. The copy of the related yellow card has been produced in this case. The complainant has brought a specific case that the meter in question showed the reading abnormally since the month of December, 2014 and the reading of 816 units as shown on 28.12.2014 as well as the reading of 2742 units as shown on 29.03.2015 will show such abnormality. So as per case of the complainant the electric meter in question became out of order since the month of December, 2014. On the other hand the O.Ps. have taken a plea that since installation all along the energy bills were being raised as per meter reading i.e. as per actual consumption but the complainant lodged a complain on 06.04.2015 vide docket no. 38010512 against meter reading of 2742 units taken on 29.03.2015, giving effect to such complaint, the staff of the O.P. visited the premises of the complainant on 07.04.2015 and on checking it was detected that the meter was o.k. with meter reading 2780 units in presence of the complainant and the complainant put his signature on complaint docket hand over report and subsequently for consumer’s satisfaction, against his old meter No. L2286625, one new meter was installed in series on 20.04.2015 noting down the readings of 2891 and 0 of old meter and new meter respectively in yellow card, again on 05.07.2015 after checking the readings of 3014 units and 122 units in old meter and new meter installed in series respectively were found, this fact showed that the old meter was functioning properly and giving correct reading. It has been specifically stated by this O.Ps. that by issuing letter dated 08.07.2015 vide Memo No. SMG/CCC/61/568, the O.Ps. intimated such fact to the complainant and asked the complainant to pay the outstanding dues but the complainant did not pay the outstanding dues and as such the service connection was disconnected.
Now the questions whether the electric meter in question was functioning properly in the period from 29.12.2014 to 29.03.2015 and whether there was any deficiency in service on the part of the O.Ps. in this connection.
The complainant has admitted that the meter was functioning properly upto 28.12.2014 by giving reading of 816 units and he has paid the bills raised upto such reading of 816 units. Only meter reading of 2742 units taken on 29.03.2015, has been challenged by the complainant stating that the meter was running abnormally since the month of December,2014. The complainant has stated in his complaint that he made complaint against such reading on 30.03.2015 and the same was registered as complaint No. 38010512 dt. 30.03.2015. But the complainant has adduced no corroborative evidence nor documentary evidence in this connection. Moreover the complainant has admitted the specific case of the O.Ps. that the complainant on 06.04.2015 lodged a written complaint before the O.P. No. 1 against meter reading of 2742 units taken on 29.03.2015. Surprisingly the docket number (38010512) dt. 06.04.2015 as claimed by the O.Ps. is identical to the complaint number as claimed by the complainant. This fact shows that the complainant has made false statement in this connection. The copy of yellow card supports the case of the O.Ps. that the complainant lodged a complain on 06.04.2015 vide docket no. 38010512 against meter reading of 2742 units taken on 29.03.2015 and giving effect to such complaint, the staff of the O.P. visited the premises of the complainant on 07.04.2015 and on checking it was detected that the meter was o.k. with meter reading of 2780 units in presence of the complainant. The complainant has not denied specifically the further case of the O.Ps. that giving effect to the complaint dt. 06.04.2015, the staff of the O.Ps. visited the premises of the complainant on 07.04.2015 and on checking it was detected that the meter was o.k. with meter reading 2780 units in his presence and he put his signature on complaint docket hand over report but for consumer’s satisfaction against his old meter No. L2286625, one new meter was installed in series on 20.04.2015 noting down the readings as 2891 units and 0 unit of old meter and new meter respectively in yellow card, again on 05.07.2015 after checking the readings were found 3014 and 122 units in old meter and new meter installed in series respectively. The copy of yellow card supports this case of the O.Ps. the meter reading taken on 07.04.2015, 20.04.2015, 05.07.2015 & 29.09.2015 supports the case of the O.Ps. that the meter in question was in order and the same gave perfect reading on 29.03.2015. In above mentioned matter we find no deficiency in service on the part of the O.Ps. It is admitted that the complainant did not pay the outstanding dues of electric energy consumed by him within the period starting from 29.12.2014 and ending with the date disconnection of electric meter in question. The date of disconnection has not been supplied by any of the parties. But disconnection has been admitted by the parties.
