DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _40_ OF ___2017
DATE OF FILING : 23.03.2017 DATE OF PASSING JUDGEMENT: 27.4.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Shib Sankar Biswas, son of late Pannalal Biswas of Village-Chakmanik, P.O Bawali, P.S Nodakhali, Kolkata – 137, Dist. South 24-Parganas.
O.P/O.Ps : West Bengal State Electricity Distribution Company Ltd. Customer Care Centre, Dongaria, P.S Nodakhali, Dist. South 24-Parganas.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The facts leading to the filing of the instant case by the complainant are that he has got a domestic electric connection from the O.P since 1980. On 20.8.2011 , old meter has been replaced by a new one. Since then, no electric bill is supplied to him by the O.P Department, despite his repeated persuasion. Electric line was disconnected arbitrarily by the O.P without giving any notice to him. Thereafter a bill dated 29.6.2016 was given to him for the period from February 2013 to April 2013 demanding Rs.18,280/- . On payment of that bill, electric connection was restored to his house. The same tactics have again been followed by the O.P. Three bills i.e bill dated 20.8.2016, bill dated 3.11.2016 and bill dated 15.2.2017 have been given to him by the O.P and thereby the O.P has charged an excessive amount for the period prior to January 2014 ,which he cannot do as per provisions of Electricity Act. As those bills have not been paid by the complainant , his electric line has been disconnected on 14.11.2016 and since then the complainant has been living in darkness facing untold misery and inconvenience. Now he prays for reconnection of electric line, cancellation of those bills and for payment of compensation for unnecessary harassment and mental agony. Hence, this case.
Notice of this case has been served upon the O.P and the O.P entered into appearance in this case. But thereafter no written statement has been filed by the O.P Department. Hence, the case is heard exparte against the said Department.
Complainant has filed affidavit in chief along with supporting documents like electric bills (photocopy) which are kept in the record for consideration.
Upon the averments of the parties following points are formulated for consideration.
POINT FOR DETERMINATION
- Is the O.P guilty of deficiency in service by issuing three aforesaid bills against the complainant?
- Is the O.P guilty of deficiency in service by disconnecting the electric line of the complainant?
- Is the complainant entitled to get the relief or reliefs as prayed for?
DECISION WITH REASONS
Point no.1 , 2 & 3 :-
All the points are taken up for discussions at a time for the sake of convenience.
Three bills i.e bill dated 20.8.2016, bill dated 3.11.2016 and bill dated 15.2.2017 are assailed herein by the complainant on the ground that the O.P cannot recover the amount mentioned in those bills. According to the submission of the complainant, the O.P did not issue the bill in his favour immediately after the period of consumption inspite of repeated requestsfor those bills. Now, to cover up his negligent conduct, the aforesaid bills have been issued unlawfully by the O.P demanding an excessive amount which is not recoverable by him in law.
Let us see now whether those bills have been issued by the O.P in compliance with the provisions of the Electricity Act and the Regulations of the Department and whether the electric line of the complainant has been disconnected in observance of those provisions of Law.
Regulation 4.0 of West Bengal Electricity Regulatory Commission( Electricity Supply Code) Regulations , 2013 deals with disconnection of supply. Regulation 4.1 thereof deals with disconnection for non-payment of bills. Regulation 4.1.3 lays down the procedure to the effect that the disconnection can only be effected subject to satisfaction of Sub Section (2) of Section 56 of the Act i.e Electricity Act, 2003.
Regulation 3.4 deals with recovery of outstanding dues. Regulation 3.4.1 thereof deals with the procedure to be followed for recovery of outstanding dues. Regulation 3.4.1(c) lays down that it will be the responsibility of the licensee to take prompt actionfor speedy recovery of defaulted amountfrom all the consumersand/or for disconnection of supplyof defaulting consumers subject to the provisions of the Act and these Regulations.
Section 56(2) of Electricity Act , 2003 reads as follows ;
“Notwithstanding anything contained in other Law for the time being in force no sum due fromany consumer, under this Section shall be recoverable after the period of two years from the date when such sum became first due ,unless such sum has been shown continuously as recoverable as arrear of charges for electricity supply and the licensee shall not cut off the supply of electricity”.
Going through the provisions of Law as mentioned above, it is found that the Licensee i.e the O.P cannot recover the arrear amount from the customer after expiry of the period of two years from the date when the said amount fell due for the first time and unless the said amount is shown to be recoverablecontinuously in the subsequent bills.
It is laid down in Section 56 (2) of the Act that the O.P/Licensee will not be able to disconnect the electric line of the consumer without giving any notice.
Coming to the facts of the instant case it is found that the O.P/Licensee has evolved a self innovative process to cover up the laches of his department. It is the laches on the part of the O.P/Department not to issue any electric bill months by months . Thereafter the O.P woke up one fine morning after expiry of a considerable period and issued the bills i.e bill dated 20.8.2016, bill dated 3.11.2016 and bill dated 15.2.2017 and thereby demanded considerable sum of money as outstanding amount from the complainant. Not only this, the O.P also disconnected the electric line of the complainant on and from 14.11.2016 . All these activities of the O.P Department appear to be done in flagrant violation of the provisions of the Act and Regulation as referred to above. Exercise of power in issuing the aforesaid bills by the O.P is absolutely arbitrary and such exercise of power so arbitrarily has caused immense loss and inconvenience to the complainant since 14.11.2016 ,for which the complainant is entitled to get the compensation from the O.P/department. The three bills i.e bill dated 20.8.2016, bill dated 3.11.2016 and bill dated 15.2.2017 being issued in contravention of the legal provisions as referred to above deserve to be cancelled.
All the points as referred to above are thus answered in favour of the complainant.
In the result, the case succeeds.
Hence,
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That the complaint case be and the same is decreed exparte against the O.P with cost of Rs.5000/-.
The three bills i.e bill dated 20.8.2016, bill dated 3.11.2016 and bill dated 15.2.2017 are hereby cancelled and at the same time the O.P is directed to issuefresh bills for the3 amount the recovery of which is not hit in any way by Section 56 of Electricity Act, 2003and to adjust the amount of Rs.17,273/- which is paid by the complainantin pursuance of bill dated 20.8.2016 , within 15 days of this order.
Be it made clear here that the O.P will not be able to issue any bill for recovery of any amount for consumption of energy for the year 2013,2014 and 2015 .
The O.P is directed to give reconnection of electric line of the complainant within 15 days of this order, failing which he will have to pay Rs.20,000/- as compensation to the complainant.
The O.P is also directed to make payment of Rs.50,000/- as compensation to the complainant for causing unnecessary harassment and mental agony to the complainant by issuing arbitrary bills , within a month of this order failing which the compensation amount and the amount of litigation cost will bear interest @10% p.a till realization thereof.
Let a free copy of this order be given to the parties concerned at once.
President
I / We agree
Member Member
Dictated and corrected by me
President
