The complainant-s case may be stated as follows.
The complainant is the consumer being Consumer ID No. 222003962, Parbatipur, Tamluk under the OP. He received an electricity bill dt. 19-09-2013 for Rs. 16,936. from the Opp. Party. The complainant sent an application to the OP for correction of the same with the allegation of incorrect and fictitious bill. The OP, without taking any step with regard to the said bill of Rs. 16,936., sent again another bill dt. 30-12-2013 for an amount of Rs. 21,133.. The OP has threatened the complainant to disconnect his electricity line, hence, the case has been filed with the prayer to (1) direct the OP not to disconnect the line, (2) to correct the bill and other relief.
To substantiate his claim, the complainant filed one installment electric bill dt. 05-02-2013 for payment of total Rs. 30,634. sent by the OP to the complainant, six money receipts (photocopies in two sheets), two separate electricity bills and one letter dt. 30-09-13 addressed to Manager, Tamluk, W.B.S.E.D.C.Ltd. All the above documents are photocopies of documents.
The OP, after entering his appearance, resisted the entire allegations made against it in the petition of complaint by filing their written version. It is stated in their (OP) written version that the electric bills for the period from April 2013 to June 2013, July to Sept-13, Oct. to Dec.-13 etc. for total of Rs. 21,133. are still unpaid by the complainant and he is a habitual defaulter. The unpaid bills for the period from April to Sept. 2013 was carry forwarded to the bill of Oct. to Dec. 13 and that no incorrect bill/bills was/were sent to the complainant.
Points for determination
- Whether the complainant is entitled to any relief as prayed for.
Decisions with reasons
We have gone through the entire record and considered the respective submission as advanced on behalf of the parties.
Admittedly, the complainant is the consumer, for consumption of electricity, under the OP. Undisputedly the Op sent the electrtic bill dt. 19/09/2013 for Rs. 16,936. for the period from July 2013 to September 2013 and thereafter, also another bill dt. 30-12-2013 was sent by OP to complainant for the period from Oct. 2013 to December 2013 for total Rs. 21,240. including outstanding bill for bill for Rs. 17,078.83and special rebate was given for Rs. 64.20 if paid Rs. 21,133.within due date 09/01/2014.
The main grievance on the part of the complainant is that the OP intentionally for his harassment, sent the incorrect bills in question to him and correction was not made in spite of written request.
On careful perusal of the instalment bill dt. 05-02-2013 (i.e. for outstanding bill) for the period from April 2012 to March 2013 (12 months) for total amount of Rs. 30,634., the six receipts (6 nos. money receipts) for payment of such instalment bill by the complainant it is clear that the complainant paid electric bills up to March 2013. But after going thorough the two electric bills for the period from July 2013 to September 2013 (3 months) for Rs. 16,936. (excluding rebate) but including outstanding bill for Rs. 11,209.22 (because only last bill for Rs. 1,777. for April 2012 was paid on 18/04/2012 by the complainant) and another bill dt. 30-12-2013 for the period from Oct. 13 to December 2013 including the outstanding bill for the amount of Rs. 17,078.83, it is found that the said two bills dt. 19/09/2013 for Rs. 16,936. and bill dt. 30/12/2013 for Rs. 17,078.83 are wrong in view of the fact that the complainant had already paid by instalment the amount of Rs. 30,634. upto March 2013, then how the OP could show in the said two bills that the complainant paid last bill up to April 2012.
That being the position, we do find deficiency in service on the part of the OP with regard to incorrect bills as contended by the complainant. In the circumstances, as aforesaid, the complainant is entitled to get relief.
Hence, it is
ORDERED
that the instant case be and the same is allowed on contest against the OP. The OP is, therefore, directed to make necessary correction in their bill dt. 19-09-2013 for Rs. 16,936. and bill dated 30-12-2013 for Rs. 21,133. and to pay compensation for a sum of Rs. 3,000. and litigation cost Rs. 1,500. within 40 days from the date of this order and in the meantime the OP shall not disconnect the said line of the complainant. In case the OP neglects/fails to comply with this order, the complainant is at liberty to execute the order in accordance with law in which case, OP shall be liable to pay fine at the rate of Rs. 100. per diem from this day till compliance of this order in toto. The complainant is also directed to deposit Rs. 15,000. within 40 days as interim payment towards consumption of electricity for the period from April 2013 to March 2014 and the deposit amount of Rs. 15,000. would be adjusted with the bills for the period from April 2013 to March 2014 failing which the instant case shall stands dismissed.