The complainant brought further case that the O.Ps. did not raise bills for a long period, they without serving any notice disconnected the electric meter in question and they raised two electric bills dt. 29.12.215 and 08.01.2016 illegally claiming huge amount. Nothing is coming to show that after taking meter reading on 29.03.2015, 07.04.2015, 20.04.2015, 05.07.2015 and 29.09.2015 the O.Ps. raised bills and they issued disconnection notice to the complainant before the disconnection of electric meter in question. The copies of subsequent bills dt. 29.12.215 and 08.01.2016 have been filed in this case. We carefully peruse such copies of the bills. It appears that in the bill dt. 29.12.2015, the previous reading 2120 units on 19.06.2015 has been shown and on such basis unit calculation etc. have been made and also in the bill dt. 08.01.2016, the previous reading 3146 units on 21.09.2015 has been shown and on such basis unit calculation etc. have been made. The contents of these two bills are not corroborated by the contents of the related yellow card. The yellow card shows that the meter reading on 29.03.2015 was 2743 units. Then how, the previous reading 2120 units on 19.06.2015 is possible. In the above premises we are of the opinion that bills dt. 29.12.215 and 08.01.2016 were prepared arbitrarily. The O.Ps. have claimed that the letter dated 08.07.2015 vide Memo No. SMG/CCC/61/568 is also the notice of disconnection. The copy of letter dated 08.07.2015 vide Memo No. SMG/CCC/61/568 or the office copy of such letter has not been submitted in this case. So the Forum is in dark as regards contents of such letter. Accordingly the Forum is not satisfied that letter dated 08.07.2015 vide Memo No. SMG/CCC/61/568 was also the disconnection notice. In view of the above we are of the opinion that the bills dt. 29.12.215 and 08.01.2016 are arbitrary and the disconnection of electricity service connection in question, is irregular but as the electric meter in question was in order all along since before 28.12.2014 upto the date of disconnection, the complainant has liability to pay the outstanding dues which will be calculated consolidating the meter reading (2743 units) as on 29.03.2015 in the electrc meter in question and the meter readig as on the date of disconnection of such electric meter and adding other charges permissible by the Electricity Act 2003 and Rules & Regulations framed there under. In view of the above we are also of the openion that the O.Ps. has liability to restore the service connection in the premises of the complainant on receipt of such outstanding dues from the complainant without claiming any reconnection charge and the complainant is not entitled to get compensation and litigation cost as prayed for.
Accordingly, the complaint succeeds in part.
Fees paid is correct. Hence, it is
Ordered
that the C.C. No.56/2016 is allowed in part without any cost,
that the complainant do get an award directing the O.Ps. jointly or severally to raise fresh electric bill in place of arbitrary bills dt. 29.12.215 and 08.01.2016, claiming outstanding dues which will be calculated consolidating the meter reading (2743 units) as on 29.03.2015 in the electric meter in question and the meter reading as on the date of disconnection of such electric meter and adding other charges permissible by the Electricity Act 2003 and Rules & Regulations framed there under and to hand over the same to the complainant on proper receipt within 30 days from this day, for payment within 45 days from the date of receipt of such bill and also to restore the service connection of electricity in the premises of the complainant on receipt of such entire outstanding dues from the complainant, within 15 days without claiming any reconnection charge, failing compliance of the direction given to the O.Ps. the complainant shall be at liberty to put this award in execution and failing payment of such outstanding dues by the complainant within the specified time, the case shall stand dismissed without cost.
Let the copies of this order be supplied to the parties free of cost.
Dictated and corrected by me, (Asoke Kr. Mandal)
President
D.C.D.R.F., Burdwan
(Asoke Kr. Mandal)
President (Silpi Majumder)
D.C.D.R.F., Burdwan Member
D.C.D.R.F., Burdwan
