Date of filing : 18.12.2014
Date of S/R : 28.01.2015
Date of Order : 14.12.2015
Calcutta Rolls Mfg. Co.
represented by its partner Sajjan Kr. Singhania,
having its place of business at
31’J’ Road, Belgachia, P.S. Liluah,
District Howrah……………………………………………………….Complainant
Vs.
- West Bengal State Electricity Distribution Co. Ltd.,
Having its Reg. office at Bidyut Bhavan, Block-DJ,
Sector-II, Bidhannagar, Kolkata-91
- The Station Manager,
WBSEDCL, Dasnagar CCC, Howrah Division,1,
Having its office at 33/11 KV Sub Station,
Complex, Balitikuri Industrial Estate Complex,
Balitikuri, Howrah -711113………………………………….Opposite parties.
P R E S E N T
………………………………………………………………………………………..
President : Shri B. D. Nanda.
Member: Smt. J. Saha.
Member: Shri A. K. Pathak.
F I N A L O R D E R
This is an application U/s 12 of the Consumer Protection Act, 1986 filed by the Petitioner, Calcutta Rolls Mfg. Co. represented by Partner, Sajjan Kr. Singhania, against the O.P.s, WBSEDCL, and Station Manager, Dasnagar CCC, praying for direction upon the O.P.s to withdraw the alleged claim of old dues amounting of Rs. 366288/- and LPSC charges of Rs. 60438.01 and to pay Rs. 50,000/- as compensation and 10,000/- as litigation cost.
The case of the petitioner is that he is a partner with others of the petitioner Co. carrying on business in order to earn livelihood and they have a good numbers of workers and staff who also earning their bread and butter. The petitioner is a bonafide consumer and there was no disputes with the O.P. at any point of time. However suddenly in the month of April, 2014 the petitioner received one electricity bill amounting to Rs. 387564.29 as outstanding dues and Rs. 21889/- as current electricity charges. Receiving the bill the petitioner requested the O.P. 2 to rectify the bill as the demand was illegal and there might be some mistake on the part of the o.ps. and he paid the current bill of Rs. 21889/- for the month of April, 2014. In May,2014 the petitioner got the current bill of 19,497/- also with outstanding Rs. 387564.29. He again went to O.P. 2 and requested him to rectify the bill but in vain. And he paid the current bill. Again in June he got the same bill and was confused and he went on paying the current bill. On 11.07.2014 he sent a notice to the O.P. to rectify the bill and remove the outstanding but the O.P. sent him a notice asking him to make payment of Rs. 404115/- for the month of Decemdber,1998, January,1999. December,1999, January,2000 to October,2000 and December,2000 to July,2001. Receiving the Notice the petitioner went to O.P. 2 and asked him to withdraw the notice as there was no outstanding and also requested him to rectify the dues and sent him a revised bill . On 15.11.2014 the O.P. sent him a notice showing outstanding of Rs. 366288/- for the bill period December,1998 to July,2001. The petitioner again sent him a notice and the O.P. did not give any satisfactory answer and then the petitioner filed this case.
The O.Ps. contested the case for filing a written version denying the allegation made in the petition and submitted that the case is not maintainable in law and the petitioner has no cause of action against them. They further submitted that the actual dues from the petitioner was Rs. 3,87,564.20 and on the prayer of the petitioner it was reduced to Rs. 3,66,288/- for the period February 1999 to July,2001 and the petitioner paid only 1,08,000/- through cheque on 13.02.2015 as per order of the Forum. There was no negligence on the part of the O.P. and the O.P. cannot review the bill . The case against petitioner be dismissed.
On the above cases of the parties the following issues are framed :
- Whether the case maintainable in the present form ?
- Whether the petitioner has any cause of action to file the case ?
- Whether there is any deficiency in service on the part of the O.P. ?
- Whether the petitioner is entitled to the reliefs as prayed for ?
Decision with reason
All this issues are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration . In support of his case the petitioner Sajjan Kr. Singania being partner of the petitioner farm filed affidavit in chief along with documents showing his payment of previous bills . In the alleged bill there was an outstanding demand of 3,87,564.29 but the same was reduced to 3,66,266/- by the O.P. company . Thus this is a case connecting the electric energy consumption bill which cannot be entertained by the Forum.
In the case of defective meter or excessive bill the consumer has to approach the proper forum i.e. the Chief Electrical Inspector, as laid down under of the Indian Electricity Act,2010 and this Forum has no jurisdiction to entertain such a case and there is no deficiency in service also on the part of the WBSEDCL as the decision of the Electrical Inspector is final. This Forum kept in mind the submission of the Ld. Counsels of the both sides and also the cases of the parties and the documents filed by them and the present position of law laid down by our Supreme Court in the case of CESC Ltd. Vs. Shri N.M. Banka and others , Categorically opined that the Consumer Forum cannot entertain Electricity bill disputes as per the provision of the Indian Electricity Act, 1910. Our Appex court observed that the correct course of action for a consumer with a dispute of the correctness of the bill or electricity meter, the consumer would apply to the electrical Inspector designated under the Indian electricity Act. In the instant case the petitioner has not adopted as the correct course of action and instead he had chosen to approach the District Forum , which has no jurisdiction. Our National Commisson in the case of Biswa Nath Mujkherjee Vs. WBSEB and Other opined in the same tune that the consumer Forum cannot entertain electricity bill dispute.
In view of above discussion and findings the case of the petitioner fails .
Court fees paid is correct.
Hence,
Ordered,
That the CC 644/2014 be and the same is dismissed on contest without cost.
Supply the copy of the order to the parties free of cost.
Dictated and corrected
by me.
( B. D. Nanda)
President, C.D.R.F. Howrah.
