West Bengal

Birbhum

MA/52/2019

Damodar Mondal - Complainant(s)

Versus

WBSEDCL, Mayureswar Customer Care Centre - Opp.Party(s)

11 Sep 2019

ORDER

The record is put up for admission hearing and interim order U/S 13(B) of CP Act.

            Considering urgency the record is taken up for hearing treating the same as MA Case No. 52/2019.

One Damodar Mondal, of Vill. Bataspur, P.S. Mayureswar, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.P to pass and order directing the Op to check the meter and if it is found defective install a new meter and raise the electric bill as per consumption month by month and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.  The case has been filed in time. Register it. Full requisites have been filed.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

Perused the Complainant, documents and interim petition.

            Heard.

            We find prima facie case.

Let the case be admitted.

The petitioner also files a petition praying for passing an interim order directing the O.P is not to disconnect the electric line being Consumer Id No. 501360095.

Heard. Perused the petition filed by the Complainant and documents.

Heard LD. Advocate/Agent of the Complainant.

We find that the petitioner is the consumer under Ops for enjoying electric connection in his kilns for light and water vide Consumer Id No. 501360095, under the OP and as such the complainant is a consumer and the OP is the service provider of the complainant.

That the complainant runs the said kilns to maintain his livelihood and he was no other source of income except the income derived from the aforesaid kilns and as such he is a self-employed person.

 That the complainant has been paying electric bills so far raised by the OP time to time except the bill dated 15/06/2019 amounting to Rs. 89,476/- for the months of April, May and June, 2019.

That the said bill date 15/06/2019 is an exorbitant bills s 8594 units has been raised from 11/04/2019 to 15/06/2019 i.e. for 65 days which is beyond imagination. That the connected load of the service connection is 1.18 KVA and as such consumed of 132.21 units per day is absurd. Besides it will be revealed from the previous electric bill that complainant never consumption such a huge units in any point of time.

That after getting the electric bill dated 15/06/2019 the complainant had been submitted his written representation on 24/07/2019 to the office of the OP and in that letter he wanted to know that the reason of such huge consumption units has been raised as he never used such quantity of units.

                                                                                                                                            

That the OP did not take any step to check the meter in the premises of the complainant and in that place to install a defect free meter. That the said act of the OP is amounting to deficiency in service.

That the complainant is ready to pay actual electric bills if the same is raised properly after proper examination of the meter in the premises of the complainant.

That the OP threatened the complainant that according to WBSEDCL regulation in respect of recovery of outstanding dues the service connection vide consumer Id No. 501360095, will be disconnected if the outstanding amount not paid.

The petitioner several time requested to OP WBSEDCL about the defective meter and exorbitant bill of Rs. 89,476/- on 15/06/2019 and his last submitted written representation on 24/07/2019 before the OP and requested to quash the bill dated 15/06/2019 and to change the meter but all are in vain

That the complainant get written representation before the OP informing pors and cons on 24/07/2019, but the OP did not pay any heed on the request of the complainant.

That the petitioner requested the Ops not to order for disconnection of the valid connection of petitioner for illegal reason, but the Ops are denied to listen anything from the petitioner for their wrongful gain and for that petitioner have no other alternative, but to file a suit against the Ops for restraining them from disconnection of the electric connection of petitioner.

On careful scrutiny of the record and documents filed by the complainant we find substance that the complainants has got and exorbitant electric bill of the Rs. 89,476/- which is very much more then his average electric bill.

At this stage without going into merit of case, we thing electricity is an essential part of modern human life in the present day situation. We think ends of justice would be met up if the complainant is directed to pay lump sum amount to OP, and Op is directed not to disconnect the line and change the defective meter.

Accordingly prayer for interim order is allowed.

The complainant is directed to deposit Rs. 22,000/- to the OP WBSEDCL, Mayureswar Customer Care Centre Kotasur, P.S. Mayureswar, Birbhum, within 7 days from the day of this order and OP is directed not to disconnect the electric connection of the complainant being ID No. 501360095 immediate after payment of Rs. 22,000/-

            Deposited amount will be adjusted with electric bill of the complainant.

            The complainant is also directed to pay the current bill month by month/quarterly.

            Thus the MA is disposed of.

Fix. 11/11/2019 for S/R and appearance of the OP.

Interim order will be effective till 11/11/2019.

The copy of the order be sent to OP Mayureswar Customer Care Centre Kotasur, P.S. Mayureswar, and Birbhum through speed post for compliance.

Copy of his order be supplied to the parties each at free of cost.