Date of Filing: 28.09.2021. Date of Disposal: 02.08.2022.
Order No.15 Date: 02.08.2022.
Ld. Advocate for the OP files hazira. No step is taken by the complainant.
The record is taken up for order in respect of M.A. case being No. 39/2021.
On 28.09.2021 the complainant has filed a petition supported by an affidavit praying for passing an order directing the OPs to receive the bill amount which is being sent by the OP to the complainant as per reading of the new and replaced meter excepting the disputed bill amount , raised under bill dt. 10.08.2020 in easy installments from the complainant.
It is stated in the said petition by the complainant that the OPs installed electric connection No. 13123368 and meter No.LX008295 in the name of the complainant. One consumer I.D. bearing No. 500517704 was provided by the OP. Unfortunately, on 19.02.2020 the above mentioned electric meter was burnt and the electric connection became disconnected. The complainant intimated the said matter on 20.02.2020 to the OP along with a request for taking necessary steps towards installation of new electric meter for effecting connection as early as possible for the need of agriculture. Then the OP No.1 replaced the burnt meter with a new meter bearing No. YX042618 in the afternoon of 5th March, 2020. Though the complainant cleared the total billed amount till March, 2020 yet the OPs sent bills dt. 16.06.2020 in the month of June, 2020 by raising bill amount of Rs. 23,316/- for 100 units only for the month of April, May and June, 2020 and outstanding amount was shown as Rs. 22,865.73/- . The complainant raised objection verbally as well as written before the OP No.1 and the Divisional Office. The OP No.1 subsequently, by raising bill dt. 10.08.2020 claimed Rs. 9,119/- as bill amount for 130 units where outstanding amount has been shown as 0(zero). The present case is related to the defective bill dt. 10.08.2020 which is still pending for adjudication. Since, after installation of new meter, the OPs are sending bills to the complainant as per reading of the new and replaced meter but they are not receiving any bill amount from your complainant as the complainant is not paying the disputed bill amount raised by the OPs vide bill dt. 10.08.2020. Due to non-receipt of bill amount by the OPs, it is gradually increasing and if the amount reached at higher amount, it will not be possible for the complainant to pay the same at a time.
Upon this background, the complainant prayed the above mentioned prayer.
The OPs did not file any W/O against this M.A. Case. But at the time of serving copy of the said petition, the OP raised objection, but at the time of hearing of the M.A. case, no step was taken by the OPs.
Perused the case record and the M.A. Case being No. 39/2021.
It appears that on 12.03.2021 the complaint was lodged by the complainant against the OPs with regard to the disputed bill dt. 10.08.2020. Accordingly, CC No. 44/2021 is related to the disputed bill dt. 10.08.2020. Though the case has been filed in respect of bill dt. 10.08.2020 yet no bill dt. 10.08.2020 or copy of the same has been filed by the complainant. Even in the petition of the M.A. case, the complainant prayed for directing the OPs to receive the subsequent bills by installments but the amount of the subsequent bills or bill dt. 10.08.2020 has not been mentioned or filed. Only a copy of the bill dt. 04.06.2022 and no other copy has been filed. The petition nowhere disclosed whether those bills amount would be paid by installments or not.
In such a situation, it is very difficult to pass any appropriate order in respect of payment of subsequent bills by installments.
In such a situation, we are of opinion that we do not find any earthly ground to allow the M.A. case being No. 39/2021.
Hence, it is
Ordered
That the M.A. Case being No. 39/2021 be and the same is hereby rejected but without any cost.
The M.A. Case being No.39/2021 is thus disposed of.
Let a copy of this order be supplied to the parties on free of cost.
Dictated & corrected by me.
President
D.C.D.R.C , Purba Bardhaman.
Member President
D.C.D.R.C , Purba Bardhaman. D.C.D.R.C , Purba Bardhaman