DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 484/2014
Date of Filing: Date of Admission Date of Disposal:
28.08.2014 05.09.2014 01.09.2015
Complainant = Vs. = O.Ps.
Rathindra Nath Banerjee West Bengal State Electricity
S/o. Late Barindranath Banerjee Distribution Company Limited
of Kanan Apartment, Block-4, of 90, Orderly Bazar, Barrackpore,
B/NO11, Daspara 107, Kolkata-700120.
S.N. Banerjee Road,
Munirampur, Barrackpore,
Kolkata-700120.
Advocate Name for the complainant:- Ranjit Das
Advocate Name for the OPs:- S. Mitra
P R E S E N T :- Smt. Bandana Roy................President
:- Sri Rabideb Mukhopadhyay…..Member
J U D G E M E N T
Facts of the case, in short, is that the complainant is a bonafide consumer in respect of electric meter no-L3363502, Type –A (DM-U) phase-IDM/F:1 installed at Kanan Apartment, Block-4, B/No11, Daspara, 107, S.N. Banerjee Road, Munirampur, Barrackpore, Kolkata-700120 by the OP for the daily consumption of electricity for the purpose of household.
Complainant stated that the OP represented itself to reputed company and is in good reputation and goodwill in regard to and in accordance with the company and were honest in their dealings and as such these were no possibility of the complainant to be duped in his manner whatsoever.
Complainant also stated that the complainant time and again requested the OP to visit the place of installation of aforesaid meter as since the last billings period that of June of August 2014 on exorbitantly high rate of electricity bill has been sent from the OP which is beyond the consumption of the complainant.
Complainant further stated that the complainants average bill tantamount to Rs 250 to Rs 300/- and after the replacement of the new digital meter this exorbitantly high meter reading very unlikely and absured.
Dictated and corrected Contd. …. 2/-
C. C. Case No.-484/2014
- :: 2 :: -
Complainant stated that complainant seeking no other alternatives being compelled and constrained made several oral and written complaints and intimated to the OP to clarify the ambiguity with request to check and replace the defective meter but the OP did not pay heed to any of the aforesaid request in as much as did not even bother to at least reply the same clarifying the ambiguous situations removing the clouds casted over the reality for the reasons best known to the OP though the intimations were received by the OP.
Complainant also stated that the false, fraudulent and misleading representations which was made by the OP to the complainant in respect of the said electric meter which has been misappropriated by the OP in the manner aforesaid by the complainant whereby the OP deceiving, declining and cheating the complainant legitimate claim created and/or caused mental agony, depression, in surmountable losses and inures whereby the complainant was harassed to shame in as much as deteriorated and distorted the mental peace and tranquility whereby breaking the harmony of the family lives suffering heavy losses and incurred plentiful damages. Hence the complaint.
OP has contested the case by filing written version.
OP stated that there was/is no cause of action arose for filing this instant complainant case against the OP after rather the complainant failed to make out any allegations against the OP and as such this instant complainant case is liable to be rejected and the complainant is not entitled to get any relief against this OP.
OP stated that the complainant Rathindra Nath Banerjee being a consumer under the Station Manager Barrackpore C.C.C. has submitted a grievances letter for high billing on 12.06.2014 for the month of June to August, 2014 and accordingly the inspection was done on 02.08.2014 for checking the accuracy of the meter.
OP also stated that the conventional meter was sticky which results in low electricity bills were generated which is an absolute loss to the W.B.S.E.D.C.L. one complaint received on 12th day of June, 2014 and a meter checking team was sent on 06.08.2014 to the concerned premises and in presence of the complainant the meter was checked and found O.K. and to that effect the report was sent to consumer vide office memo no-1251 dated 16.08.2014. By Order, conventional meters are to be changed and same done with the concerned consumer/complainant only.
Dictated and corrected Contd. …. 3/-
C. C. Case No.-484/2014
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OP further stated that as the meter was checked on 06.08.2014 in presence of concerned consumer and found to be correct and accurate. As the meter is O.K., in turn the billing is also correct. As the meter is functioning in good condition and have no fault therein and as such the billing was done according to the meter reading. There are no latches on the part of the OP as such the instant complaint case is not tenable and the same should be dismissed with costs for unnecessary harassment.
OP also stated that after observing all the complainant made a written representation to the OP and undertake to pay the bill amount with installments subject to confirmation of the OP which is under consideration.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision
From the copy of the letter dated 29.12.2014 written to the station A.E. and station Manager W.B. S.E.D.C. L. Barrackpore by the complainant. It appears that complainant has prayed for allowing the complainant by pay the outstanding in installment. OP admitted that the matter has not been decided yet. We are of the view that for ends of justice complainant should allowed to pay outstanding bill by installments.
Hence
It is ordered,
that the complaint and same be allowed on contest against the OP in part.
OP is directed to allow the complainant to pay the outstanding electric bill in twelve installments in along with the current bill which will be started from October, 2015, failing which OP shall have to pay sum of Rs 50/- per day from the date of this order till it realization, as punitive damages, which shall be deposited by the OP in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
