Date of Filing – 12.07.2016

Date of Hearing – 20.06.2017

            The instant appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is at the behest of the Complainant to impeach the Judgement/Final Order dated 17.06.2016 passed by the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat (for short, Ld. District Forum) in Consumer Complaint no. 634/2015.  By the impugned order the consumer complaint initiated by the Appellant herein under Section 12 of the Act was disposed of with a direction upon the OP/Respondent to allow the complainant/appellant to pay Rs.14,947/- in three instalments apart from payment of monthly bill.

          The Appellant herein being Complainant lodged the complaint asserting that being a resident of Premises No.10/2, Devi Nagar 2^nd Lane, Birati, Kolkata – 700051, Dist – North 24 Parganas, he installed one electric meter being No.1761945 being Consumer ID. No. 1231299151.  In March, 2015 he loaded extra power for running AC machine.  The said AC machine was installed in April, 2015 and at that time the reading bill of the said meter was 4308 unit and as such he paid Rs.2,238/-.  However, in the month of April to June, 2015 a bill of Rs.14,947/- has been raised which is excessive.  The complainant took up the matter with the official of opposite party but it yielded no result.  Hence, the appellant approached the Ld. District Forum with prayer for certain reliefs regarding excessive amount of the bill.

          The Respondent being OP by filing written version has stated that the meter was a defective and on checking on 26.06.2015 it was found that there was slow pulsing in the meter.  On 11.01.2016 the technical personnel of the OP were sent for replacement of that defect meter and it was replaced by new meter being No.L4803916.

          After assessing the materials on record, the Ld. District Forum by the impugned Judgement/Final Order allowed the complaint with certain directions upon the OP, as indicated above.  Being aggrieved and dissatisfied with the said order, the complainant has come up in this Commission with the present appeal.

          I have considered the submission advanced by the Ld. Advocates appearing for the parties. I have also scrutinised the materials on record.

          Having heard the Ld. Advocates for the respective parties and on going through the materials on record, it would reveal that the Appellant is a ‘consumer’, who obtained electric connection from the respondent having Consumer ID No.1231299151 installed at Premises No.10/2, Debinagar 2^nd Lane, Birati, Kolkata – 700051, Dist- North 24 Parganas.  The record reveals that in the month of April, 2015 the appellant installed one AC machine in his house and prior to that in March, 2015 the loading power was increased to 2.95 KV.  The whole dispute cropped up in respect of a bill for the month of April to June, 2015 amounting to Rs.14,947/-.  The electric bill issued by Birati CCC of WBSEDCL for the period between April, 2015 to June, 2015 goes to show that though a bill of Rs.14,947.77p has been raised but it has been mentioned that the meter is seemingly defective.

        It is well settled that in view of the decision of Hon’ble Supreme Court in the case of U.P. Power Corporation Ltd. & Ors. reported in (2013) 8 SCC 491 the Electricity Act, 2003 and the Consumer Protection Act, 1986 runs parallel for giving redressal to any person, who falls within the meaning of ‘consumer’ as defined in Section 2(1)(d)(ii) of the Act but it is limited to the dispute relating to ‘unfair trade practice’ or a ‘restrictive trade practice’ adopted by the service provider or if the ‘consumer’ suffers from deficiency in service or hazardous service or the service provider has charged a price in excess of the price fixed by or under any law.

      Now, the Regulation No.3.5 of West Bengal Electricity Regulatory Commission published in Kolkata Gazette (Extra-Ordinary) dated 12.09.2007 being notification No. 36, which has a statutory effect provides –

    “3.5.1(a) – In case, there is any dispute in respect of the billed amount, the consumer may lodge a complaint with the Grievance Redressal Officer, if the consumer is aggrieved by the order of the Grievance Redressal Officer, in accordance with the provisions of the concerned Regulations.   In such a case, the aggrieved consumer may, under protest, pay, -

1. an amount equal to the sum claimed from him in the disputed bill, or
2. an amount equal to the electricity charges due from him for each month calculated on the basis of average charge of electricity paid by him during the preceding six months,

Whichever is less pending disposal of the dispute.

          (b)   The amount so calculated provisionally under clause(ii) by the licensee and tendered by the consumer shall be accepted by the licensee against that bill on the provisional basis”.

          Keeping in view the fact that the meter was a defective one, the Ld. District Forum should have asked the complainant to make payment of the bill in accordance with the regulation No.3.5.1(a) of the West Bengal Electricity Regulatory Commission dated 12.09.2007.  The Ld. District Forum has failed to consider the matter keeping in view the provisions of WBERC.

          After giving due consideration to the submission advanced by the Ld. Advocates appearing for the parties, when it appears that the amount of bill for the month between April, 2015 to June, 2015 raised doubt in the mind of the appellant, he may approach the Grievance Redressal Officer to ascertain the actual state of affairs.  But at the same time, she has to follow the provision of Regulation 3.5.1(a) by paying the amount of Rs.14,947/- as onetime payment or average charge of electricity paid by him during preceding six months till the dispute is solved by Regional Grievance Officer or any higher authority as per regulation.

          Therefore, the impugned order is modified to the extent that the appellant/complainant shall pay the entire amount of Rs.14,947/- of the disputed bill with protest or to pay the average bill on the basis of preceding six months.  The appellant may pursue his grievances as to the disputed bill with the Grievance Redressal Officer and if necessary to its higher authority i.e. Ombudsman under the provisions of Electricity Act, 2003 and the Regulation framed thereunder.

          With the above observations, the instant appeal stands disposed of on contest.  There will be, however, no order as to costs.

          The Registrar of this Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, North 24 Parganas at Barasat for information.