This is an application U/s 12 of the C.P.Act filed by the petitioners praying for directing Op no.2 , the Station Manager , Boinchee C.C.C. for technical enquiry of the electric meter and change the electric meter if it is faulty and an order directing instalment in payment of due bill amount.
The case of the petitioners is that they are the sons and grand son of late Abdul Kasim Sarkar who was a consumer under the oPs with consumer no. A060432 having service connection no. DR 2615 under Boinchee C.C.C. Generally the consumption bill stands in between Rs.100/- to Rs.300/- per month as appeared from the bill for the month of December, 2012 to February 2013. But the Op claimed absurdly high amount bill being Rs.1233/- for June, 2013 and Rs.1246 /- for July 2013 and Rs.1269/- for August 2013 even though the actual consumption was not there. The petitioner went to the office of the oP and requested Op to examine the matter but he did not pay heed to him. The petitioners served legal notice on the oP and then filed this case.
The Op/WBSEDCL contested the case by filing a written version wherein they denied the material allegations of the claim petition and submitted that the case is not maintainable and the petitioner has no cause of action to file this case.
The meter of the petitioner was checked and found okay and from June 2012 to August, 2012 the consumption shown been 686 units and the bills were paid by the legal heirs of the deceased consumer . Present petitioners are not consumer and so the case is liable to be dismissed.
On the above case of the parties the following issues are framed.
Whether the case is maintainable in its present form ?
Whether the petitioner have any cause of action to file the case ?
Whether the petitioner are entitled to get the relief as prayed for ?
DECISION WITH REASONS :
All the points are taken up together for the sake of convenience and brevity of discussion and also to skip of reiteration.
In support of their case the petitioner no. 1 Mojammel Haque filed affidavit in chief and submitted that they are the sons and grand son of late Abdul Kasim Sarkar who was a consumer under the oPs with consumer no. A060432 having service connection no. DR 2615 under Boinchee C.C.C. Generally the consumption bill stands in between Rs.100/- to Rs.300/- per month as
appeared from the bill for the month of December, 2012 to February 2013. But the Op claimed absurdly high amount bill being Rs.1233/- for June, 2013 and Rs.1246 /- for July 2013 and Rs.1269/- for August 2013 even though the actual consumption was not there. The petitioner went to the office of the oP and requested Op to examine the matter but he did not pay heed to him. The petitioners served legal notice on the oP and then filed this case. He also filed the electric bills for June 2013 to November 2013 and also lawyer’s letter and all the above evidences proved the fact that their father deceased Abdul Kasim Sarkar was consumer in respect of the Consumer no. A060432 but in the instant case they prayed for change of meter and also alleging the excess amount of bill which cannot be decided by this Forum as this District Forum has no power to entertain such disputes regarding meter and bill as our Apex court in the case of CESC Ltd. –Vs- N.M.Banka and Ors. opined that in the case of meter and bills regarding their correctness the proper approach by the consumer be before the Electrical Inspector designated and not the Consumer Forum and in this case there is no evidence that the petitioners approached the Electrical Inspector designated. Rather the petitioner approached the Forum instead of going before the Electrical Inspector designate . In view of above the forum cannot entertain such claim and
the petitioner must approach before the proper forum i.e. Electrical Inspector designate.
In view of the above the claim case fails.
Court fees paid is correct.
Hence ordered
That the Claim case no. 51 of 2014 be and the same is dismissed on contest but without cost.
Let a copy of this order be made over to the parties free of cost.
